Children / Minors

Children / Minors

CMSOnAir | Jennifer Podkul on the Humanitarian Protection of Children

In this interview, Jennifer Podkul, the Vice President of Policy and Advocacy at Kids in Need of Defense (KIND), describes the United States’ recent history with respect to the humanitarian protection of children and offers an overview of the current situation at the US-Mexico border for child migrants. An international human rights lawyer and expert on child migration to the United States, Podkul recently testified before the House Committee on Homeland Security on the best practices for the care and protection of child migrants.

Podkul’s 2016 JMHS paper, “The Impact of Externalization of the Migration Controls on the Rights of Asylum Seekers and Other Migrants,” examined how the United States, Australia, and the European Union sought to prevent migrants and refugees from arriving at their borders to seek protection. One example presented in the paper is the Obama administration’s response to the increase in unaccompanied children in 2014. Podkul describes what has changed since the Obama administration with respect to the deterrence of child migrants and offers policy recommendations for the care and reception of child migrants.

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Real Needs, Not Fictitious Crises Account for the Situation at US-Mexico Border

The number of unaccompanied children and asylum-seekers crossing the US-Mexico border in search of protection has increased in recent weeks. The former president, his acolytes, and both extremist and mainstream media have characterized this situation as a “border crisis,” a self-inflicted wound by the Biden administration, and even a failure of US asylum policy. It is none of these things. Rather, it is a response to compounding pressures, most prominently the previous administration’s evisceration of US asylum and anti-trafficking policies and procedures, and the failure to address the conditions that are displacing residents of the Northern Triangle states of Central America (El Salvador, Guatemala, and Honduras), as well as Venezuela, Cuba, Haiti and other countries. In Central America, these conditions include:

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CMSONAIR | Staying Connected to Urban Students and Their Parents

Partnership Schools, a network of nine elementary and middle schools in urban areas of New York and Cleveland, is trying to stem the tide of Catholic school closings. Their network is taking a unique approach to funding, relying heavily on philanthropic support and keeping costs down, while maintaining high-quality education.

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The Italian Welfare League: A Century of Women Developing Community

Does something survive a hundred years by accident? In the cases of the Italian Welfare League, definitely not. The League’s papers, on deposit in the Center for Migration Studies archives, tells the story of generations of women who, while refashioning the League to meet the needs of their time, have also kept it in continuous operation for a century.

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A Study and Analysis of the Treatment of Mexican Unaccompanied Minors by Customs and Border Protection

The routine human rights abuses and due process violations of unaccompanied alien children (UAC) by US Customs and Border Protection (CBP) have contributed to a mounting humanitarian and legal crisis along the US–Mexico border. In the United States, the treatment of UAC is governed by laws, policies, and standards drawn from the Flores Settlement, the Trafficking Victims Protection Reauthorization Act (TVPRA), and CBP procedures and directives, which are intended to ensure UAC’s protection, well-being, and ability to pursue relief from removal, such as asylum. As nongovernmental organizations and human rights groups have documented, however, CBP has repeatedly violated these legal standards and policies, and subjected UAC to abuses and rights violations. This article draws from surveys of 97 recently deported Mexican UAC, which examine their experiences with US immigration authorities. The study finds that Mexican UAC are detained in subpar conditions, are routinely not screened for fear of return to their home countries or for human trafficking, and are not sufficiently informed about the deportation process. The article recommends that CBP should take immediate steps to improve the treatment of UAC, that CBP and other entities responsible for the care of UAC be monitored to ensure their compliance with US law and policy, and that Mexican UAC be afforded the same procedures and protection under the TVPRA as UAC from noncontiguous states.

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Not for Adults Only: Toward a Child’s Lens in Migration Policies in Asia

This is the first of three JMHS papers that will be released this month on implementation of different aspects of the Global Compact on Safe, Orderly and Regular Migration (GCM) and the Global Compact on Refugees (GCR). The papers have been produced by three think-tanks – the Scalabrini Migration Center (SMC) in Manila, covering the Asia-Pacific region, the Scalabrini Institute for Human Mobility in Africa (SIHMA) in Cape Town, and the Center for Migration Studies of New York (CMS) – that belong to the global network of Scalabrini Migration Study Centers (SMSC). This paper by SMC provides an overview of the challenges faced by children as migration actors. It considers the policy responses and programs that select countries in East, South, and Southeast Asia have developed to address children’s experiences and concerns in the context of the GCM and GCR. Many Asian countries have endorsed the Compacts, which set forth objectives, commitments, and actions informed by the principle of promoting the best interests of the child. They also call for states to promote universal birth registration, to enhance access to education, health and social services regardless of legal status, and to create inclusive and socially cohesive societies. Most countries in Asia have yet to meet these standards. Endorsing the two Compacts, however, was a first step. The good practices that have been implemented in a number of Asian countries, the paper argues, provide a template for how to translate the Compacts’ objectives into action and how to ensure that the full protection and best interests of migrant children, the left-behind children of migrant workers, and those who are part of multicultural families remain a priority.

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