By
Andrew Malekoff
In a recent story in the Albany Times Union, reporter Mallory
Moench paints a different picture about juvenile asylum seekers as compared to
recent stories about caravans purportedly composed of gang members and Middle Eastern
terrorists.
In the report we meet Rosa,
who left El Salvador as a young adolescent after being targeted by a gang intending
to prostitute her. To prevent becoming sexually exploited, she left her parents
and crossed the border. She has been living in the Capital Region of New York
for the past two years.
Rosa, now 17, is undocumented
and is seeking special immigrant juvenile status that would enable her to apply
for a green card which permits a foreign national to live and work permanently
in the U.S.
Rosa understands that she
could be denied and deported. More than 12,500 undocumented young people have
participated in immigration court this year alone. For those without a lawyer,
the odds of deportation are much greater.
According to the Albany Times Union report, “If juveniles
[under the age of 21] have a relative who is a U.S. citizen or green card
holder, they can apply for a family-based petition. If they are victims of
trafficking, domestic violence or another crime they can apply for crime victim
visas. If they’re fleeing persecution like Rosa, they can apply for asylum. If
they’re missing one or more parents they’re eligible for special immigrant
juvenile status.”
Attorney General Jeff
Sessions has taken measures to fast track deportations. Consequently, many
juveniles may be sent back to their homelands—and the dangers and threats that
await them—before legal proceedings are implemented.
Many of the young people
living in New York’s Capital Region, ages 12 to 19, came from El Salvador,
Guatemala, Honduras or Mexico after being confronted with gang violence. The
profile and numbers of refugees on Long Island is similar. It is ironic that with
the incendiary political rhetoric of the day, many asylum seekers have been
labeled gang members, when it is gangs that they are trying to escape from.
Many young migrants endured
trauma in their passage to the U.S. They faced starvation, violence and
abandonment.
There are only two
immigration courts in all of New York. One is located in New York City and the
other is in Buffalo. For many asylum seekers, the cost for transportation to
court hearings prevents them from following through. For example, for those
living in the Capital Region, a bus ride can be as much as $100 and more than
$500 for private transportation. This is especially daunting when they are
living in poverty.
Furthermore, there is a cap
on the number of visas given each year and also each month. This contributes to
inordinate delays in court.
For most of these juveniles
the fear and anxiety of being deported as they await a final legal
determination can be unbearable and impacts their ability to heal from the
traumatic journey to the U.S.
Immigration laws do need to
be enforced as open borders with endless flow of refugees is unsustainable.
The challenge is how to
enforce the law, dial down the divisive and hateful rhetoric, demonstrate
compassion and seek humane solutions for young migrants simply looking to live
without fear. We’ve strayed from that ideal.
I hope we can find our way back.
Bio: Andrew Malekoff is the
Executive Director of North Shore Child & Family Guidance Center, which
provides comprehensive mental health services for children from birth through
24 and their families. To find out more, visit www.northshorechildguidance.org.
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