We talk about unaccompanied minors, but not about their future

It is well known that the US has faced a surge in illegal border crossings since late 2020, but mostly since the beginning of 2021. This means that the number of undocumented immigrants apprehended by border forces is increasing exponentially month by month. In fact, CBP (Customs and Border Protection) reported more than 170,000 border encounters in March, April and May, and June figures are about to be released.

Regarding apprehended immigrants, CBP usually divides them into three main groups, family units, single adults and unaccompanied minors. Now, irregular migration has always been a controversial issue, but the American public’s attention is currently strongly focused on the situation related to unaccompanied immigrant minors.

This is because, unlike the Trump administration, the Biden administration is not deporting unaccompanied minors in the midst of the health crisis. Other than that, since the number of children arriving in the US unaccompanied has increased considerably, the current government does not always have the resources to meet the needs of these minors, which sparks a gigantic social controversy.

It is quite common to talk about unaccompanied minors. However, one rarely knows what happens to them and how many of them are legally admitted to the US through the political asylum program.

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Factors influencing the approval rate of asylum applications for minors

Recent research by Government Executive reveals that there are multiple influential factors when immigration judges decide to approve or deny unaccompanied minor asylum requests.

First of all, it is important to explain that immigration judges, unlike federal judges, are usually appointed by the Attorney General. Second of all, the Attorney General belongs to a specific administration, which means that he/she most likely chooses immigration judges (when vacancies are available) according to his/her political ideals and ideological leanings, which may vary among the existing political parties.

Returning to the research subject, Government Executive analyzed political asylum cases of about 10,000 minors between October 2013 and September 2017, and reveals that immigration judges are influenced by several factors when granting asylum to children, which clearly also includes political pressure.

For instance, some of the factors that can influence immigration judges include “judicial ideology, political party of the appointing president and whether the decision was made before or during the Trump administration.”

Adding to that, the research found that:

• Immigration judges allowed 6,972 unaccompanied minors to stay in the US between 2013 and 2017, but approved only 327 asylum applications. The rest of the cases were either administratively closed or dismissed.
• Liberal judges tend to approve more political asylum applications than conservative judges.
• When it comes to political parties, immigration judges who lean toward Republican ideals tend to reject more political asylum applications than judges who lean toward Democratic ideals.
• Under the Obama administration, immigration judges approved more minor asylum applications than under the Trump administration.

Avoid precarious situations and follow expert advice!

If you, a family member, or a friend need help with an immigration case, please contact Motion Law today to schedule a FREE Consultation with one of our expert immigration attorneys. Our team will be happy to guide you through your immigration journey in the US.

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