The 34-member Council of the Boston Bar Association voted unanimously to
endorse ABA Resolution 301, which supports protections for unaccompanied
immigrant minors, particularly those meriting Special Immigrant Juvenile Status
(SIJ) as a result of being abused, abandoned, or neglected.
The Resolution supports the preservation and development of policies that
protect due process and other safeguards for immigrant and asylum-seeking
children, especially those who have entered the United States without a parent
or legal guardian. It further calls on Congress and the Administration to:
• Ensure that children held by Customs and Border Protection are not
subject to expedited removal or any other truncated process;
• Increase
the annual number of SIJ visas allotted to qualified applicants;
and
• Prohibit status from being revoked or rescinded unless there has
been an affirmative finding of fraud or misrepresentation
Finally, the resolution urges federal, state, local and territorial
governments to expand efforts to provide legal information and legal
representation for unaccompanied immigrant and asylum-seeking children in
removal proceedings.
“It is important to lend our voice to this resolution and encourage
protection of unaccompanied minors,” said BBA President Carol Starkey. “These
children are among our most vulnerable people. It is not unreasonable to say
that preserving their due process rights and expanding access to legal
representation could, quite literally, save their lives.”
The BBA has taken prior positions supporting related
immigration issues in Massachusetts. In July 2014, the Council endorsed a bill
to clarify that the state’s Probate and Family Court jurisdiction extends to
cases of immigrant youths between the ages of 18 and 21 who might otherwise be
eligible for SIJ status. And in 2015, a BBA amicus brief in Recinos v. Escobar
successfully argued that the Probate and Family Court already has equity
jurisdiction over youths aged 18 to 21 who need the court to make the findings
requisite for SIJ status.