2024 Theses Master's

Centering the Child’s Best Interest: Promoting the Right to Representation and Participation for Unaccompanied Migrants in U.S. Immigration Courts

Shin, Jean

The protection of unaccompanied migrant children stands as a critical concern amidst U.S. immigration policy and practice. This research delves into the realization of the right to representation and participation for unaccompanied migrants during juvenile immigration proceedings. In doing so, it reimagines the way that the United States can uphold the best interests of unaccompanied migrants, as outlined by the Convention on the Rights of the Child. Observations of 35 unaccompanied children, family, and adult immigration hearings were conducted at the New York Federal Plaza Immigration Court to understand the availability and accessibility of counsel, the relationship between having counsel and the type of relief sought after, and the discrepancies in information provided during juvenile and adult proceedings.

The study found a lack of available and accessible legal counsel, with roughly 46 percent of hearings conducted without representation. It also noted a strong correlation between access to legal representation and the legal avenues pursued by migrant children, with those represented more likely to pursue remedies like the Special Immigrant Juveniles (SIJ) status. Lastly, the study found that unaccompanied migrant children are not informed about their legal rights and options during juvenile proceedings, unlike during adult hearings. These findings underscore the need for comprehensive reforms to ensure that the right to representation and participation are realized for unaccompanied migrant children in juvenile immigration proceedings.