National Human Rights Month

During the last few years you’ve likely seen the photos and news footage of young immigrant children, sometimes even in cages, at border facilities. Thousands of desperate children cross the border hoping to escape from violence and poverty. Instead, many fleeing for a better life end up in deplorable conditions, sometimes apart from their families. There are nowlawsuits against the federal government regarding the suffering and personal injury children are enduring.

According to the Council on Foreign Relations, tens of thousands of children arrive at the southern border each year. These are just the children arriving without adults. There are many more that come seeking refuge and asylum with one or more adults. While each of these children is an individual with a unique story, there are several general aspects regarding border detention you should know.

Why are So Many Children Detained at the Border?

They hold an increasing number of children at the border for a variety of reasons. The first and easiest answer is because record numbers are coming without any adult supervision. U.S. Customs and Border Protection states that the apprehension of 76,020 minors was occurring during 2019. This is a record. Extreme poverty, dangerous drug wars, and the threat of violence force many families to send their children to the United States. While many children are coming from Mexico, the majority now arrive from places such as El Salvador, Honduras, and Guatemala.

Another reason is due to the inadequate policies regarding immigration and their implementation. According to American Family Physician, many of the policies in place are extremely detrimental to immigrant children. The government is allowing the indefinite holding and detainment of children, which means that eventually the system will become crowded and overwhelmed. Many children are living in conditions that include little or no access to clean water or blankets. Some children are living in harsh environments with 24-hour lighting and cold temperatures.

What Happens When Children are Detained or Separated from Families?

There is a process that normally occurs after children arrive at the border.

  • Temporary Detention – U.S. Customs and Border Protection (CBP) will detain children while authorities determine if there is an adult that is responsible for the child.
  • Immediate Deportation – In some cases, officials may decide to immediately deport children back to Mexico or other countries.
  • Transfer of Children – For the children who remain in custody, Immigration and Customs Enforcement (ICE) facilitates the transfer of the children to Health and Human Services (HHS).
  • Influx Facilities – HHS will hold children in “emergency” or temporary facilities while determining where to send each child.
  • Long-Term Detainment – HHS will often send children to foster care, group homes, or shelters while their case is pending. The children either lose their case and the deportation process starts, or they gain asylum.

Are There Any Alternatives to the Current Process?

Critics argue that there are several alternatives to the process of detaining children long-term. Time suggests a few ways to change and improve the process.

  • GPS Tracking – This is one option to make sure children and adults are free while it’s still possible to find them if they don’t show for their hearing. This also saves a considerable amount of money since it’s cheaper to monitor through GPS than to house an individual or family.
  • Family Case Management Program – Restarting the Family Case Management program is another alternative. This was a connection to other families helping the immigrants navigate life in the United States, including the legal system.

How Can Americans Help Children at the Border?

An already troubled system is only getting worse due to the Covid-19 crisis. During National Human Rights Month, and beyond, many people feel the need to do what they can to help these children.

  • Donate time and resources to organizations that support and provide services to immigrants, especially children.
  • Contact your senators and representatives regarding immigrant children and the need to improve the system.
  • Show support for immigrant families in your neighborhoods and communities.

It’s important to shine a light on the suffering of children at the border during National Human Rights Month. It’s even more important to continually participate in helping children at the border year-round. If you know any child or family that is suffering because of negligence at a border or detention facility, it’s important to contact an experienced personal injury attorney. Bennet Injury Law has extensive experience representing personal injury, wrongful death, motor vehicle crashes, and work-related injuries. Contact Bennet Injury Law for a free consultation.

 

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