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Detainment and Detention of Unaccompanied Migrant Children

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Tia Upchurch-Freelove

on 24 April 2013

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Transcript of Detainment and Detention of Unaccompanied Migrant Children

1980 2000 1990 2010 2002 Congress passes the
Homeland Security Act 1997 Flores Settlement
Agreement 1991 1987 1996 2001 2003 2008 Flores v. Meese INS & CRS share
responsibility for Children INS becomes solely
responsible for children INS falls short ORR takes over TVPRA Unaccompanied Migrant Children: Apprehended by
CBP/ICE Sent to temporary facility Sent to ORR facility DHS prosecutes in
removal proceedings DHS determines if unaccompanied minor Successfully claims asylum or other form of relief 1 2 3 4 1993 Reno v. Flores Children should be placed in the least restrictive setting
No unnecessary delays in releasing children to sponsors
INS must comply with set standards to ensure the rights of unaccompanied children in detention are being upheld The CRC’s Effect on National Policy toward Unaccompanied Migrant Children:
A Comparative Analysis of
The United States and France Tia Upchurch-Freelove
GOVT 570 - 12/12/12 Unaccompanied Migrant Children
UN Convention on the Rights of the Child
Comparative analysis of the US and France
Findings, Inferences, Limitations My research paper: Research question Hypothesis How has the United Nations Convention on the Rights of the Child influenced the detainment, detention, and deportation processes for unaccompanied migrant children in the US and France? The CRC has influenced both the US’ and France’s policies and procedures regarding unaccompanied migrant children, but not solely due to the level of official endorsement of the convention “immigrants who are under the age of 18 and are not under the care of a parent or legal guardian. This includes children fleeing violence or unrest, seeking work, or who are victims of trafficking” - HRW Convention on the Rights of the Child: Adopted in 1990 by the UN General Assembly
Most influential international legal instruments
Best interest of the child principle - Article 3(1) How has the CRC influenced national policies and processes? France was one of the earliest supporters
US still has NOT ratified the convention 1 Procedures for unaccompanied migrant children at the Roissy Transit Zone Human Rights Watch - "Lost in Transit: Insufficient Protection for Unaccompanied Migrant Children at Roissy Charles de Gaulle Airport" 30 + years of policy changes in immigration law for unaccompanied migrant children Significance of my study Provide insight into the complexities of implementing international law
Understand the influence of the CRC better than if only one country was examined Findings and Inferences made Limitations Questions? Only examines the very surface of this issue
Not all variables have been taken into consideration Issues with U.S. System Children are treated more as illegals than vulnerable youth
Best interest of the child principle remains only applicable to U.S. citizens
Policies are sometimes not followed (Lackland Airforce Base 2012) Issues with France's system Policies in transit zones violate CRC provisions
Children detained with adults
Pressured to sign documents without understanding
Medical examinations
Lack of legal protection (protection for 24 hrs)
Transit zone policies VERY different than other areas US policies fall in line with CRC, advocates make up lost ground
As a signatory, France is pressured to change policies
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