Facts and Background - Flores v Reno - Essay Example

Day Month Year Flores v. Reno Introduction Children often and seemingly have no voice in society. Many matters are simply decided for them, and we can only hope that society truly has their best interests at heart. In essence, society must speak up for children. This reality is at the heart of the Flores v. Reno case. Illegal immigration has long been a hot button issue in the United States. Once again, however, it is the children who are left in the cross fire. Children do not generally ask to come to a foreign land; rather, they come as a natural part of life with their parents who are often seeking a better life for the family. When the law catches up with the parents, however, society has long struggled with what to do with the children, particularly adolescents, while deportation proceedings are pending. Add to this the reality that there are thousands of illegal immigrant juveniles coming to the United States unaccompanied, which creates an even more muddied position where the law is concerned. There is grave disagreement in society over what to do with such immigrants who are found to be here illegally, yet lacking any strong custodial or family presence within the region. This paper deals with the facts of one such case that has caused America to re-think how they treat adolescents in such cases. Examined with be the facts and background of the case, and analysis of what the recent Flores v. Reno decision means for children of illegal immigrants today, and look at some current organisations that are providing assistance and aid to adolescents who find themselves caught in the middle of this fierce battle. Facts and Background At the time that Flores (an illegal immigrant and juvenile) was detained, prevailing Immigration and Naturalization Service (INS) policy was to hold the individual in a detention center until such time that they could either be deported or otherwise dealt with in a proper and law abiding manner. The issue, however, is that such facilities do not house only juveniles. Both sexes are present, juvenile and adult. The conditions are not conducive to minors, no educational services are provided, and social arrangements are not accommodated. Even thought Flores was an illegal immigrant lacking proper documentation, the argument was that her civil rights were being gravely violated. Interestingly enough, during this time, INS shifted its policy a bit to be more flexible in its provision that an interested adult party, should they be available, could take temporary custody of the juvenile. This was only permitted in special circumstances, however, and rarely acted upon. The reason was that INS felt the juvenile would not have any reason to turn back up for deportation hearings, so they would be lost inside the system once again. Initially, the courts agreed with Flores, After the government won a series of appeals, however, the Supreme Court did eventually weigh in. In a 7-2 decision, the finding was against Flores and in favor of existing INS policy. While the various courts and Supreme Court Justices certainly wrestled with and sympathized with unaccompanied minor being detained, they did not feel that their rights were being unduly violated. They were to be remanded into INS custody, as deemed appropriate, until proper arrangements could be made for the care and/or return of the immigrants to their own country. The issue remains, of course, whether INS custody in a detention facility is the right place for a scared juvenile from another land. Subsequent to these rulings, the INS has reviewed and modified policies, insisting that they will no longer subject juveniles to facilities with opposite sex members and an adult population, in exchange for finding them custodians that can more properly care for them. Many critics remain, however, as they have cited cases in at least four different states where the detainment on unaccompanied minors continues to be detrimental to the immigrants emotional and physical well being. Analysis Recent findings certainly seem to indicate that there is still a serious problem with the unaccompanied minor policies enacted in America when dealing with illegal immigrants. Even with new policies being implemented by INS, it is found that fewer than 1 percent of unaccompanied minors are actually granted any type of relief during their time in custody (Hernandez, 2011). Of children under the 18 who are detained without any type of custodial figure present, the law is still a bit muddied with ambiguity. It has been said that, “Once apprehended and charged with violating U.S. immigration laws, children enter a disjointed, labyrinthine system in which they may interact with numerous agencies within several federal government departments, as well as with a host of government contractors” (Ortega-Lison, 2007). During the time that they are detained, it is now quite likely that such minors will move around frequently, losing contact with any semblance of relationships that they may have gained while in the country, and come into contact with numerous individuals trying to look out for their own well-being. It is understandable, however, that these minor are distrustful, afraid, and do not truly understand what will happen to them. As more and more agencies crop up to assist the government in handling the care of such minors, the possibility of getting ‘lost’ in the system also becomes a stark reality (Rodriguez, 2009). In reality, this case applies to all illegal immigrants, but in practicality it particularly impact Latinos. With the proximity of the American and Mexican border, many juveniles find their way over the border on their own, either in search of family members, or to seek a better life for their family back home. While is it is possible for other ethnic groups to arrive in the United States unaccompanied, it is far less likely and common. As such, a majority of unaccompanied minors detained today are of Hispanic origin (Unaccompanied Juveniles in INS custody, 2011). The stories of why such individuals come to America are often heartbreaking, yet the reality is that America is struggling to find a system to adequately deal with them. While INS certainly realises that detention is not always the most effective option, it is also difficult to find various government or private agencies to deal with the increasing numbers of unaccompanied flowing into the country. In one recent year, for example, the number of illegal and unaccompanied minor immigrants being detained in the United States nearly tripled. This does not account for the number of those that were not caught (Unaccompanied Juveniles in INS custody, 2011). This demonstrates the gravity and seriousness of the issue. Consider Chicago alone. They see an average of 23,000 children a year passing through various agencies that have agreed to help facilitate and assist with the processing of unaccompanied minors. The goal is to move them from detention agencies to agencies that act as custodians as quickly as possible, but with such an influx of individuals to process, the time spent in holding facilities has been on the rise. In addition, the government is not well equipped in educating juveniles about the process of gaining legal status in the country, the importance of attending court hearings, and various other factors that are important in their eventual quest to be permitted to remain in America on a more permanent basis. The reality is that many unaccompanied minors successfully entering America has risked everything to get here. They have nobody to go back to, and they enter a legal system that is daunting and hard to navigate even for lawyers. It is realistic to expect that America must have set policies and procedures to deal with these individuals, but compassion and common sense needs to be built into the process as well. Thankfully, there are immigration lawyers specifically experienced in matters dealing with unaccompanied minors and can work to make the Flores v. Reno situation turn in their favor as they advocate on behalf of the juvenile clients. Recent attempts at legislation, such as the Dream Act, are revived efforts at dealing with minors under the age of 18 who find themselves in America illegally, either because of their own actions or those of others. It is important to put these policies and new pieces of legislation to action in terms of advocating for unaccompanied minors. Findings The the days of Flores v. Reno, and the accompanying changes to existing INS policies dealing with unaccompanied minors, various organizations have have come into existence specifically to assist those with illegal immigrant or refugee status. Consider the Heartland Alliance, based in the state of Illinois. They serve as many as 300 unaccompanied minors a year, most of whom have been detained by the new formed Department of Homeland Security. This minors do not have any known family ties within the area, so it is up to either the government, or agencies such as the Heartland Alliance and their International Children’s Center, to step in and facilitate the emotional and physical needs of the children. Agencies such as the Heartland Alliance work to provide housing, counseling, case management, and family reunification services without requiring the minors to be held in holding facilities pending government hearings. This is one of the benefits that have come over the years following Flores v. Reno. The facility itself, and others like it, are government licensed as a chid care institution. Some, like Heartland Alliance, specifically work with the Office of Refugee Resettlement in order to provide the best services possible to any unaccompanied immigrant child that comes into their fold. It is quite obvious to consider that, absent such agencies, the children and juveniles would simply be placed into the system, much like in the days of Flores v. Reno, until such time that their case can be heard in a court of law. It is simply unacceptable to continue doing so, so the reality is that more such agencies and organizations are desperately needed throughout the country. In order to provide an economic future for unaccompanied minors that are permitted to stay in the United States, the Heartland Alliance also provides educational and vocational training services to those that reside in their residential facility. This occurs throughout the country. If it is determined that it is not in the best interest of the immigrant to return to their homeland, either because their is not family that can be found or because they are truly a political or economic refugee, then agencies throughout America have pleaded with the government to allow them to work with such immigrants to help them find viable employment options moving forward. While it is certainly not ideal to have thousands of illegal immigrants residing within our borders without any noticeable form of family structure, it is even a less appealing option to simply return them to where they came from. Many would argue that to do so would certainly not be in keeping with the American spirit that has welcome immigrants for centuries. In order to make the current system work, research seems to indicate that it is imperative to get a solid social foundation laid for unaccompanied minors as quickly as possible. In many cases, this can involve finding distant relatives already in the United States, are a community of people from their own ethnic group that are willing to help provide needed emotional and economic support. This is the issue that bought Flores v. Reno to the forefront of the justice system in the first place. The INS provision that minors under the age of 18 should be be detained until they were either deported or otherwise deemed able to remain in the United States was deemed legal, but not preferable. Event the INS and Homeland Security acknowledged this, putting in the provision that, under certain circumstances, other interested parties could take custody of the minor until their case could be worked through the system. Moving forward, this system is much more preferable, as it affords children and adolescents the opportunity to receive an education and work on life skills that will hopefully enable them to lead a productive, free, and prosperous life within the borders of the United States. Conclusion The case of Flores v. Reno bought to light a most important issue in American society. Immigration has been a topic of heated debated now for quite some time. It is one thing, however, to understand why many would advocate stricter guidelines in dealing with adults will willingly choose to enter the United States unwillingly, but it is difficulty for society to truly embrace those same feelings when talking about those under the age of 18. Add into that mix the alarmingly high number (in the thousands) of unaccompanied minors flooding through the American borders every year, and it is easy to understand how many advocate groups became rightly frustrated, angry, and concerned over the treatment of Flores, and many others. The case highlighted the need for agencies and organizations to step up and be willing to facilitate the treatment and well being of illegal immigrant minors in America. Over the years, this has begun to take shape, but there is still much more work to be done. Hispanics are a particularly vulnerable part of this population due to the sheer numbers that are inside America now, receiving inadequate treatment, little to no access to an education, and few economic or employment options awaiting them upon entering adulthood. Naturally, it is not feasible to simply return them to their country of origin, because there are often no family members with which to reunite them with. In addition, American society would not be willing to accept the deportation of unaccompanied minors on a grand scale, unless it can be shown that is truly in the child’s best interest. There is renewed interest in this problem due to recent problems uncovered in the states of Arizona, California, Texas, and Pennsylvania. There are simply still too many cases of adolescents being subject to long detention times, with no access to the services described to this point in the report. It is important to continue the development of programs designed to help these young people succeed in life by providing them with the opportunity to become a part of a community the genuinely cares about their well being and one that is prepared to protect their interests as a whole. Moving forward, that is the best way to deal with this important issue. Works Cited Hernandez, David M. The Least of Three: Family Detention in America. Latino Studies 9.1 (2011): 160-162. Ortega-Lison, Ramona. Children Smuggled into the United States from Central American and China: A Case Study of the Unaccompanied Minors Shelter Care Program. Public Performance and Management Review 31.2 (2007): 288-302. Rodriguez, Tornds Joaquin. Latino Youth vs. United States Deportation Laws: A Cultural Consideration. Journal of Gender, Race and Justice 12.2 (2009): 439. Sharp Rise in Young, Unaccompanied Illegal Immigrants Test U.S. Retrieved from http://www.wbez.org/news/sharp-rise-young-unaccompanied-illegal-immigrants-test-us-107511 . Unaccompanied Juveniles in INS Custody. Report Number I-2001-009. 28 September, 2001. Read More