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| Photo credit: http://www.huffingtonpost.com/2014/06/06/children-illegal-mexican-border_n_5462133.html |
Since the unaccompanied minor surge in the US in 2014 I have
personally witnessed the struggle refugee children and their families
experience on their legal journey to try to remain in the U.S. As a legal
assistant at a non-profit law firm, I work children and young adults who are
victims of sex trafficking and also with unaccompanied
minors who were detained crossing the U.S border without a parent or legal
guardian.
Whether it be
employment, a better life or freedom, the truth is that migration dynamics have
changed not only in the U.S but nationally. Recently, migration is commonly
about fleeing gangs, drug trafficking, or religious percussion. Regardless of being Mexican, Salvadorian,
Syrian, or Afghan, what many refugees have in common is that they are leaving
their homes due to fear of being harmed, they are looking for a safe
environment to live in.
While assistance like housing, clothing, food and welfare
services are important to help refugees looking to re-settle in a new country,
equally important are legal services.
Most do not understand how detrimental and challenging the process is
for refugee applicants. Refugees have to maneuver difficult application
procedures that include countless paperwork, interviews, deadlines and the most
agonizing step; waiting for a response. Those who are denied then have to
endure a grueling and emotional appeal process in hopes that the country that
denied them may re-consider. Refugees are in a vulnerable position, as many of
them have suffered great loss and have had to leave their homes. When applying
for refugee status for other countries, the legal application process is tedious
and extremely stressful as any slip-up can negatively affect those seeking
safety.
Legal aid workers make significant contributions by
empowering those who are unfamiliar with a foreign country’s language,
requirements and legal system. Besides assistance
in representation, completing paperwork or appeals, legal aid is beneficial as
attorneys have the power and resources to make changes to current policy and
legislation. Like the recent Assembly
Bill 900 (AB900) which expanded eligibility for Special
Immigration Juvenile Status (SIJS). SIJS is a federal law that helps eligible
youth obtain lawful immigration status. AB 900 aligns state and federal law in
order to protect unaccompanied immigrant youth. Beginning on January 1, 2016,
probate courts will be allowed to grant guardianship and issue SIJS orders to
young adults up to 21 years old. Formerly, the limit age to petition for a
guardianship was 17, as a minor was recognized as an adult at age 18. This new
law will provide youth a better opportunity to adjust to life by allowing them
to have an adult guardian by extending the age limit for SIJS eligibility.
Understanding forced migration and human trafficking is
difficult and even more so when the victim is a child. Obtaining a more
comprehensive experience of what my clients experience will allow me to better
serve their needs. As I prepare to embark on this journey to learn about forced
migration; I cannot help but wonder not only what impact this trip might have
on me, but how I can use that knowledge to make a difference at home.
Additional links:
Unaccompanied minors:
Assembly Bill 900:
Special Immigration
Juvenile Status:
