by Jane Klinger, Baker & McKenzie
In my limited exposure to cases involving the immigration detention of children, I have found that these are some of the most complex and frustrating cases to navigate. If the bureaucracy and process is enough to make my head spin, I cannot imagine what it must be like for a terrified child who just traveled hundreds of miles, in shadows, on foot or by sea, and in the company of strangers to get here – only to be locked up upon arrival. With the uptick in people pouring over the border from Central America to escape dangerous living conditions and regimes, it is more important than ever for attorneys to volunteer their time to help organizations like CAIR Coalition provide refugees with representation.
You won’t win all your cases, and in light of the next administration’s rhetoric on immigration, the next four years may be a very uphill battle. But we have to fight because even losing can help your client. It was disheartening and infuriating when my 16-year old client from El Salvador, who fled after his brother was brutally murdered by MS-13, was denied asylum based on a (questionable) jurisdictional reason. However, because of our own jurisdictional strategy, our client is able to lawfully remain in the country until he gets to argue his case again at immigration court in 2019. This strategy not only gives him another bite at the apple, but provides him a safe environment to mature into adulthood for several years.
When I was asked to write this guest blog a few weeks ago, we had not yet voted on our next president – and admittedly, I never imagined that I would be writing this with a Donald Trump administration ahead of us. That we would need to fight to save important measures such as the Deferred Action for Childhood Arrivals, and fight to ensure that families are not separated in any mass deportation effort. Now that the reality has sunk in of how campaign promises will affect our immigration landscape, I urge anyone reading this to turn whatever fear, despair and hopelessness into action. Although it is impossible to really know what will happen under the new administration at this point, it is clear that millions of undocumented immigrants, and particularly children, will need our legal representation, creative minds and empathy for years to come.
Help us celebrate Noviembre de Niños and purchase an item off of our Amazon Wish List which will be gifted to immigrant children in detention facilities served by CAIR Coalition.
