Mission, History, and Principles

Mission
The mission of the Young Center for Immigrant Children’s Rights (formerly ICAP, the Immigrant Child Advocacy Project) is to promote the best interests - safety, permanency and well-being - of unaccompanied immigrant children according to the Convention on the Rights of the Child.

History
In 2004, the United States Department of Health & Human Services Office of Refugee Resettlement (ORR) provided seed funding to build a model project to provide guardians ad litem (Child Advocates) for unaccompanied immigrant children. Although civil and criminal courts routinely appoint guardians ad litem to represent the best interests of minors - and although the U.S. "best interests" model was the benchmark around which the international Convention on the Rights of the Child was crafted - U.S. immigration courts do not recognize immigrant children as distinct from adults nor consider their best interests when deciding whether to grant protection or order the child deported.

The Young Center for Immigrant Children's Rights developed a model through which Young Center attorneys, who have experience in immigration and child welfare law, recruit, train and supervise bilingual law and social work students as well as lay volunteers, who are assigned to serve as Child Advocates (guardians ad litem) for individual unaccompanied children.  Many of the students and volunteers are immigrants themselves, or the children of immigrants.

Informed by its work on behalf of individual children, the Young Center also advocates for policy change at the local and national level.  In March 2006, the Young Center was invited to join the legal clinic at the University of Chicago Law School as an independent project.

Background
When unaccompanied immigrant children are apprehended by immigration authorities, they are placed in removal proceedings before the Immigration Court. Unlike state child protection courts, which are designed to accommodate children, immigration proceedings are adversarial and require that children meet the same procedural, evidentiary and legal rules as adults. This despite the fact that children don’t have the same capacity to advocate for themselves and often don’t understand how their experiences relate to a possible application for asylum or other immigration protections. Indeed, many children have been told repeatedly by adults – family or traffickers – to keep their stories secret.

In the domestic child protection context, state juvenile court judges must consider the best interests of the child before rendering a decision. Traditional guardians ad litem (friends of the child) are appointed by the judge to look out for the child’s best interests. Ideally, immigration judges would be required to take the child’s best interests into consideration in deciding whether a child should return to her country of origin or be granted asylum or other protection.

International standards set forth in the Convention on the Rights of the Child and guidelines promulgated by the United Nations High Commissioner for Refugees (UNHCR) have long declared that children deprived of their families should have the special protection and assistance of guardians. Yet until now, few countries have taken affirmative steps to establish such programs. Even the former Immigration & Naturalization Service called for assignment of guardians for unaccompanied children: “It is generally in the best interest of the child to allow a trusted adult to attend an asylum interview with the child asylum applicant. A trusted adult is a person who may bridge the gap between the child’s culture and the U.S. asylum system.”

To read the University of Chicago Alumni Article.

 

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Guiding Principles of the
Young Center for Immigrant Children's Rights

In all actions concerning children, the best interests of the child shall be a primary consideration. United Nations Convention on the Rights of the Child (CRC) Art. 3(1)

The views and wishes of unaccompanied children must be sought and taken into account whenever decisions affecting them are to be made, in accordance with their age and maturity. CRC Art. 12(1)

Decisions that are made regarding unaccompanied children should take account of the long-term interests and welfare of the child whenever possible. CRC Art. 3 (1), Art. 22(1), Art. 22(2)

An unaccompanied child may need a guardian to advocate for the child’s interests. UNHCR Guidelines on Protection and Care, Chapter 10 (1994)

Every child has the right to such protection and care as is necessary for his or her well-being. CRC Art. 3(2)

States shall take appropriate measures to ensure that a child who is seeking refugee status receives appropriate protection and humanitarian assistance in the enjoyment of applicable rights. CRC Art. 22(1)

Family reunion should be the first priority for the child. UNHCR Guidelines on Protection and Care, Chapter 10 (1994)

Children deprived of their families are entitled to special protection and assistance provided by the State. CRC Art. 20(1)

The importance of the traditional and cultural values of each people for the protection and harmonious development of the child must be taken into account. CRC Preamble

Unaccompanied children must be provided with accessible information about, for example, their entitlements, services available, the asylum process, family tracing and the situation in their country of origin. CRC Art 23

Care must be taken not to disclose information about an unaccompanied immigrant child that could endanger the child or the child’s family members in his or her home country. UNHCR Guidelines on Protection and Care (1994)

The permission of unaccompanied children must be sought in an age-appropriate manner before sensitive information is disclosed to other organizations or individuals. CRC Art. 16.

Organizations, government departments and professionals involved in providing services to unaccompanied children must cooperate to ensure that the welfare and rights of unaccompanied children are enhanced and protected. CRC Art. 22(2), point B7

The [Department of Homeland Security and Office of Refugee Resettlement] shall treat all minors in its custody with dignity, respect and special concern for their particular vulnerability as minors. Flores v. Reno Stipulated Settlement Agreement, No CV 85-4544-RJK (Px) (C.D. Cal. Jan. 17, 1997)

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