21846: (Hermantin) Miami-Herald-Protect the welfare of immigrant children (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: leonie hermantin <lhermantin@hotmail.com>

Posted on Wed, May. 12, 2004




Protect the welfare of immigrant children

OUR OPINION: SPEED THE RELEASE OF UNACCOMPANIED HAITIAN MINORS


Kenier Tima, a 17-year-old Haitian, has spent 15 months in immigration
limbo, including nine months in a New Orleans adult prison that he describes
as ''hell.'' Today he still sits at the Boystown youth shelter in South
Dade, watching other children leave as he awaits release to an aunt in Fort
Lauderdale.

This isn't what Congress envisioned last year when it passed legislation
designed to protect the welfare of unaccompanied children in immigration
custody. The legislation charged child-welfare experts in the Office of
Refugee Resettlement with caring for these vulnerable children. Yet it
doesn't appear to be working, particularly for Haitian minors.

He's a minor

Kenier first fell victim to the Department of Homeland Security's reliance
on questionable science. After fleeing Haiti by boat, Kenier, then 16,
arrived here in February 2003. DHS soon determined that he was an adult,
based on dental X-rays, and sent him to the New Orleans prison.

In December, advocates took Kenier's case to federal court. The doctor who
examined his bone X-rays testified that these tests show skeletal
development, which varies upward of 2 ½ years higher or lower than
chronological age for 17-year-olds -- based on standards for white males
from Cleveland. Craig Robinson, a DHS detention and removal director,
testified that forensic tests of Kenier's birth certificate, which said he
turned 17 in October, showed it was genuine. Only then did DHS interview
family members and decide that Kenier was a minor. He then was transferred
back to Boystown.

U.S. policy favors releasing unaccompanied children to custodians. Yet it is
taking an inordinate amount of time and paperwork to get Kenier released to
the aunt who wants to sponsor him. Lisa Frydman, an immigration lawyer
representing Kenier and other Boystown children, says Haitians wait four to
six months to be released versus two to four months for children of other
nationalities. Whether the DHS Office of International Affairs or the Office
of Refugee Resettlement is causing the delay makes no difference to Kenier.

In his case, there were unreasonable demands for documents from Haiti, a
country without a functioning government. When a death certificate for his
mother couldn't be obtained, relatives offered sworn statements. More proof
that they attended her funeral was demanded. Then last week, came more
questions about Kenier's grandmother, who isn't even his sponsor.

Determining age

An agreement last month between DHS and ORR notes the fundamental principles
for treating children like Kenier ''with dignity, respect and special
concern for their particular vulnerabilities as children.'' The reality
remains otherwise.

This is why ORR must cut through the bureaucratic morass to assert the best
interests of the children. It's also why Congress needs to approve the
bipartisan Unaccompanied Alien Child Protection Act of 2003 (S 1129/HR
3361), which would make ORR the clear authority on determining age and a
child's access to state court and a special juvenile visa. The Senate
Judiciary Committee, scheduled to discuss this bill on Thursday, should
approve its passage.

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