Advocacy Update
April 2005

Key Child Protection Legislation Still Pending in Congress
By Lynette Engelhardt Stott, Director, LIRS Policy and Advocacy Department

Irecently met a number of unaccompanied immigrant children who are now in the custody of the Office of Refugee Resettlement (ORR) in Phoenix, including little ones as young as a toddler from Guatemala and 3-year-old Brazilian twins. They smiled and laughed as they played, and cried when getting an immunization shot. They were children—no different from my own daughter—and yet so different in the eyes of our government. Their situation highlights why Congress needs to pass the Unaccompanied Alien Child Protection Act of 2005 (S.119/H.R.1172).

This important legislation, recently introduced by Sen. Dianne Feinstein (D-CA) and Rep. Zoe Lofgren (D-CA16), would expand upon improvements made a few years ago when the care and custody of unaccompanied newcomer children was transferred to ORR from the former INS. This new legislation would provide a structure for pro bono counsel and allow the appointment of guardians ad litem so children would not have to navigate the complicated U.S. judicial system alone. It would also ensure that unaccompanied children would be housed in shelters or in foster care if their own families were unable to care for them. For situations when detention is absolutely necessary, the bill would establish minimum standards of care.

Arizona has an unaccompanied immigrant child shelter bed capacity of 131, which includes a congregate setting, short-term foster care and a secure setting. Currently only one full-time attorney, who is employed by Florence Immigrant and Refugee Rights Project, is available to provide pro bono representation for these children. The attorney also attempts to recruit volunteer pro bono attorneys to work on appeals. With such a large caseload, it is impossible to provide sufficient legal counsel to each child. An attorney trying to discern a child’s legal options needs to build a trusting relationship with the child. This takes time, especially for a child who is fearful of returning to an abusive parent or situation. But an attorney with such a large caseload doesn’t have the luxury of spending numerous meetings with each child. The pro-bono attorney in Arizona can’t even appear in court with every child, so some must go to court alone even though the Department of Homeland Security always sends an attorney to court, to push for the removal of the child.

It is impossible for minors—especially very young children—to make informed decisions about legal matters. Children separated from their families are especially vulnerable. Some children have been trafficked into the United States or may be fleeing an abusive parent. Guardians ad litem—adults trained in child welfare—would ensure that the children’s best interests are being considered during proceedings and help determine whether or not a child is being returned to a dangerous situation.

Unaccompanied children need special protection and care. Many are fleeing human rights abuses in their own countries. But the U.S. asylum system is incredibly complex to navigate. Children need lawyers and guardians ad litem to ensure that their asylum claims are heard fairly and to provide for their best interest. Urge your members of Congress to cosponsor the Unaccompanied Alien Child Protection Act of 2005.

Read past Advocacy/Washington Updates.