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Solution of NRI Children Legal Needs to Avoid Detention In US

The Trump administration sticks to its 'zero tolerance' policy over undocumented immigration to the US. Its every single move is proving a fear factor for the non-residents of India, especially. Now, its cruelty is before all with the detention of the immigrant children.

Immigrant Children Arrested in the US:

The Immigration and Customs Enforcement (ICE) has come into action. Although whatever it is doing that is absolutely legal yet, it cannot be taken for granted. It has started thrusting NRI parents and other sponsors who take care of unaccompanied immigrant children into the jail. Now, it's the time to re-define the NRI legal needs. The immigration policies should have some leniency for such undocumented sponsors.

Children in Trauma:
The ICE explicitly reported the sensational news of 41 sponsors' arrest. Their only offense was to live in the US without official permission of the USCIS. These detentions have been turned on for two and half months. In all, it configures its 70 percent, according to an online news publisher (the hill). Indian diaspora is seeking legal assistance from the NRI's matter experts. It has resulted in an exponential rise in the online inquiries for the legal aide on the services2nri.com. It is asking for the attorneys and government officials to help.

Cause of Detention:
The report spotlights that around 80 percent of sponsors have not officially documented the sponsorship. Resultantly, their undocumented sponsorship wasn't deemed by the US immigration authority during the fiscal year 2017. It compelled ICE to put an additional 33, 998 children annually behind the bar. The Health and Human Services (HHS) and Customs Border Patrol (CBP) publicized data regarding sponsorship placement. It shockingly dropped from 100 percent in the fiscal 2017 to only 70 percent in just 11 months in the fiscal 2018. In other words, nearly 1,236 children are forced to live in confinement. Now, the innocent children have to be sentenced for a long period. On the flip side, their expense would be driven from the pocket of the US taxpayers. Instead of enduring such a big loss, the care takers/sponsors should be allowed to live a little longer there to take care of the immigrant children.

Congress Remarks:
The Congress has come into action. It strongly condemned and talked about the NRIs legal needs. It has immediately announced that it won't hesitate to step up and support the Bipartisan Bill in the House of Representatives. This bill might play a crucial role in navigating those children across this immigration crisis. If it's passed, the targeting to the sponsors would be considered illegal.

What has caused prolonged lockup of the undocumented NRI children?

The Department of Homeland Security (DHS) and HHS inked a treaty on April 18, 2018 for the office of Refugee Resettlement (ORR). The agreement directed to transfer fingerprints and other information on sponsors and other members to the ICE. This process took 59 days to take place.

Meantime, the children stayed in the jail. However, the ORR has not shared with the sponsors that it has signed any treaty with the ICE. Perhaps, if it publicly announces, a lot of sponsors will not give a single thought to sponsor them. They will be aware of the fact that their sponsorship can sentence them, or perhaps, they might be deported. If they will be sent back to their native country, they won't be able to help the immigrant children.

As a repercussion, the condition of the children would be worse. ORR is facing problems. It has already multiplied beddings in the last year from 6,500 to 13,000. However, it received $1.3 annually to detain the immigrant children. But, it is an additional burden upon the US government. The estimated figure points it four times more.

Alternatives to Locate Immigrant Children:
Nobody has clues over what happens to the children when their sponsors/parents were sentenced.

Possibly, the US government can provide these two solutions to the legal needs of the immigrants:
1. It should re-admit children into the confinement unless their sponsors/parents are probed or located.

2. The ORR should continue keeping the children into its custody while taking care of their needs, if they don't get any sponsors.

Both these alternatives will lead to progression in the count of immigrant children. Consequently, it is more likely that the tent cities, like Tornillo, will expand around the country. Besides, the chances of child trafficking or child-abuses would be more prominent. If so happens, it would be an explicit breaching of the William Wilberforce Trafficking Victims Protection Reauthorization Act. Apart from these NRIs legal solutions, the US administration can opt out another option. It implicates that the detained children should not be re-detained. Rather, they should be left with someone who may or may not be probed by the US immigration authority under the amended screening policy.

Violation of Flores Settlement Agreement and International treaties:

1. Infringement of Flores Settlement Agreement:

Amid current lockups of the non-resident children, the US administration is clearly infringing the Flores Settlement Agreement. It mandates children's arrest in the least restrictive settings. Also, it states that they should not be kept behind bars for more than 20 days. Thereby, the current policy is directly violating this agreement by keeping those children in the custody for more than 20 days.

2. Infringement of the International Treaties:

This custodial confinement of the undocumented immigrant children violates the human rights of children and their families life along with personal integrity. This breaking of law is a showcase of foul play of domestic and international laws. What the American Academy of Pediatrics says is that the on-going child-abuses will cause trauma in the detained and separated children. In the nutshell, the immigrant children don't have an access to the facility that provides a government-appointed lawyer. So, they see silver lining in the faces of the sponsors and their parents. Only these two helps can seek out legal counsel for them. It will ensure the safeguarding of their legal rights, education and medicinal requirements. So, the administration should simply halt captivating sponsors. Rather, it should try to build trust in the immigration society. Thereby, the sponsoring community would ensure the appearance of the children for the court hearing.

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