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Of Catholic Charities Atlanta 404-885-7483 or firstname.lastname@example.org Rebeca E. Salmon, Esq. A Salmon Firm, LLC ICAP Contract Attorney. Legalization Remedies for Undocumented Children NACC Conference – Achieving Equity for Children and Families, October 20-23, 2010 .
404-885-7483 or email@example.com
Rebeca E. Salmon, Esq.
A Salmon Firm, LLCICAP Contract Attorney
Legalization Remedies for Undocumented Children
NACC Conference – Achieving Equity for Children and Families, October 20-23, 2010
Immigrants can be particularly vulnerable to crimes like human trafficking, domestic violence and child abuse
Self-petitioning application—do not need a sponsor (law enforcement certification is optional)
Torture Slave trade
Incest Unlawful criminal restraint
Domestic violence False imprisonment
Sexual assault Blackmail
Abusive sexual conduct Extortion
Sexual exploitation Murder
Female genital mutilation Felonious assault
Being held hostage Witness tampering
Peonage Obstruction of justice
*Includes attempts, conspiracy, or solicitation.
*Includes any similar activity where the nature and elements of the unlisted crime are substantially similar.What crimes qualify?
Protection for children who do not have lawful status and who have been abused, abandoned or neglected in the U.S. or abroad.
State Law (Defining Abuse, Abandonment & Neglect; Best Interests)
International Law (Defining Best Interests/ Basic Human Rights & Protections)
The Homeland Security Act of 2002 (“HSA”) reorganized federal responsibilities for juvenile aliens. Prior to the HSA, the former INS was responsible for apprehending and detaining all juvenile aliens. The Homeland Security Act of 2002 created the Department of Homeland Security (“DHS”).
DHS has assigned juvenile responsibilities to the Bureaus of Immigration and Customs Enforcement (“ICE”) and Customs and Border Protection (“CBP”). Both were given responsibility for apprehending, processing, and transporting all juvenile aliens. DHS is also responsible for caring and housing accompanied juvenile aliens.
Office of Refugee Resettlement (“ORR”), a section of the U.S. Department of Health and Human Services, was assigned responsibility for caring and housing unaccompanied juvenile aliens who are detained by DHS pending resolution of immigration cases enforced by DHS.
A Statement of Principles guides the relationship between DHS and ORR, but discussions continue on a Memorandum of Understanding to govern the different responsibilities of the agencies for juvenile aliens. For instance, there are still different interpretations of what is an unaccompanied minor and which agency has responsibility for that minor.FEDERAL RESPONSIBILITES FOR JUVENILE ALIENS
In 1990, Representative Morrison introduced legislation in the House of Representatives (H.R. 4300) that created SIJS.
TVRPA Clarified intentions of Congress in protecting vulnerable foreign born children and enhanced efforts to combat trafficking and ensure safe repatriation when appropriate
Sec 235(d)(4)(B) provides:
William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
The Attorney General specifically consents (“SPECIFIC CONSENT”) to jurisdiction of juvenile court to determine the custody status or placement of a child if the child is in actual or constructive custody of the Attorney General
The child must remain under juvenile court jurisdiction for the entire time that the immigration applications are pending. (8 CFR 204.11(c)(5))
-- EAD issued within 90 days (SSN)
-- within 180 days of filing
-- Child must attend All EOIR Removal Master Calendar Hearings
-- Dependency Proceedings in State Court
-- Once approved, request joint Motion to Terminate from ICE
-- Deportation stopped and case transferred back to USCIS
-- EAD issued within 90 days of 485 filing (SSN)
-- within 180 days of filing the 485
7. Age 18 and if LPR 5 years -- apply for citizenshipOVERVIEW OF THE SIJS PROCESS:IN REMOVAL PROCEEDINGS
A #: xx
I-360 and I-485 Petition to Adjust Status
P.O. Box 805887
Chicago, IL 60680-4120
Special Immigrant Juvenile Status
Enclosed: Attached to application
(I-360) no fee
(I-485) $1010.00/ FEE WAIVER
TOTAL $1010.00/ or FEE WAIVER*
Good school records
Medical records/ Psych evaluations if abused
Letters of support of child from community
Photos of child in their life here
*IF FEE WAIVER – clearly mark outside of envelope and every page of each petitionCOVER PAGE
To be alone and lost.
To be alone and lost in a foreign country.
To be alone, abandoned or abused, lost and in a foreign country.
…And to be a child.