CLINIC, together with 10 other nonprofit organizations that serve immigrant children, filed an amicus brief with the Ninth Circuit in defense of critical protections for minors detained by the federal government pending their immigration proceedings.

An immigration judge may issue an in absentia removal order if the Department of Homeland Security establishes by clear, unequivocal and convincing evidence that the respondent had written notice of the hearing and is removable as charged on the Notice to Appear. There are many reasons why a respondent may fail to appear at a removal hearing, including lack of notice of the hearing, sickness, a breakdown in transportation, limited or no English knowledge, or because the respondent is a child without the help of a responsible adult who can assist them in getting to the hearing.

CLINIC has asked SIJ experts in MD and NY to draft affidavits describing in detail their respective state laws expanding state “juvenile” court jurisdiction from 18 to the age of 20. Advocates should use these affidavits in a creative manner including submission to USCIS in response to Requests for Further Evidence (RFE) or to Immigration Judge to request release from custody. As SIJ-eligible unaccompanied minors face hurdles to release following the February 21, 2017 DHS Border Security Memo, advocates should also consider using these affidavits for those under 18 years of age.