A Look at the Numbers Behind Undocumented Youth Cases
Posted on Aug 13, 2014 2:00pm PDT
In the last fiscal year, nearly 57,000 unaccompanied youth crossed the border into the United States. Combined with the number of children that travel into the country with their parents, the large number of these youth have overwhelmed federal immigration officials.
For these youth to remain legally in the United States, they must go in front of federal authorities. Showing up to immigration court means there is a possibility of deportation. But not showing up to court also risks deportation. Around 30% of all cases do not show up and courts have ordered over 2,800 youths to be deported this fiscal year.
Legally, youths that come into the country are entitled to a court hearing for their case, but not entitled to a lawyer. A recent estimate puts 50% of all children without an attorney for these hearings. Less than half of those with attorneys are allowed to stay legally. Only 10% of the youths without attorneys have been able to stay.
Exercising Their Right to Representation
Advocacy groups have recently championed for the rights of children to stay if they are unable to find an attorney because this is a denial ofrepresentation and due process to the children.
The government is making attempts to adjust to the large number of children in need of representation. More judges have been sent to the border to hear cases and awyers and paralegals have also been sent in order to represent the youth there. Legal experts at nonprofits have been offering presentations to youth to make them aware of their legal rights.
Swifter hearings have been promoted by some in order to encourage youth to attend instead of becoming undocumented immigrants in the country. Los Angeles recently put hearings on the fast-track, ensuring hearings occur 21 days after filing. However these hearings have come under fire due to the lack of time they allow for attorneys to prepare cases, and travel to the hearing,
The recommendation for undocumented youth to remain in the United States is to obtain Special Immigrant Juvenile status. This Status is intended to provide protection to those that may have suffered abuse, abandonment, or neglect. While applications for this status have led to more approvals, just over 3,000 were approved in the last fiscal year.
Children that come into the country unaccompanied have a better chance at staying than those who entered with their family. Overall, the statistics do not paint a comfortable picture for undocumented youth in America, and the large numbers of these youth currently face hearings or deportation, creating a somber outlook for their future in America.