The Children's Corner

• Publication year: 2016
• Pages: 34
• Citation: Vol. 42 No. 2 Pg. 34

THE CHILDREN'S CORNER Vol. 42 No. 2 Pg. 34 Vermont Bar Journal Summer, 2016

Looking Out for Immigrant Children: What State Court Judges, Family Law Attorneys, and Child Advocates Should Know About Special Immigrant Juvenile Status

Erin Jacobsen, Esq., J.

Approximately one-quarter of children in the U.S. are children of foreign-born parents.^[1] In Vermont, the percentage is smaller, approximately 6%—or about 7,000 children total—but if current immigration and population trends continue, that number will continue to rise.^[2] Of course, these statistics matter little to the individual child, for whom the stakes can be incredibly high. Many immigrant children, especially recent arrivals, are fleeing violence, torture, or abuse in their countries of origin. Once in the U.S., achieving permanent legal status is paramount to their survival. One of the chief ways abused immigrant children can legalize their status, and thereby find safety and stability, is through the Special Immigrant Juvenile (SIJ) program. It is therefore crucial that those working with juveniles understand the SIJ program and how to identify eligible youth.

WHO ARE "SPECIAL IMMIGRANT JUVENILES?" - TWO CASE STUDIES:^[3]

Roberto

At the age of 14, Roberto's father tried to force him to join his violent drug-trafficking gang in Mexico. Roberto resisted, and for this, his father beat him severely. When Roberto's mother tried to intervene, she too was beaten. Roberto's father swore that if Roberto did not join the gang, both Roberto and his mother would be killed. Roberto and his mother decided to flee to the United States. They snuck across the Rio Grande, but were apprehended at the border. After being held in immigration detention for several weeks, they were released and made their way to Vermont to join Roberto's uncle working on a farm. After living in Vermont for a couple of years, Roberto, now 16, wants to figure out if he can get his green card so he can stay in the U.S. and go to college.

Fatou

Fatou, age 15, came to the United Sates from Mali to visit her aunt and cousins for the summer. As the end of her trip neared, she begged her aunt to let her stay, because upon her return home, she would be forced to enter into an arranged marriage. Fatou explained to her aunt that she just wanted to stay in school and eventually go to college. She had never met the man she was to marry. She only knew that he had paid a steep price for her and that he was 40 years her...