Immigrant minors and border forces

The Immigration and Customs Enforcement (ICE) is the federal agency in charge of protecting the US’ borders and detaining undocumented immigrants, including unaccompanied minors.

On many occasions, immigrant minors arrive at the country’s borders, without their relatives, to request political asylum or international protection through other humanitarian programs.

The US law has a very solid structure when it comes to children, mainly because they are usually victims of abuse, domestic violence, human trafficking, kidnapping, inter alia. Therefore, local law states that immigrant minors cannot be detained by border forces such as ICE for more than 72 hours, but must be transferred to the Office of Refugee Resettlement (ORR), which belongs to the US’ Department of Health & Human Services (HHS).

They remain in the custody of the ORR until they receive a response to their immigration applications and a local judge decides whether they are admissible into the country or not.

Do you need help with an immigration case? Motion Law’s team has vast experience and can guide you through your immigration journey in the US.

ICE recently went through a gigantic controversy

ICE has been embroiled in a gigantic controversy since the arrival of the global Coronavirus pandemic, mainly because deportations have accelerated and protocols established by local law are not fully followed during the health crisis.

In fact, ICE recently faced multiple legal processes for keeping immigrant minors in hotels, on many occasions for more than 72 hours, before deporting them in the midst of the pandemic, without giving them the opportunity to request international protection.

The Trump administration ensures that it is following the recommendation of the Centers for Disease Control and Prevention (CDC) and that is the reason why express deportations are allowed during the current juncture.

However, the fact that ICE is not allowing unaccompanied immigrant minors to stay in the US, amid an unprecedent global crisis, caught the attention of hundreds of activists, who claim that the Trump administration is violating human rights under the premise of a health emergency.

ICE no longer keeps children in hotels, but they are still deported

Due to the great controversy, unaccompanied immigrant minors and immigrant families are no longer detained in hotels since September 11, 2020. However, they can still face deportation proceedings during the health crisis, without having the opportunity to appeal their cases.

In fact, a Customs and Border Protection (CBP) official recently stated that “The CDC order allows for everyone to be amenable to expulsion (…) Anyone can be infected with COVID.”

Therefore, the growing disagreement among immigrant rights advocates still continues since the problem does not lie in the fact that minors are taken to hotels, but rather that they do not have the opportunity to request international protection when they need it.

Do you need to stay up to date with the latest immigration news? Our Blog section is what you are looking for.

Contact Motion Law for your immigration case

Despite the situation at the borders during the health crisis, the US immigration system offers a wide range of alternatives that you can use to apply for a legal residence permit.

The best recommendation will always be for you to follow the advice of experts and avoid precarious situations for you and your family.

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.