Asian Fortune Your source for all things Asian American
By Sarah Guan
In May of 2014, 10,579 unaccompanied children crossed the border, and 10,628 unaccompanied children crossed the border in June[1] 2014. However, these children are crossing the border illegally, and their presence is inundating our immigration courts.
In response to this occurrence, the Department of Justice, in conjunction with the Corporation of National Community Service (CNCS), announced grants totaling $1.8 million dollars to legal aid organizations. The money would be used to enroll about one hundred lawyers and paralegals to represent the undocumented and unaccompanied children in immigration proceedings.
The grant money is to be awarded to programs that serve children in immigration courts located in Atlanta, Baltimore, Boston, Charlotte, Chicago, Cleveland, Dallas, Denver, Detroit, El Paso, Las Vegas, Miami, New York, Phoenix, San Antonio, San Diego, and Seattle. These programs include Equal Justice Works, Casa Cornelia Law Center, Catholic Legal Services of Miami, Legal Services of South Central Michigan, the Massachusetts Immigrant and Refugee Advocacy Coalition, the New York Immigration Coalition, and the University of Nevada, Las Vegas.
These immigration lawyers will go a long way in helping these children. According to Anoop Prasad, from the Immigration Rights Program at the Asian Law Caucus, “Around 84% of people in immigration detention do not have an attorney. Studies show that individuals with attorneys are almost three times more likely to prevail in removal proceedings. The immigration detention population is disproportionately Asian.”
More specifically, about 50% of unaccompanied children receive no legal representation[2]. Statistics have found that when children are represented by an immigration lawyer, they show up to their court proceedings 95% of the time. When children are not represented by a lawyer, they only show up 66% of the time[3]. This disproves the belief that children do not show up to immigration feelings. Therefore, the funds will help children show up at court proceedings, and also help them succeed in those proceedings.
Additionally, AmeriCorps, which functions under CNCS, will work to identify children who have been victims of human trafficking and abuse. They will refer these children to support services and authorities, as necessary. Illegal immigrants are more susceptible to exploitation for numerous reasons. They may not be able to speak English, experience poverty, or fear deportation. Children, especially unaccompanied minors may not know anyone in the US, or may have difficulty finding their family members. This makes them even more susceptible to abusers. Additionally, travelling alone means that the children may be abused as they make their way to the U.S.
The Department of State found that of the 600,000 – 800,000 men and women who are bought and sold across US borders each year, 50% of them are children[4]. Most are female, and end up in the commercial sex trade. The average age of children in the sex industry, whether they are from the US or foreigners, is 13-14[5]. Asian and Pacific Islander women represent the largest group of trafficked women[6]. Other people who are trafficked end up in servitude, sweatshops, or agriculture[7].
Although the grant was announced in reaction to the influx of Central American children, the grant also impacts unaccompanied and undocumented Asian American children.
We mainly think about illegal immigration as a Hispanic issue. However, out of the 10.8 million undocumented immigrants estimated in 2010, about 1 million are Asian. 11% of undocumented immigrants are under 18[8]. Thus, there is roughly 110,000 undocumented Asian children in the US. Additionally, during a five year period, covering 2008 through 2012, the US Border Patrol apprehended 369 unaccompanied Asian children[9]. The majority of these unaccompanied, and undocumented children were from India.
The recent influx of Hispanic immigrants across the border has also lead to an uptick of undocumented Chinese immigrants across the same border. Currently, those at the National Border Control have only encountered adult immigrants, but there are rumors that minors may be next[10].
There has been a huge number of deportations under the Obama administration. Recent figures have indicated that the Obama administration has deported over 2 million people[11]. Those that are deported cannot re-enter the United States. Additionally, those that leave the United States on their own free will can’t return. Thus, illegal immigrants cannot visit their family back in their native country. For children, this may mean never seeing their parents, or other family members again.
When undocumented children grow up in America, they may identify with American culture. However, they do not have the same rights as Americans. They cannot obtain a drivers license, receive financial aid, or apply for a job. They also may be deported at any moment. The lawyers provided by this grant would help unaccompanied minors in the courts, possibly helping them become legal residents.
[1]
[1] http://www.dhs.gov/news/2014/08/07/dhs-update-situation-along-southwest-border
[2] http://www.motherjones.com/politics/2014/06/child-migrants-surge-unaccompanied-central-america
[3]
[3] http://www.immigrationpolicy.org/just-facts/taking-attendance-new-data-finds-majority-children-appear-immigration-court
[4]
[4] http://www.sctnow.com/contentpages.aspx?parentnavigationid=5827&viewcontentpageguid=29d295d1-5818-4e7a-bde1-f61690fa44a8
[5]
[5] https://www.ncjrs.gov/pdffiles1/ojjdp/228631.pdf
[6]
[6] http://napawf.org/wp-content/uploads/2010/01/factsheet_humantrafficking_updated.pdf
[7]
[7] http://napawf.org/wp-content/uploads/2010/01/factsheet_humantrafficking_updated.pdf
[8]
[8] http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_ill_pe_2010.pdf
[9]
[9] http://www.motherjones.com/documents/1180407-unaccompanied-apprehensions
[10]
[10] http://www.nationalreview.com/article/382138/more-illegal-immigrants-china-crossing-border-ryan-lovelace
[11]
[11] http://www.usatoday.com/story/news/nation/2014/04/15/voices-gomez-obama-deportation-record/7562779/
