Immigration detention of minors: What are the consequences?

Almost every time we talk about detentions or deportations we think of adults. Now, what happens if immigration catches a minor? Below, we explain what happens, what rights minor migrants have, and what legal protections are available to them.

What is considered an “immigrant minor”?

“Immigrant minor” means a category that encompasses individuals under the age of 18 with at least one immigrant parent in the U.S. These include:

• Children of immigrants under 18 years of age.
• Foreign-born citizens under 18 years of age.
• Permanent residents with Green Card under 18 years of age.
• Nonimmigrant visa holders (F-1, B-2) under 18 years of age.
• Minors under 18 years of age with refugee or asylum status in the country.

What is considered an “Unaccompanied Immigrant Minor”?

According to the National Immigration Act, “Unaccompanied Immigrant Children” (UAC) are considered to be any minor who meets the following requirements:

• Not having legal status in the United States.
• Be under 18 years of age.
• Have no mother, father or legal guardian in the United States.
• Have no mother, father or legal guardian available to provide care and physical custody.

What happens if immigration catches a minor?

When immigration authorities (in this case DHS) detain a minor, he or she is considered an “unaccompanied immigrant minor”. They are immediately taken into the custody of Customs and Border Protection (CBP) and then transferred to the Office of Refugee Resettlement (ORR).

Unaccompanied immigrant children remain in ORR shelters until they are released to their relatives or sponsors in the country. In addition, in these centers, they will be entitled to receive:

• Food.
• Medical care.
• Entertainment.
• Education.
• Legal representation
• Clothing.
• Dental care.
• Communication with your relatives in the U.S. (if you have them) and assistance in reuniting with them.

What is the detention process for an unaccompanied immigrant minor like?

The detention process of an unaccompanied immigrant minor can be summarized in the following stages:

1. Border Patrol Detention: When a minor crosses the border unaccompanied, the Border Patrol detains the minor.
2. Release to the Office of Refugee Resettlement (ORR): Border Patrol releases the child to ORR, part of the Department of Health and Human Services (HHS).
3. Custody and Care: ORR assumes custody of the child and is responsible for the child’s care while the child’s legal status and permanent placement is being determined.
4. Case evaluation: An evaluation is conducted to determine if the child qualifies for asylum, refugee or other immigration benefits.
5. Placement in shelters: Pending resolution of the case, the minor resides in ORR shelters.
6. Legal Process: You are assigned an attorney or legal representation is sought for your case. The minor may appear before the immigration court to resolve his or her immigration status.
7. Destination Determination: Once your case is resolved, a determination is made as to whether the child can remain in the U.S., be reunited with family members, or be sent back to his or her home country.

Usually, minors in this situation face the complexity of detention after fleeing violence in their home countries. Therefore, it is extremely important to work with an ICE detention lawyer who can help locate responsible parents or guardians and challenge continued detention. At Zava Immigration Law Group we can help you. Contact us and get the quality legal help you deserve.

How is the process of deportation of a minor?

The deportation process of an immigrant minor in the United States can be summarized as follows:

Please note that the process varies depending on the individual circumstances of the case. For this reason, having the help of an immigration attorney is essential. Do not face deportation proceedings on your own. Speak to one of our lawyers today and secure your stay in the country you have chosen as your home.

What immigration benefits are available to migrant minors?

Certain immigration benefits are specifically designed for immigrant minors in the United States:

• Access to asylum: Minors may seek asylum if they have suffered persecution or fear persecution in their home country because of their race, religion, nationality, political opinion, or membership in a particular social group.
• Special immigrant juvenile visa (SIJS): Some minors may qualify for the SIJS special immigrant juvenile visa if they have been abused, neglected, or abandoned and a court has determined that reunification with one or both parents is not viable. Some of these visas are:
  • U Visa
  • VAWA Visa
• Temporary Protected Status (TPS): In certain cases, minors and their families may be eligible for TPS if they come from countries affected by natural disasters, armed conflict or other temporary hazardous conditions.
• Family reunification programs: Minors may benefit from programs that facilitate reunification with family members legally present in the United States. They may even be able to initiate the adjustment of status process if they have a U.S. citizen or resident relative.

These benefits can be a good opportunity for children in vulnerable situations. However, the process to get them can be overwhelming. This is why having an experienced immigration attorney is essential. Don’t be frustrated by the difficulties of the system. Tell us your case today and let’s work together to protect your rights.

Cancellation of deportation for minor migrants

Even if immigrant minors have some protection from ORR, they usually still face removal proceedings. However, they can obtain cancellation of removal either through other immigration remedies or through an appeal before an immigration judge.

For all of this, the help of an immigration attorney is essential to support and guide you through this tough process. At Zava Immigration Law Group, our attorneys are ready to help you navigate every step of the process.

Work with an Immigration Lawyer for Minors in Phoenix

Cases involving detained or deported immigrant minors require urgent legal attention. Whether your child is held in an ORR shelter, facing a deportation order, or you need help accessing SIJS or asylum, our immigration detention attorneys at Zava Immigration Law Group are ready to help.