The Children's Stories

Pseudonyms have been used to protect the children's identities.

 

1. In some cases, the Advocate is asked to identify the reasons why a child was brought here and what, if anything, he or she has to return to.

Nabil was 16 years old when he arrived as a stowaway from North Africa and was apprehended by U.S. immigration authorities. When first interviewed by the authorities, Nabil stated that he could return safely to his home country. When later interviewed by staff at the children's shelter, he persisted in denying that he had a fear of returning back to his country. After several visits with Nabil, the assigned Advocate, an immigrant from the same home country who spoke the native dialect, discovered Nabil lived in the streets because he was rejected by his family. In addition, he suffered from almost daily torment by the police. Nabil said he didn't want to talk about his experiences because he feared being imprisioned for criticizing the government if he was deported. Nabil was afraid to talk to the shelter staff and his assigned attorney because they did not speak his language and he generally was distrustful of other adults. The Advocate encouraged Nabil to tell his story to his attorney and this story was paramount for the purpose of applying for immigration relief. Nabil received another “credible fear” interview, which his Advocate attended with him. The immigration authorities determined that Nabil had a credible fear of returning to his home country. Nabil received pro bono counsel through the National Immigrant Justice Center in Chicago. The Advocate served as a critical member of his legal team, helping research child abandonment in North Africa, helping Nabil articulate to his counsel the suffering he experienced, and helping counsel understand the cultural dynamics and Nabil's concerns with his immigration case. Nabil was granted immigration relief in March 2006.
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2. The Advocate accompanies the child to Immigration Court and ensures the child’s participation in the proceedings.

Ming Xia, a diminutive girl from China, was 17 when she arrived at the ICC. Despite her chronological age, she was developmentally like a young girl of 10 or 11 years old. There was a suspicion that Ming Xia’s private attorney was working for her trafficker; the International Children's Center in Chicago received repeated phone calls from an attorney purporting to represent Ming, but the attorney did not have her A number, had never spoken to her and provided a sponsor’s name that Ming did not recognize. The Advocate spent time with Ming explaining the role of an attorney and the option of choosing to be represented by a pro bono attorney. Ming requested a pro bono attorney through the National Immigrant Justice Center. The Advocate put Ming’s story in context for the pro bono attorney, helped prepare Ming for her asylum hearing and accompanied her to court. The Immigration Judge was very aggressive and the Advocate, who sat by Ming’s side, helped her maintain her composure throughout the grueling afternoon. The judge granted relief and Ming is now living with a foster family and attending high school, safe from the traffickers.
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3. The Advocate ensures the child has legal representation.

In some cases, private attorneys say they are representing detained children, yet the attorneys have no intention of providing legal representation beyond securing the child’s release from detention. The Advocate ensures the attorney is actually representing the child and if not, educates the child about the option of choosing a different attorney.

When he arrived at the International Children’s Center in Chicago, it was clear to his case manager that Xie Min, a 16-year-old boy from China, had a mental disability. When an Advocate was assigned, she learned that while living in foster care in Seattle, Xie had been required to participate in his asylum hearing pro se and without any adult to accompany him. The Advocate obtained a transcript of the immigration proceeding in which the boy had given nonsensical answers to the government attorney’s questions; nevertheless, the Immigration Judge proceeded with the hearing and denied relief. The Advocate contacted the attorney of record who had filed a notice of appeal. The attorney told her that his only goal had been to get the boy released from custody and that he had no plans to prepare an appellate brief, which was due the next day. The Advocate contacted the National Immigrant Justice Center which found pro bono counsel to prepare and file a motion to reopen with the BIA, which motion was granted and the case has since been remanded to the Immigration Court. The Advocate has continued to be involved with Xie; she calls Xie regularly and facilitates communication with his pro bono attorney who will represent him in his new hearing before the Immigration Court.
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4. The Advocate provides critical advice to attorneys regarding the child’s best interests.

Child Advocates provide critical advice to attorneys regarding children’s best interests, particularly for younger children. The Advocates also help the children understand their situation and work with their attorneys to counsel them on the best long-term decision.

Susana and Ramon Lopez were 8- and 10-year-old siblings taken into custody at the U.S.-Mexico border. The children had traveled with a smuggler from Honduras to be reunited with their parents who were living in the United States. The Advocate spent a significant amount of time with the children, getting to know them and learning about their lives in Honduras. While in Honduras, the children had been abused by their relatives who beat them and refused to allow Susana to attend school. While at the shelter, the children persistently asked to be returned to Honduras—Honduras was all they knew. The Advocate wrote a letter detailing the children’s history, citing relevant provisions of the Convention on the Rights of the Child to support the attorneys’ request that they be released to their undocumented parents in the United States. The Advocate also helped the children remain patient so that they could be reunited with their parents. The request was ultimately granted and the children are being represented by pro bono attorneys in their new community.
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5. After children are released, the Advocate ensures they continue to receive services such as legal representation.

When children are released from custody to live with family members, the Child Advocate plays a significant role in ensuring that they continue to receive services such as legal representation. If the children need help after they are released, the Advocates are available to step in and provide assistance and appropriate referrals.

Young Zheng was 14 years old when his parents sent him from China to the United States. He was first detained for a year at a facility that was closed due to abysmal conditions. He was then transferred to Chicago, where he was assigned a Child Advocate who spent time with him and urged his release. Six months later, Young was released to live with his uncle in Akron, Ohio. Young had been represented by a private attorney who refused his calls, and, typical of the inadequate representation provided by some private attorneys, filed scanty pleadings and declined oral argument before the Third Circuit. While living in Akron, Young was a model student (he got straight As) who dutifully reported to immigration authorities once a month. When DHS suddenly attempted to deport Young in April 2005, the attorney proclaimed it was too late to prevent his removal (while simultaneously complaining that he hadn’t been paid). Young feared that if he were deported, he would be subject to torture by the Chinese government and that the traffickers would harm him. The traffickers had already threatened retribution against his family if they did not repay the smuggling fee of $60,000. Young’s father had renounced him and warned him not to return to China. The Advocate worked furiously behind the scenes to enlist pro bono attorneys to represent Young’s team of pro bono attorneys at Fulbright & Jaworski in Houston. The attorneys filed new pleadings, ensuring Young was not deported to China, but safe and able to pursue his dreams of becoming a mathematician in the United States. TOP