Noncitizens who are younger than 18 can face removal (deportation) hearings just like adults can, such as for entering the United States without inspection or for staying after their tourist visa expired, for example. But unlike adults, nonimmigrant minors have unique protections in this process. Read on to get an overview of what these protections are, and how they work.

If a minor is under arrest for breaking an immigration regulation, then the arresting agent or officer has to find out whether or not the minor is "unaccompanied". An unaccompanied minor is someone under the age of 18 who does not have a parent or legal guardian inside of the United States.

If a minor does have a legal guardian or parent inside of the United States, then the minor would start the removal process. Sometimes, the minor's caretaker may be able to help them "bond out" of a detention center. For the most part, however, the child may have to stay in detention with parents. The child's removal proceedings will probably be lumped together with their parents' removal proceedings. If a minor is unaccompanied, however, he or she will be taken to the Office of Refugee Resettlement, where they will be taken care of for the time being. This means housing and some education during the removal process, though they could be released at any time if a relative inside of the U.S. can care for them.

Either way, the minor will be in the midst of the deportation process. There are a number of pro bono (free) lawyers as well as inexpensive immigration attorneys who could help defend against removal, and the immigration court should give you a list of such legal advocates.

Court Hearings for Minors in the Deportation Proceedings

Any minor who is in removal proceedings could be looking at deportation, or they could win their case, such as by getting a cancellation of removal or successfully applying for asylum. While outcomes for minors and adults can be the same, there are special rules for minors in removal proceedings at immigration court, which include:

• A minor can walk around the empty courtroom before their first hearing, so as to acquaint themselves with the place before their process starts
• Minors can have "reasonable modifications", such as the option to carry a toy or comfort item, or to sit with an adult they know instead of in the witness stand
• An immigration judge can decide that a minor does not need to attend the Master Calendar Hearing
• Judges can decide to not wear their robes when there is a court hearing for a minor
• Minors can be given more breaks during a hearing

Applying for Asylum as an Unaccompanied Minor

One of the reliefs an immigrant can receive in a removal proceeding is that of being granted asylum. While this is true of both minors and adults, an unaccompanied minor will have a different process to go through to succeed in his or her asylum application. They can apply for asylum with the USCIS, outside of the removal proceeding. Then an asylum officer who is an expert on asylum claims by juveniles will take the case. If the claim is accepted, then the removal proceeding will be canceled. But even if the asylum officer does not accept the claim, then the minor can still try one more time to apply for asylum in immigration court, during the removal proceedings.

Minors should also ask an immigration lawyer about their other possible defenses against deportation:

• Special Immigrant Juvenile Status: SIJS is for children who are declared dependents of a U.S. juvenile or family court for reasons such as parental abuse, abandonment, neglect, etc.
• Deferred Action for Childhood Arrivals is for qualifying minors who were taken to the U.S. when they were younger than 16.
• Prosecutorial Discretion means asking a court to overlook and close your case because it's not high priority.

When you are looking for a legal professional's help in immigration court, do not hesitate to contact an experienced immigration attorney from our directory today!