minors

Subscribe to minors

Last week, Proskauer — along with co-counsel Democracy Forward, and the Catholic Legal Immigration Network, Inc. — filed a complaint on behalf of seven asylum seekers, their minor children and the legal services organization RAICES in the U.S. District Court for the District of Columbia, claiming that several current immigration directives impede access to counsel for asylum seekers fleeing persecution.

A credible fear interview is the first critical step for immigrants claiming asylum who have been placed in expedited removal proceedings.  Accordingly, an asylum seeker’s case for refuge in the United States turns on the effective presentation of their asylum claim at this important interview.

The asylum directives challenged in this lawsuit impact procedures designed to ensure that asylum seekers understand their rights and have the opportunity to adequately consult with counsel prior to their credible fear interview.  Specifically, the directives:

Yesterday, 23 law professors represented by Proskauer were granted permission to participate as amici curiae in a class action lawsuit contesting a recent U.S. Citizenship and Immigration Services (USCIS) policy change affecting minors in New York who seek Special Immigrant Juvenile Status (SIJS).  This policy change has resulted in SIJS denials for immigrant children who would otherwise qualify for SIJS based on well-established state and federal law.

SIJS is a form of immigration relief that provides unmarried children under age 21 with a path to citizenship if they can provide a determination from a state juvenile court that they are dependent on the court or are committed by the court to the custody of a State entity or an individual; that reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law; and that it is not in their “best interest” to return to their country of origin.