Toolkit - Immigration and Juvenile Justice PDF

8/4/2019 Toolkit - Immigration and Juvenile Justice PDF

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Migration and Refugee Services

Office of Special Programs/Childrens Services

Safe PassagesFAMILY REUNIFICATION Toolkit Immigration & Juvenile Justice Page 1

Safe PassagesFAMILY REUNIFICATION

TOOLKIT SERIES

Helping Minors and

their SponsorsUnderstand

Juvenile Justice and

ImmigrationJuly 2011Dinandrea Vega, LICSW

& Jessi Pore, MSW

A Juvenile Justice and Immigration-themed Toolkit:FAQs, Visual Tools, Terms You Should Know& Minor-Sponsor Handouts


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CONTENTS

________________________________________________________________

I. Introduction3

II. About the Juvenile Justice and Immigration Toolkit 5

III. Acknowledgements 5

III. FAQs6

IV. Juvenile Justice & Immigration Dynamics12

V. Terms You Should Know13

VI. Works Cited/Consulted17

VII. Additional Resources17

VIII. SPONSOR-MINOR HANDOUT USER GUIDE18

X. Appendix A: SPONSOR-MINOR HANDOUT: Juvenile Justice & Immigration Cartoon (English)

XI. Appendix B: SPONSOR-MINOR HANDOUT: Juvenile Justice & Immigration Cartoon (Spanish)


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ABOUT USCCB/MRS________________________________________________________________

Who We AreSince the National Catholic Welfare Conference (USCCBs predecessor) was foundedin 1920, the National Catholic Church has assisted immigrants and refugees in theirresettlement within the U.S. The United States Conference of Catholic Bishops Department of Migration and Refugee Services (USCCB/MRS) is a leader among non-governmental agencies in addressing the needs of children and families separated bymigration.

USCCB/MRS works with a broad network of Catholic and non-Catholic agencies toassist refugee and undocumented children who have been separated from adultrelatives. USCCB/MRS supports these minors in safely joining their families once in theU.S. and providing post release follow-up services in their communities through ourSafe Passages Program.

Who We ServeThe Safe Passages II, Family Reunification program serves undocumented childrendetained by the Department of Homeland Security and placed in the custody of theOffice of Refugee Resettlement/Division of Unaccompanied Childrens Services(ORR/DUCS). Some minors in the program have been detained while entering theU.S., and others have been placed into custody after living in the U.S. for several years.

What We DoThe USCCB/MRS Unaccompanied Alien Children or Safe Passages program began in1994 and is currently funded by the Division of Unaccompanied Childrens Services(DUCS) of the Office of Refugee Resettlement (ORR). The program provides for therelease and family reunification or long-term foster care of unaccompanied,undocumented children who have been apprehended by immigration officials.


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INTRODUCTION________________________________________________________________

The Safe Passages IIprogram provides an alternative to detention and supports family

reunification whenever possible. Safe Passages provides pre-release home study andpost-release services for children intending to be released/released to sponsors in theU.S. and its territories through a national network of over 100 established partneragencies. The program provides continuous guidance and technical assistance at thenational level to local providers for up to 175 cases at anytime nationwide.

USCCB/MRS has established successful partnerships with social service and legalorganizations to implement its program. USCCB/MRS continually outreaches to newproviders to expand geographic coverage, train new and existing sub-recipients,monitor cases and programs for compliance and respond to emergent needs. Allservices provided through USCCB/MRS are consistent with Catholic Social Teaching.

A Gift of the United States

The Safe PassagesFAMILY REUNIFICATION Toolkit Series was developedas a stand-alone, technical guidance resource for local social service case

workers within USCCBs network of providers. Each individually-themed toolkitis designed to specifically address difficult-to-manage themes and frequently-

occurring issues and case scenarios.

TheToolkit Series is supported by the United States federal governmentsOffice of Refugee Resettlement, Administration for Children and Families,

Department of Health and Human Services, Grant No. 90ZU0065/01&90ZU0056/01. Any views expressed in The Toolkit Series resources are

those of the authors and do not necessarily represent views held by the Officeof Refugee Resettlement.

Material in this document may be reproduced and publicly distributed only for

purposes of criticism, comment, news reporting, teaching, scholarship or

research, or any use which falls within the definition of fair use set forth in federal

copyright law (17 U.S.C. 107), but any such use must attach USCCBs copyright

notice and link towww.usccb.org, but no distribution by sale, rental or any other

exchange for anything of value is permitted.

For more information about The Safe PassagesFAMILY REUNIFICATIONToolkit Series, please contact USCCBs Family Reunification Program at:

[email protected]
http://www.usccb.org/http://www.usccb.org/http://www.usccb.org/mailto:[email protected]:[email protected]:[email protected]://www.usccb.org/


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ABOUT The Juvenile Justice and Immigration TOOLKIT________________________________________________________________

The Juvenile Justice and Immigration Toolkitprovides practical guidance to case

workers working with minors and their families as they navigate some of the morefrequently-occurring issues and concerns that arise when minors are concurrentlyinvolved in the Juvenile Justice and Immigration systems.

Our case outcomes and findings have shown that this population of minors is anincredibly resilient group. We want to ensure that this resilience continues to bepositively enabled by effective guidance and technical support.

The followingmaterial in this toolkit will assist you in being better equipped to managethe often difficult-to-discuss, themes, issues and scenarios that arise in these minorscases. This toolkit will assist you in sorting out the legal terms, professional jargon and

some of the dynamics that accompany these cases.

ACKNOWLEDGEMENTS________________________________________________________________

The authors of The Juvenile Justice and Immigration Toolkitare grateful for theassistance of many staff within USCCB/MRS who contributed to technical advising,consulting, editing and support: Jaime Duckett, Rebecca Trego, Hilary Chester, BethEnglander, Nathalie Lummert, Kathryn Kuennen, Laura Gardner and Jacquelin Zubko.


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FAQs________________________________________________________________What is the most important thing I should be doing on these cases? (Page 7)

What kinds of safety precautions should I take with juvenile justice-relatedcases? (Page 7)

How much interaction should I have with the minors probation officer? (Page 8)

What are some of the discrepancies between immigration and conditions ofprobation/probation requirements? (Page 8)

What should I do if I see indications that the minor continues to be involved ingang activity or other forms of delinquency? (Page 9)

What if the minor is rearrested? (Page 10)

What if the sponsor decides they no longer wish to care for the minor? (Page 10)

What should be done if the minor goes to live somewhere else? (Page 11)

How might a juvenile delinquency history impact a minors chances forimmigration relief in the future? (Page 11)


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The minor is basically under amicroscope until their

immigration case is finalized itis in the minors best interest torefrain from any behaviors or

activities that would drawnegative attention to them

What is the most important thing I should be doing on these cases?As soon as it is reasonably possible, begin to impress upon both the minor and thesponsor that the Family Reunification Program is a special program servingundocumented minors who arrive in the U.S. Ensure that they understand that this

program was offered to them with the understanding that theywould abide by the conditions set forth by the Office of

Refugee Resettlements (ORR) Division ofUnaccompanied Childrens Services (DUCS). In

short, the minor is 1) expected to get along withhis sponsor and other family/householdmembers, 2) attend school and 3) refrain fromany illegal activity and abide by any courtorders.

The minor is basically under a microscope until their

immigration case is finalized and depending on theoutcome of their case, perhaps longer. The minor and the

sponsor should both know that it is in the minors best interest to refrain from anybehaviors or activities that would draw negative attention to them, or encourage anysuch attention from law enforcement officials. Negative, illegal behaviors couldultimately result in a minor being arrested and/or detained/incarcerated. This could lateradversely impact their immigration proceeding outcomes.

What kinds of safety precautions should I take with juvenile justice-relatedcases?

During the family reunification process, all of the adults in the home are required tocomplete criminal background checks. In most cases, USCCB has this information priorto the first home visit, and will provide this information to the local worker. Thisinformation will be used to identify and address issues early on, including local workerssafety. There may; however, be circumstances that will allow for the first home visit tooccur pending completion of criminal background check(s).

If during a home visit, there is another adult in the home that was not listed in theoriginal referral, then the worker should ask who the adult is and what their role, if any,will be in caring for the minor. If in any way, you feel unsafe or threatened during aninterview, please use your own judgment, leave as soon as you can and inform your

Childrens Service Specialist (CSS) as soon as possible.


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When the sponsor or the caseworker [...] updates the PO, itcan make the minor believethat he/she is not the mostimportant person in his/her

own life situation.

...support the minor in finding away to remain compliant with theterms and conditions of their

probation by becoming engagedin structured and productive

activitieswithout compromisingtheir special status

How much interaction should I have with theminors probation officer?Your interaction with a minors probationofficer (PO) is case-specific. If the minor

has been following their conditions ofprobation without any issues, it may belikely that your direct involvement andcommunication with the PO may beminimal or none at all. However, minorswho fail to comply with their conditions ofprobation may need more support in abiding bythese conditions, as well as encouragement toinitiate their own contact with their PO.

Whenever possible, its most appropriate for the minor to be the one to both contact and

follow-up with their probation officer on their own. This arrangement is less taxing onthe sponsor and the provider agency and has the added benefit of making the minormore accountable. This is something that you want to promote and encourage as theirservice provider and specifically in juvenile justice-related cases.

When the sponsor or the caseworker is the one who updates the PO on what the minoris doing, it can make the minor believe that he/she is notthe most important person inhis/her own life situation. This is something you want to work to avoid because it isdisempowering.

Adolescents are especially ego-centric. They need to believe that they are most

important and what they do really matters and has an impact. When this is in seriousdoubt, an adolescent with an already questionable sense of self and an added traumahistory can easily become apathetic and reckless in regard to their thoughts, ideas andultimately their behavior. Allowing them to take as much responsibility as is reasonablypossible for their situation feeds this desire and need.

What are some of the discrepancies between immigration and conditions ofprobation/probation requirements?

Sometimes a minors conditions of probation maydictate that the minor be involved in commercial

work activities; however, according toimmigration statutes, minors who are in theU.S. under the Family Reunification programare in open immigration proceedings andare not legally able to work without a specificpermit to do so. It is important, that the minor

and the sponsor understand this in order forthem, in conjunction with you, the local provider,

to be able to educate the PO in this regard.


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It would be important to discuss with the PO other alternatives to employment for theminor. The goal here is to support the minor in finding a way to remain compliant withthe terms and conditions of their probation by becoming engaged in structured and

productive activities (beyond school) without compromisingtheir special status under the Family Reunification Program. Activities such asvolunteering or finding placement in an internship may satisfy this requirement.

What should I do if I see indications that the minor continues to be involved ingang activity or other forms of delinquency?If you observe any behaviors or actions that seem to show that the minor may still beinvolved in markedly negative or criminal behavior, work to address your concernsdirectly with both the minor and the minors sponsor. Often we do not like to addressissues that may generate unease or tension or those that we feel may be premature;however, addressing problematic behaviors early on often does much to prevent more

difficult situations later.

It would be important to ensure that both the minor and the sponsor understand that theFamily Reunification program is one that was specially-designed to prevent minors fromhaving to remain in federal custody and in traditional detention facilities or group homes.

The Family Reunification program allows minors to avoid the safety hazards andunpleasantness of residing in detached, impersonal facilities without their families or thecomfort and support of being with members of their own cultural and ethnic group whilethey continue with their immigration proceedings.

Entering the Family Reunification program affords minors unique conditions andprotections, including the ability for minors to be with their families in the communitywhile their immigration cases are still pending. Taking part in The Family ReunificationProgram is a special opportunity that should be fully understood, appreciated andprotected. Although the program allows minors to remain in the country and offerssupport services to minors and their families, it is not permanent, nor is it a form ofimmigration relief that grants the legal right to remain in the U.S. indefinitely.

Review with the minor and his/her family the possible consequences of continuing thenegative behaviors. These can be, but are not limited to 1) receiving a warrant for theirarrest due to violation of their conditions of probation;

2) being detained and transferred back to federal custody only to begin the process offamily reunification or removal proceedings all over again and/or 3) making a cycle ofthe process of delinquency, detention and reunification while under age, but eventuallybeing turned over to the standard (non-juvenile) Immigration and Customs Enforcement(ICE) detention/incarceration system after age 18.In this case, they will have less of achance of achieving permanent status due to now having an expanded criminal historyand having reached the age of majority (18).


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If the minor is re-arrested andtransferred to DUCS/federal

custody, it is possible forrelease to be denied a second

time...the minor [could] be

removed to his country oforigin.

...remind the sponsor of theirresponsibility, and that he/she

knowingly and voluntarilysigned a document with theUnited States governmentagreeing to sponsor the

minor.

What if the minor is rearrested?As mentioned previously, a minor can be detained and possibly return to federalcustody, and have the whole family reunification process start over again. Family

reunification and release from custody is also not guaranteed. If the minor is re-arrested and transferred to DUCS/federalcustody, it is possible for release to bedenied a second time. This can resultin the minor being removed to his country oforigin.

There have been cases where theminor is detained by the juvenile courtfor a short period of time afterto complete a previous detainment

that was not fully served. Inthese cases, the minor is returned totheir family after completing theirdetention adjudication. In either case, itwould be important to consult with yourChildrens Services Specialist (CSS) to discuss theneeds of the case and whether services should continue as they were, or intensify, or ifit would be best for the case to be closed.

What if the sponsor decides they no longer wish to care for the minor?

Please remind the sponsor of their responsibility, and that he/she knowingly andvoluntarily signed a document with the United States

government agreeing to sponsor the minor. Ifnecessary, review the Roles and

Responsibilities of Sponsorship with thesponsor. Such cases have occurred,especially when the sponsor is not abiological parent.

If the sponsor abandons the minor, askshim/her to leave the home, or places him/her

in the home of another person, notify your CSSimmediately and follow your agencies and/or state

guidance/protocols regarding mandatory reporting to childwelfare authorities. If the minor is in another persons home and the localprovider/USCCB is able to continue services to the minor, this should be done. If theminor moves a significant distance, and it is no longer reasonable for the original localcase worker to provide services, continue to work with your CSS, as USCCB continuesto findanother local service provider.


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...allphysical/geographical

moves by the minor should bereported. Unauthorized moves

of this type can, in and ofthemselves, be cause for failing

to comply with conditions ofprobation.

What should be done if the minor goes to livesomewhere else?If a minor moves to another location (with orwithout with the sponsor), you should

notify your CSS as soon as possible.You should also inform the minor andthe sponsor of the importance for minorto notify his/her PO, as any and allphysical/geographical moves by theminor should be reported. Unauthorizedmoves of this type can, in and ofthemselves, be cause for failing to complywith conditions of probation, which can result in awarrant and an arrest of the minor.

Upon being notified, if necessary, the PO and juvenile court may need to submit atransfer request for probation services on behalf of the minor. This is especially so if theminor moves to a new county or state. The minor and the sponsor shouldunderstand that a state does not have to accept a request for transfer.

If a request for transfer is rejected, the minor could be ordered to return to the state oforigin and/or receive other law enforcement-related consequences. If a request isapproved, a Change of Address (COA) will need to be completed by the sponsor andsubmitted to Immigration and Customs Enforcement (ICE) and a petition for a Changeof Venue (COV) will need to be presented to immigration court in order to continue theimmigration case in the minors new jurisdiction. Your CSS can guide you through

these procedures.

If the minor is interested in returning to their country of origin, you should inform yourCSS of this as well. The sponsor should be advised to consult with his/her immigrationattorney on how to proceed with this request. If there is no attorney, the sponsor cancontact their local consular office for guidance.

How might a juvenile delinquency history impact a minors chances forimmigration relief in the future?This question should be directed towards the minors immigration attorney. Providinglegal counsel/advice is beyond the scope of services that your Childrens Services

Specialist (CSS), or that you, as a provider, can offer. Neither the local provider, norUSCCB can ever offer such advice, or ever guarantee any sort of immigration relief.

A documented delinquency history does not always have a seriously adverse effect onthe minors immigration case. This is especially so if the minor has a strong case forrelief. Outcomes are case-specific. As previously stated, only the minors attorney canlegally advise the minor and assist him or her in preparing a legal course of action.


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IMMIGRATION AND JUVENILE JUSTICE DYNAMICS________________________________________________________________Flowchart adapted from: Policy Brief Building Bridges to Benefit Youth National Collaboration for Youth & National Juvenile Justice Network

Youth: Guide for Advocates and Service Providers Policy Brief No. 2, November 2006

Referred to ICE

(may remain

in juvenile facilities

with ICE notice)

ORR Locates

Potential Sponsor

TERMS YOU SHOULD KNOW

Arrested in

immigration sweeps,

or for violating U.S.

Immigration Law

INTERIOR APPREHENSIONS (ICE)

Referred to ICE by

Local Officials as

Undocumented

Housed in ICE Facilities for up to 72 Hours

Arrested

For an

Offense

JUVENILE/DEPENDENCY COURT

Housed in

Foster

Care/Juvenile

Residential

Facility

Discovered After

Parent/Guardian Death or

in Neglect/Abuse Case

Placed w/Relative or in

Foster Home/Group

Juvenile Residential

FacilityPENDING PROCEEDINGS

Unaccompanied

Release into

custody of

sponsor if

available2

May apply

for SJIS or

other Visas

under court

jurisdiction4

Reunify with

family here

or REMOVED

to Country of

Origin

Accompanied

Housed in DRO

or Family Shelter,

if available1

Unaccompanied

Placed in ORR

Facility3

In the U.S.

Legally: Apply to

adjust

immigration

status

EXECUTIVE OFFICE FORIMMIGRATION REVIEW

(Immigration Court)

CHART TERMS

CIS: Citizen and Immigration Services DRO: Detention and Removal Office ICE: Immigration and Customs Enforcement ORR: Office of Refugee Resettlement

SJIS: Special Immigrant Juvenile Status

CHART NOTES1. The Detention and Removal Office (DRO) at Immigration and Customs enforcement attempts to keep families together by finding available space in a family shelter

However, on occasion, such as when criminal charges are filed against the parent or bed space is not available, the juvenile is separated from the adult relative and

is treated as unaccompanied juvenile under Office of Refugee Resettlement (ORR)s jurisdiction.

2. ICE or ORR will run fingerprint and criminal checks on potential sponsors to make sure that sponsors can provide proper care for the children.3. As of October 2004, ORR oversaw 41 facilities (group homes. Shelters, etc.) nationwide, with a total dedicated capacity of approximately 920 beds. The facilities

provide housing with differing levels of security restrictions. The average time in 2003 for a child in ORR custody was 45 days. It had 6,200 unaccompanied youth

custody in 2004. Three percent of the children were placed in secure detention centers.

4. Special Immigrant Juvenile Status is for children under the juvenile court jurisdiction and unable to reunify with family to apply for legal permanent residence.

Other visa options for undocumented immigrant children include: Violence Against Women Act (for children abused by a U.S. citizen or permanent resident

parent); Family Visas (for children with a U.S. citizen family member); U Visas (for victims of serious crimes who are helpful to the criminal investigation); T Visas

(for victims of severe trafficking); Family Unity (for children of persons who obtained resident status through special amnesty programs of the late 1980s); Asylum

(for children who fear prosecution in their home country); Temporary Protected Status (for children from countries that have experienced unstable circumstances)

Granted asylum or Visa by CIS or

allowed to withdraw application

Removal Proceedings by ICE


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________________________________________________________________

Accompanied Youth: A youth who is with a parent, legal guardian, or other immediateadult relative.

Adjudication: The hearing at which a judge hears witnesses, receives evidence, andmakes a finding about whether the youth was involved in the offense.

Adjustment of Immigration Status: The procedure allowing children already in theU.S. to apply for a different immigrant status. Children admitted to the U.S. in a non-immigrant or refugee category may have their status changed to that of lawfulpermanent resident if eligible

Asylum/Refugee: The protection provided by the U.S. to children found to be unableor unwilling to return to their country of nationality because of persecution or a well-

founded fear of persecution. Asylees/refugees are eligible to adjust to lawful permanentresident status after one year of continuous presence in the U.S.

After Care: Juvenile aftercare is similar to adult parole. After care is the period afterout-of-home placement. It is when a minor is still under the jurisdiction of the juvenilecourt system. A minor on aftercare is generally supervised and may have severalrequirements that he or she must meet (e.g., attending school, staying away fromdelinquent peers).

Cancellation of Removal: A discretionary benefit adjusting status from that ofremovable, undocumented youth to one lawfully admitted for a permanent residence.

Application for cancellation of removal is made during the hearing before an immigrationjudge.

Change of Venue: The transfer of a case from a court in one location or jurisdiction toa court in another, or from one court to another in the same judicial district. Change ofvenue often takes place for reasons of fairness, or for the convenience of the parties orof the witness(es).

Conditions of Probation: When the Courts impose probation or community control asa sanction, the probationer is bound by agreeing to, and in most cases signing, anactual, specific list of items called standard conditions of probation. The list includes

things that the probationer has agreed that he will or will not do during the course of hisprobation time. Some of the standard conditions of probation are as follows:

Report to probation as directedPermit probation officers to visit him or her at his or her home or schoolRemain within a specified geographic areaNot associate with persons engaged in a criminal actSubmit to random drug testing


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Often the courts impose additional special conditions of probation. These specialconditions of probation often depend on what the criminal charge is and typically includeone or more of the following:

Community service hoursDrug treatment (residential or out-patient)Anger management class

Violating any of these standard conditions or special conditions of probation iscommonly called a "technical violation" and will most often result in a violation ofprobation being filed and the probationer getting arrested on a no-bond warrant.

Removal (formerly, deportation): The formal removal of children from the U.S. whenthey are found removable for violating immigration laws. This may be based ongrounds or inadmissibility or removability. Removal is ordered by an immigration judge.

Removal functions are managed by ICE.

Detainment: Immigration detention is the policy of holding individuals suspected ofvisa violations, illegal entry or unauthorized arrival, and those subject to removal andremoval in detention until a decision is made by immigration authorities to grant a visaand release them into the community, or to repatriate them to their country of departure.

Detention Hearing: At a detention hearing, the judge must decide whether to continuedetaining the minor or whether the law violation can be safely and effectively resolved ifthe minor goes home in the meantime. The judge may decide to release the minor fromdetention and monitor his or her actions through an alternative form of supervision, such

as electronically monitored home detention or community-based detention.

Delinquent Offense: An offense, which if committed by an adult, would constitute acrime under the laws of that jurisdiction.

Disposition: This term can be used to refer to how a case is resolved. However,within juvenile justice, the term is used to refer to a courts sanctions placed on a minorthat was found to be involved in a delinquent offense.

Diversion: A process that may take place at the arrest, intake, prosecutorial, or courtlevel. It refers to the minors movement out of the system, avoiding further penetration

into the juvenile justice system. It may or may not include referrals for treatment and itmay or may not have requirements for treatment associated with the process.

Guardian ad Litem: Can be either an attorney or a volunteer, appointed by the court toprotect the rights and advocate for the best interests of a minor involved in courtproceedings.


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Inadmissible: Children seeking admission to the U.S., but who do not meet the criteriafor admission. These minors may be placed in removal proceedings or, under certaincircumstances, allowed to withdraw their application for admission.

Incarceration: Refers to the courts commitment of a minor to a secure, community-based or juvenile correctional facility.

Intake: When minors are deemed to be engaging in a delinquent or illegal offense, theyare referred to and processed through a courts juvenile intake unit. This unit isresponsible for screening and investigating the referral, determining best the method ofhandling the offense and sometimes making additional referrals to other agencies whenappropriate. The process may involve an interview with the minor, the minorscaretakers, school personnel, other agencies (if involved) and the referring person.

Lawful Permanent Resident: Any person, who is not a citizen of the U.S., but who is

residing in the U.S. with legal recognition.

Port of Entry: Any location in the U.S. or its territories that is designated as a point ofentry for non-U.S. and U.S. citizens. All district offices where immigrants adjust theirimmigration status are also considered ports of entry.

Removal Proceedings: Removal hearings are conducted to determine whether certainaliens are subject to removal from the country. The distinction between exclusion andremoval proceedings has been eliminated, and aliens subject to removal from theUnited States are now all placed in removal proceedings. Thus, the removal proceedingis now generally the sole procedure for determining whether an alien is inadmissible,

removable, or eligible for relief from removal.

The Department of Homeland Security (DHS), which absorbed the functions of theImmigration and Naturalization Service (INS), is responsible for commencing a removalproceeding. If the DHS alleges a violation of immigration laws, it has the discretion to"serve" the alien with a charging document, known as a Notice to Appear. Thisdocument orders the individual to appear before an Immigration Judge, and advises himor her of, among other things:

Nature of the proceedings against the individual;Individual's alleged acts that violated the law;Individual's decision of whether or not to retain an attorney; andConsequences of failing to appear at scheduled hearings.

Removal proceedings generally require an Immigration Judge to make two findings: (1)a determination of the alien's removability from the United States, and (2) whether thealien is eligible for a form of relief from removal.


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Special Immigrant Juvenile Status (SIJS): A permanent status designation forchildren under the juvenile court jurisdiction and unable to reunify with family to apply forlegal permanent residence.

Transfer Request: Initiates the process for transferring a juvenile probation case inbetween cities, counties, or states in the U.S. The process is usually started bycontacting the minors probation officer and requesting the transfer. Interstate transferrequests go through a process of Interstate Compact. During the process the stateholding the probation order contacts the state where the minor intends to transfer andprovides them with the necessary information about the minor, their case and progressmade on the minors probation. The receiving state is not obligated to accept therequest and may therefore accept it or reject it. Usually, the most important factors inthe decision to either accept or reject a transfer request are 1) nature of the offense more serious offenses may be less likely to be accepted and 2) how successful theminor has been on his/her probation up until the time of the transfer request if the

minor has complied with his conditions of probation, they have a better chance ofhaving their transfer request received more favorably.

Unaccompanied Youth: A child, who has no lawful status in the United States, hasnot attained 18 years of age; has no parent or legal caretaker in the U.S. and/or has noparent or legal caretaker available to them in the U.S. to provide physical custody andcare for their well-being.

Voluntary Departure: Departure from the U.S. without an order of removal. Thedeparture may or may not have been preceded by a hearing before an immigration

judge. This type of departure admits that the minor was removable by way of a removal

order, but does not necessarily bar the minor from seeking admission at a port of entryat some time in the future in the same way that an order of removal may do.

Warrant (Arrest): An arrest warrant is a legal document, often issued by a court of law,by and on behalf of the state, which authorizes the arrest and detention of an individual.


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WORKS CITED/CONSULTED________________________________________________________________

Building Bridges to Benefit Youth - Undocumented Immigrant Youth:

Guide for Advocates and Service ProvidersPolicy Brief No. 2, November 2006www.gcir.org/system/files/ImmigrationBrief.pdf

National Council of La RazaLatino Youth, Immigration, and the Juvenile Justice SystemMarlene Sallo, (March 26, 2011)Issue: Juvenile Justice, Juvenile JusticePublication Type: Fact Sheetwww.nclr.org/images/uploads/publications/Latino_Youth_Immigration_and_the_Juvenile_Justice_System.pdf

The Intersection of Juvenile Justice and

Considerations for Legal Professionals, Probation Officers, andSocial Service Providers(PowerPoint Presentation)The United States Conference of Catholic Bishops/MRSChildrens Services andCatholic Legal Immigration Network, Inc.Rebecca Trego, MSWSarah Bronstein, Esq.Matias Robles, MSW

USCCB/MRS Family Reunification ProgramWebinar: Juvenile Justice Part IIJaime Duckett, MSWLucy Brigman-Caceres, MSW

FOR MORE INFORMATION ON JUVENILE JUSTICEAND IMMIGRATION

________________________________________________________________

Bridging Refugee Youth and Childrens Services -Caseworkers Toolkiton Special Immigrant Juvenile Statushttp://www.brycs.org/SIJS

Catholic Legal Immigration Network Online Trainingshttp://cliniclegal.org/

Catholic Legal Immigration Network - National Pro Bono Project for Childrenhttp://cliniclegal.org/pro-kids

Immigrant Justice Networkwww.immigrantjusticenetwork.org

Livingin the U.S.: A Guide for Immigrant Youth KYR Guide in English & Spanish(under Immigrant Youthtab)www.ilrc.org
http://www.gcir.org/system/files/ImmigrationBrief.pdfhttp://www.gcir.org/system/files/ImmigrationBrief.pdfhttp://www.nclr.org/images/uploads/publications/Latino_Youth_Immigration_and_the_J%09uvenile_Justice_System.pdfhttp://www.nclr.org/images/uploads/publications/Latino_Youth_Immigration_and_the_J%09uvenile_Justice_System.pdfhttp://www.nclr.org/images/uploads/publications/Latino_Youth_Immigration_and_the_J%09uvenile_Justice_System.pdfhttp://www.brycs.org/SIJShttp://www.brycs.org/SIJShttp://cliniclegal.org/http://cliniclegal.org/http://cliniclegal.org/pro-kidshttp://cliniclegal.org/pro-kidshttp://www.immigrantjusticenetwork.org/http://www.immigrantjusticenetwork.org/http://www.ilrc.org/http://www.ilrc.org/http://www.ilrc.org/http://www.immigrantjusticenetwork.org/http://cliniclegal.org/pro-kidshttp://cliniclegal.org/http://www.brycs.org/SIJShttp://www.nclr.org/images/uploads/publications/Latino_Youth_Immigration_and_the_J%09uvenile_Justice_System.pdfhttp://www.nclr.org/images/uploads/publications/Latino_Youth_Immigration_and_the_J%09uvenile_Justice_System.pdfhttp://www.gcir.org/system/files/ImmigrationBrief.pdf


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Safe Passages FAMILY REUNIFICATION Toolkit Immigration & Juvenile Justice Page 18

Sponsor-Minor Handout USER GUIDE________________________________________________________________

Sponsor-Minor Handouts in the Safe Passages Family Reunification Toolkit Series areclient-friendly resources designed to facilitate difficult conversations. By using thesecartoons and their humor, local providers can broach subjects that are often difficult todiscuss.

The cartoon in this toolkit lends a humorous bend to the otherwise lofty subject ofMental Health and Substance Abuseas it relates to minors and sponsors in theFamily Reunification program. Humor, directness and a little bit of cynicism is the wayof many of todays youth. The authors of the toolkit series have designed the cartoonswith this idea in mind.

The cartoons are not stand-alone didactic materials or self-help tutorials. They areintended to be presented by a local provider during a home or office visit. The cartoonsare designed to assist in establishing rapport, enabling conversations and plantingseeds of thought in the mind of a minor and/or sponsor. For this to happen, the localprovider will need to engage the family and utilize the other sections of this toolkit assupport.

Through full conversations, providers can help families understand the larger issues andideas behind the scenes depicted in the cartoons and included in the whole of thistoolkit.

Documents

Toolkit - Immigration and Juvenile Justice PDF