Protecting Immigrant Children's Rights: Court Orders DHS to Cease Coercive Advisals
The Department of Homeland Security had been advising unaccompanied immigrant children to either self-deport or face long-term detention, but a federal judge in Los Angeles has ordered the government to stop using such coercive language. The advisals violated a court order that prohibits immigration agents from pressuring children to give up asylum claims and leave the U.S. Unaccompanied children, those without a parent or legal guardian, were given these advisals when recently detained.
The minors were informed that they could return to their country without administrative consequences and still apply for a visa in the future. However, if they sought a hearing with an immigration judge or expressed fear of leaving the U.S., they were warned of prolonged detention. Those who turned 18 while in custody would be handed over to Immigration and Customs Enforcement for deportation. The advisals were generally given verbally but were documented by lawyers representing the children.
The judge highlighted the parallels between the recent advisals and the testimony of a plaintiff in a 1980s lawsuit challenging immigration officers' tactics. Due process safeguards for immigrant children were established following that case, granting them the right to consult with a relative or attorney before waiving legal protection. The judge denied the government's request to end these safeguards.
U.S. Customs and Border Protection stated that they are following the law and protecting children by providing clear advisals on their options under federal law. Unaccompanied children are initially held by Homeland Security before being transferred to the Office of Refugee Resettlement for long-term housing. The judge emphasized the coercive nature of the advisals faced by these children before being placed in ORR custody.
Children who provided declarations to the court expressed feeling threatened by the government's advisals, with some feeling compelled to sign voluntary departure papers due to fears of prosecution and long-term detention. An attorney involved in securing the court order in 1986 described the situation as a "war on children" and emphasized the need for more rigorous monitoring to protect their rights.
The government has until Thursday to decide whether to appeal the judge's ruling. The goal is to ensure that unaccompanied children's rights are safeguarded and that they are not subjected to coercive tactics in the future.