CHILDREN AT THE BORDER: A HUMANITARIAN CRISIS
About The Crisis
From October 2013 to July 2014, the United States Department of Homeland Security apprehended roughly 62,998 Unaccompanied Children (children under the age of 18 who entered the United States without legal status, and without a parent or legal guardian) at the Southwest Border of the United States, a 100% increase from the previous Fiscal Year. Most of these children are escaping violence and poverty in the Central American countries of El Salvador, Guatemala, and Honduras, which currently has the highest homicide rate in the world. Within 72 hours of being apprehended by Border Patrol agents, these children are relocated to refugee shelters, which are already struggling to respond to this influx, where they await immigration proceedings. Due to the unexpected surge, many children are placed in holding cells for longer than 72 hours, where they continue to endure harsh treatment and unsanitary conditions. Current law does not grant legal representation to UACs, forcing many of these children to appear alone before an Immigration Judge or asylum officer during the immigration proceedings. On June 2, 2014, President Obama described this crisis as an “urgent humanitarian situation,” and ordered various federal agencies to work together to address the situation.
How We Are Responding
East Bay Sanctuary Covenant has the largest affirmative asylum program in the country — we represent over 500 asylum applicants a year–and as part of that we have always represented minors, pro bono, but only a few every year. Due to our experience in asylum, a number of Bay Area agencies, including Legal Services for Children and the Oakland Unified School District, have asked for our assistance with the current crisis. At the request of the Zellerbach Family Foundation, we are committed to working on 5 to 6 UAC cases monthly. However, we have observed an increase in the number of minors, Unaccompanied and Accompanied, seeking our services over the past month. Since June, we have accepted over 99 UAC asylum cases, and we continue to screen minors seeking asylum on a daily basis. Alternatively, some of these minors are eligible for Special Immigrant Juvenile Status (SIJS), a program designed to grant legal status to abandoned, abused, or neglected children. In other instances, EBSC is assisting the parents of these children with their asylum applications, as a way to provide legal status to the UAC. We are also participating in round-table discussions with Bay Area organizations, including Legal Services for Children, Lawyers’ Committee for Civil Rights, Catholic Charities, Community Legal Services of East Palo Alto, Centro Legal de la Raza, and the Center for Gender & Refugee Studies at UC Hastings, as well as private attorneys, to coordinate an organized community response to the crisis.
If You Are Seeking Assistance For An Unaccompanied Child
Please contact Staff Attorney, Caroline Kornfield or call our office at 510-540-5296.
How To Support Our Work
We would like to expand our capacity, and have assigned 2 staff attorneys and 1 volunteer to work on SIJS cases , as well as a dedicated Staff Attorney and a Fellow to work on UAC asylum cases. Our staff is working on UAC cases in addition to already full caseloads. The Fellow’s funding ran out at the end of August. With additional funds to keep the Fellow, we believe that we can represent 75-100 minors in asylum. We will need $95,000 to support a full-time attorney and a full-time paralegal for one year. We are actively seeking ways to increase our capacity and welcome any and all ideas and donations. We are accepting individual donations online or by mail. If you are a religious organization or a foundation looking to make a contribution, please contact EBSC’s Executive Director, Sister Maureen Duignan.
EBSC’s Refugee Rights Director, Michael Smith’s blog post
Staff Attorney, Caroline Kornfield’s blog post for the Emerson Collective
Our very own ESBC staff Michael Smith Honored by His Holiness the Dalai Lama!
On February 23rd 2014, His Holiness the Dalai Lama honored Michael Smith as an “Unsung Hero of Compassion” for his work with the East Bay Sanctuary Covenant. The award, presented to 50 individuals from around the world, recognizes outstanding leadership and commitment to compassionate work. East Bay Sanctuary Covenant congratulates Michael Smith on this notable achievement. A webcast of the event and Michael Smith’s story are available.
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Attention DREAM Act Beneficiaries:
The Department of Homeland Security has announced Deferred Action for certain DREAM Act Beneficiaries in the United States. Deferred Action is not permanent status. It does, however, allow you to receive Employment Authorization for a two year period. We do not know what will happen at the end of this two year period.
East Bay Sanctuary is helping those who want to sign up for Deferred Action – email Shiori for an appointment!
Never Apply For Deferred Action Without The Help Of An Immigration Attorney or BIA Accredited Organization. Deferred action carries risks should your case be denied. Only an Immigration Attorney or BIA Accredited Representation, such as ours, will be able to explain these risks and evaluate your case in light of these risks.
Start Gathering Records Now: Start requesting your transcripts from every school you have attended. Gather proof that you have lived in the United States for the last 5 years. Proof includes: rent receipts, utility bills, school transcripts, employment pay stubs, and tax returns amongst other records. You must prove that you have lived in the United States for the last 5 years.
In addition, people with criminal convictions may not want to apply for deferred action.People with DUI convictions will have their deferred action requests denied and may end up in Removal Proceedings.