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This Note will examine some of the legal arguments surrounding the issue of family unity in immigration detention in the U.S. and how justice can be sought for the minors wrongfully classified by the government as “unaccompanied.” The author posits that the government’s classification of minors traveling in nonparental family units as “unaccompanied” pursuant to 6 U.S.C. § 279(g)(2) unconstitutionally deprives these minors of their judicially recognized substantive due process right of family unity. Like minors who arrive at the border in the company of their parents or legal…
Abstract
Families who left their homes in Central America and Mexico searching for a better life in the United States often left their children behind until they were financially secure enough to send for them. The children usually waited years to reunite with their parents while many never made the voyage. The children’s emotional stories are conveyed in their own words detailing how vulnerable they felt when abandoned, confused, and at times, rejected after finally connecting with their long-lost families. The psychological trauma for the parents, and especially for their children, is…
This documentary from CBS News takes viewers inside the real-life challenges facing migrant families split apart by the Trump administration's "Zero Tolerance" policy. The documentary tells the stories of those impacted by the policy — the fathers, mothers, sons and daughters separated and unaware when they'll see their family members again.
Why OIG Did This Review
By law, the Office of Refugee Resettlement (ORR), which is within the Department of Health and Human Services, has custody of and must provide care for each unaccompanied child, including addressing their mental health needs. ORR-funded care provider facilities are required to provide counseling to children and arrange for more specialized mental health services, as needed. We conducted our fieldwork during a time when ORR was experiencing an influx of children. Our findings could inform the Unaccompanied Alien Children Program’s preparation for future surges.…
Abstract
When immigrant children are separated from their parents, inexorable medical and legal harms result. Family separation violates a fundamental right of parents to participate in medical decisions involving their children. This paper reviews and contributes to evolving analyses of the public health, legal, and ethical consequences of immigration policy.
EXECUTIVE SUMMARY
On February 26, 2019, the Committee on Oversight and Reform voted on a bipartisan basis to authorize subpoenas to compel the Trump Administration to produce documents relating to its policy of separating immigrant children from their families. These subpoenas were served to the Department of Justice (DOJ), the Department of Homeland Security (DHS), and the Department of Health and Human Services (HHS) after they refused to provide this information voluntarily in response to bipartisan requests made six months earlier.
This staff report has been prepared at the request…
This webinar offers foundational information related to the intersection of culture, the migration journey, trauma and assessment. In addition, recommendations for providing culturally responsive, child-friendly assessment and best practices are shared for working with interpreters for individuals who have direct contact with unaccompanied children (e.g., care provider staff) or work with people with direct contact with unaccompanied children (e.g., supervisors).
Abstract
The crisis of family separation caused by Trump Administration’s zero tolerance policy (ZTP) on the southern border has focused the nation’s attention and provoked public uproar due to the violation of basic rights and the expected negative impact on children and parents. There is decades’ worth of research documenting the damage of separating children from their parents in a wide diversity of circumstances and for a wide variety of reasons. There is also ample research evidence of the impact of any form of childhood trauma and consequent disruptions in development, cognitive…
The National Child Traumatic Network (NCTN) has published a list of measures that front line professionals can use to assess the exposure to trauma among migrant and refugee families and children. Many of the tools are available in numerous languages in addition to the version in English.
Introduction
Disability Rights International (DRI) carried out two investigation trips to Baja California, Mexico, in November 2018 and February 2019. DRI was accompanied by the Human Rights Commission of the Mexican State of Baja California (CEDH) and visited four residential, private institutions for children and adults – including migrants - with disabilities. In these institutions DRI found grave instances of torture and abuse, including use of prolonged restraints and isolation rooms. Particularly worrying was the high death rate of children with disabilities at an institution near…