Washington Update
June 2004

‘Give Justice to the Weak and the Orphan’
By Merritt Becker, LIRS Policy Advocate

Malik Jarno, a 16-year-old mentally challenged orphan, fled persecution in Guinea and was placed in immigration detention when he came to the United States without proper papers. He was jailed in various facilities for three years, much of the time with adult offenders, while fighting his asylum case. Now 19, Malik has recounted to his lawyers stories of guards using pepper spray if he did not follow directions, and of other physical abuse and mistreatment during his 35 months in jail. Although some facilities were better than others, none gave care and treatment appropriate for a child his age, nor were they equipped to handle his mental disabilities or language barriers.

Malik’s case has become a symbol of the difficulties encountered by thousands of child immigrants who arrive in the United States each year unaccompanied by a parent or guardian. Psalm 82:3–4a says, “Give justice to the weak and the orphan; maintain the right of the lowly and the destitute. Rescue the weak and the needy....” Malik and other children like him are “the weak and the orphan” who ought to receive special care while they are in U.S. custody. Thankfully, Malik was recently released from jail pending the outcome of new asylum proceedings ordered by the Board of Immigration Appeals.

The number of immigrant children held in jail settings after being abandoned or separated from their families has dramatically increased in the past five years according to Justice Department figures. In 1999 U.S. immigration authorities held 35 percent in such facilities. Today the figure is 68 percent. There is no official explanation for this increase, but LIRS believes that there are simply more detention facilities available while foster care and shelters are in short supply.

Newcomer children too often do not have lawyers, and end up lingering in detention while awaiting immigration proceedings. LIRS, the U.S. Lutheran voice for vulnerable immigrants, calls on Congress to pass the Unaccompanied Alien Child Protection Act (S.1129/H.R.3361) to reform the way these vulnerable children are treated. If passed, the bill would provide a structure for pro-bono counsel so kids do not have to navigate the judicial system alone, and would allow for the appointment of guardians ad litem—adults trained in child welfare—to ensure that children’s best interests are taken into account during legal proceedings. It would also ensure that children are housed in shelters or foster care if their own families are unable to care for them. Children like Malik should never be detained with adults. They need the special care and attention that this new bill seeks to provide.

You too can have a voice to help those orphans and refugees, some of the least among us. Please call 202/224-3121 to contact your members of Congress and ask them to co-sponsor The Unaccompanied Alien Child Protection Act—S.1129 in the Senate or H.R.3361 in the House.

UPDATE: Malik will finally have his day in court July 9. Immigration judge Joan V. Churchill of Arlington, Va., set a deadline of June 3 for the Department of Homeland Security to let her know whether or not it supports Jarno’s request for asylum, and July 9 for a one-day trial.

Read past Washington Updates.