Immigrant Children: Immigrant Children: Caught in the CrossfireCaught in the Crossfire

June 23, 2008June 23, 2008

Catholic CharitiesCatholic CharitiesArchdiocese of San Antonio, Inc.Archdiocese of San Antonio, Inc.

Unaccompanied Minors Pro Bono Unaccompanied Minors Pro Bono ProgramProgram

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StakeholdersStakeholders

Office of Refugee and Resettlement (ORR)Office of Refugee and Resettlement (ORR) Division of Unaccompanied Children Services (DUCS)Division of Unaccompanied Children Services (DUCS)

Border Patrol and Customs (CBP)Border Patrol and Customs (CBP)

Immigration Customs & Enforcement (ICE)Immigration Customs & Enforcement (ICE) Office of Detention and Removal Operations (DRO)Office of Detention and Removal Operations (DRO)

Department of Homeland Security (DHS)Department of Homeland Security (DHS) Trial AttorneysTrial Attorneys

Executive Office of Immigration Review (EOIR)Executive Office of Immigration Review (EOIR) Immigration CourtImmigration Court

ORR Shelter FacilitiesORR Shelter Facilities Shelter facilityShelter facility Staff-Secure facilityStaff-Secure facility Secure facilitySecure facility

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Unaccompanied Minors Unaccompanied Minors Pro Bono ProgramPro Bono Program

We are charged with:We are charged with:1. Conducting a legal orientation program 1. Conducting a legal orientation program for unaccompanied children in federal for unaccompanied children in federal custody.custody.

a. Inform them of the legal rightsa. Inform them of the legal rightsb. Orient them about the immigration b. Orient them about the immigration

Court Court systemsystemc. Screen for eligibility for a legal c. Screen for eligibility for a legal

remedy to remedy to remain in the U.S.remain in the U.S.2. Build 2. Build pro bono capacitypro bono capacity in our community in our community to increase legal representation before the to increase legal representation before the Executive Office of Immigration Review.Executive Office of Immigration Review.

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What is the difference between Federal What is the difference between Federal Custody and State Custody?Custody and State Custody?

Which system got involved with the Which system got involved with the child first?child first?

Border Patrol & Customs/Immigration Border Patrol & Customs/Immigration Customs & EnforcementCustoms & Enforcement

oror

Child Protective ServicesChild Protective Services

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Type of Issues found in Type of Issues found in Federal CustodyFederal Custody

Child may have been fleeing his/her country Child may have been fleeing his/her country for fear of persecution because of their race, for fear of persecution because of their race, religion, nationality, political opinion, or religion, nationality, political opinion, or membership in a social group.membership in a social group.

Child may a victim of abuse, abandonment, or Child may a victim of abuse, abandonment, or neglect by a parent, parents, or guardian.neglect by a parent, parents, or guardian.

Child may be a victim of a crime in the U.S.Child may be a victim of a crime in the U.S.

Child may be a victim of trafficking to the U.S.Child may be a victim of trafficking to the U.S.

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Interface with Interface with Child Protective Service AgenciesChild Protective Service Agencies

We need guidelines and better We need guidelines and better communication and interaction communication and interaction between Federal and State between Federal and State entities to ensure that these entities to ensure that these children do not fall through a children do not fall through a gap.gap.

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Areas of ConcernAreas of Concern

Soliciting and Ensuring Legal Soliciting and Ensuring Legal Representation for these childrenRepresentation for these children

Gaps between State/Federal Gaps between State/Federal GuidelinesGuidelines

Technical assistance for social Technical assistance for social service agencies and attorneysservice agencies and attorneys

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Contact InformationContact Information

Linda A. BrandmillerLinda A. BrandmillerDirector of Immigration ServicesDirector of Immigration Services

(210) 433-3256(210) 433-3256lbrandmiller@ccaosa.orglbrandmiller@ccaosa.org

Melissa MorenoMelissa MorenoUnaccompanied Minors Program CoordinatorUnaccompanied Minors Program Coordinator

(210) 433-3256(210) 433-3256mmoreno@ccaosa.orgmmoreno@ccaosa.org