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A Victory for children: Creation of Guidelines for Immigration Court Cases Involving Unaccompanied M

New York, NY

The Women’s Commission for Refugee Women and Children applauds the Department of Justice’s creation of the Guidelines for Immigration Court Cases Involving Unaccompanied Alien Children.

“The Women’s Commission commends the Executive Office for Immigration Review for creating guidance for Immigration Judges who handle cases involving this vulnerable population,” says Wendy Young, director of external relations. “It is another positive example of this agency’s willingness to ensure the rights of children in immigration proceedings.”

The Executive Office for Immigration Review has posted interim guidelines for Immigration Judges dated September 16, 2004 on its website. While the Guidelines are not mandatory, they do apply to all Immigration Judges and encourage the Immigration Judges to employ child-sensitive practices and procedures in their courtroom to better facilitate the hearings for unaccompanied minors in proceedings.

According to Young, “Children struggle to present their asylum cases in a complex system that was really designed for adults. The guidelines are a critical step for recognizing children on their own terms including their unique vulnerabilities. We look forward to their release in final form.”

The Women’s Commission has long advocated for the rights of unaccompanied children in detention in the United States. The organization continues to advocate that unaccompanied children be appointed counsel and guardians ad litem throughout their proceedings.