The Reality of Current US Immigration Policy
49
Closer to home, at a fraction of the cost of prolonged incarceration, the administration could replace family detention pending a final immigration decision with
supervised family release and a much speedier and better administered asylum
process. As noted, previous efforts to do this have yielded excellent results. Recent
data from the Department of Justice shows that 89 percent of all asylum applicants
attended their final court hearing to receive a decision on their application,50 and
among families and unaccompanied children who have access to legal representation, “compliance” with immigration court obligations is 98 percent.51 The United
States could learn from its peers – other wealthy migration destination states
addressing large-scale child migration – by providing legal representation and
guardianship to unaccompanied children to ensure simpler and speedier court
proceedings and more rational and just living arrangements. Guardians could
ensure that children are accommodated in safety, with families or in childcare
facilities, while they await decisions in their cases, and that they have access to
appropriate educational and health facilities. Legal representatives could sift meritorious from unmeritorious cases, obviating the need for lengthy and costly court
adjournments, negotiating safe returns home where this is in the best interests of the
child, and ensuring prompt resolution by other means as appropriate, to the benefit
of all parties. No one benefits from the uncertainty, cost, and misery generated by
prolonged limbos.
Most critically, the United States should accept that, until it is abated by vigorous
and effective development investments, the current humanitarian disaster facing
children from the Central Triangle countries warrants special immigration policies.
Instead of trumpeting the myth that physical or institutional barriers will prevent atrisk children from fleeing, the United States should institute deliberate and regulated policies to facilitate orderly child entry.
Many of the unaccompanied children who seek humanitarian entry in the
United States have well-founded fears of persecution – they should qualify for
refugee status. But the recent executive changes to US policy described earlier have
restricted their chances, excluding those threatened by gang violence, for example,
from qualifying for asylum.
For Central American children fleeing violence who have documented relatives
in the United States, there should be refugee processing by US consulates in Central
America. This would ensure safe travel, removing children from harm at home and
en route. A program to do this that worked successfully was cancelled by the Trump
administration.52 It should be reinstated.
“Workload and Adjudication Statistics,” United States Department of Justice, February 3, 2020,
www.justice.gov/eoir/workload-and-adjudication-statistics.
51
“Priority Immigration Court Cases: Women with Children,” TRAC Immigration, Syracuse
University, https://trac.syr.edu/phptools/immigration/mwc/.
52
Pierce, Immigration-Related Policy Changes, p. 17.
50
https://doi.org/10.1017/9781108914994 Published online by Cambridge University Press
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