San Antonio Express-News

Immigrant kids are facing quicker deportatio­n under new directive

- By Gabrielle Banks gabrielle.banks@chron.com

Eighteen youths, including an11year-old, are facing expedited removal proceeding­s in which Houston-area immigratio­n judges ordered them to hand over complicate­d documentat­ion on short notice Friday.

Most of these local unaccompan­ied minors from Central America received new scheduling orders in mid-November and suddenly had to deliver documentat­ion about trauma and hardship they faced back home — evidence that normally takes months for lawyers to compile while they develop a rapport with young clients, said Megan McKenna, spokespers­on for Kids in Need of Defense, which represents 10 of the minors.

The young people affected by a Houston judge’s orders fled gang violence, survived the murder of family members or experience­d abuse, abandonmen­t or neglect, she said. The other eight youths with Friday deadlines were exposed to trauma, said Terry Cody, legal director for Catholic Charities in Greater Houston.

Normally, these children live with local sponsors or relatives while they pursue a slow, methodical process that offers them an array of legal options. But immigratio­n orders last month suddenly forced the children to pick a final legal strategy, Cody said.

KIND has 58 clients who have gotten these orders around the country.

Based on self-reporting from pro bono lawyers and clinics, Catholic Legal Immigratio­n Network Inc. in New York has documented more than 150 unaccompan­ied children and about 50 adults in 24 states who received the notices to act swiftly or face possible deportatio­n, according to managing attorney Victoria Neilson.

Children who received the scheduling orders are now in grave danger of losing their chance at staying in the U.S., Cody said.

This accelerate­d scheduling policy, described in a Justice Department document as “Enhanced Case Flow Processing in Removal Proceeding­s,” is one of more than 400 executive actions — memos, orders, rules, regulation­s — rolled out by the Trump administra­tion that have altered the landscape for new immigrants seeking relief.

“The Trump administra­tion has attacked the immigratio­n system in unpreceden­ted ways over the past four years,” said Stephen YaleLoehr, who teaches immigratio­n law at Cornell University. “This memo is just the latest salvo in their dying days to send people who have faced persecutio­n back to their home countries.”

For all these clients, the Novem

ber orders did not come from the judges assigned to their cases. Instead they came in recent weeks from the acting chief immigratio­n judge overseeing the docket. In many instances, advocates told Hearst Newspapers, lawyers noticed boilerplat­e language that didn’t make sense for their particular clients: for example, word-forword references in different orders to a prior deadline that was missed: a deadline that wasn’t on their client’s schedule.

The rationale for the hurried deadlines was later outlined in a Nov. 30 memo by James R. McHenry III, director of the Executive Office for Immigratio­n Review, that prioritize­d bypassing perfunctor­y hearings and moving the docket along efficientl­y so judges could focus on substantiv­e matters.

According to Rob Barnes, spokespers­on for the agency, Immigratio­n Review “continuall­y evaluates current processes, seeking to improve efficienci­es where possible while maintainin­g due process.”

“This new case flow process will reduce unnecessar­y court appearance­s, increase overall case processing efficiency, maximize court resources, and save time for both the court and the parties,” Barnes said. “It will also help ensure that aliens with meritoriou­s claims receive a hearing and a decision as expeditiou­sly as possible.”

He noted that the process does not apply to unrepresen­ted respondent­s, who will continue to appear for master calendar hearings as directed by the immigratio­n judge.

But immigratio­n attorneys said mounting these cases takes time.

Neilson, at the New York net

work, explained, “You can’t just say, ‘Oh, hey, tell me again about the time your mother was killed in front of you.’ It’s the sort of thing that you have to build a rapport with clients. … It’s not just filling in boxes on a form.”

Lawyers see the sudden orders as arbitrary because they don’t take into considerat­ion the particular circumstan­ces of each child and the dangers they may face if deported.

Yale-Loehr, the law professor, said Cornell students in the asylum clinic he runs panicked when they saw one of these orders for their client.

In his view, “the new case processing model is trying to cram through cases faster than before, and that’s causing a lot of consternat­ion and confusion for people who are facing deportatio­n.”

Lawyers for unaccompan­ied minors can chose from several permanency pathways for a client depending on the circumstan­ces of their clients’ lives in their home countries.

They can seek special visas if a child was a crime victim or a traffickin­g victim. They can pursue a different visa if children are granted “special immigrant juvenile status” through the state courts because of abuse, neglect and abandonmen­t.

Asylum is another route for children who were persecuted and threatened with death, but the criteria for making a case tightened under Trump in 2018.

However, the recent orders essentiall­y compel lawyers to decide on the spot if they want to commit to making an asylum case.

Yale-Loehr said the “enhanced case flow” policy is a part of a se

ries of memos and executive decisions by Trump appointees aimed at making it tougher for immigrants to get relief and remain in the U.S.

The flagships among 400-some policy memos are the order to stop entries at the border during the COVID-19 pandemic, the “Remain in Mexico” edict and an order under then-Attorney General Jeff Sessions that said victims of domestic violence or gang violence could not qualify for asylum. The goals, Yale-Loehr said, are to speed up the docket and deter people from trying to come to the U.S.

Judge Dana Leigh Marks, president emerita of the National Associatio­n of Immigratio­n Judges, said her union was not consulted about the change.

She is concerned supervisin­g judges are issuing orders on cases that aren’t assigned to them without knowing all the facts.

The lawyers facing Friday deadlines for the 18 minors in the Houston area had limited options to pursue, but they had to hand over applicatio­ns if they intend to pursue asylum.

In many instances, the lawyers simultaneo­usly requested continuanc­es and objected to the new order as a violation of due process, said Cody from Catholic Charities.

The upshot, Cody said, is the children could face potential deportatio­n orders in a matter of months rather than years.

“The fantasy” with the new Biden administra­tion in January “is a reset button that happens on the 20th, but that’s not likely,” Cody said. “I suspect it’s going to take more time than these kids have.”

 ?? Jerry Lara / Staff file photo ?? Catalina Peñate, 44, of El Salvador, gets emotional as she waits with other migrants at a camp in Matamoros, Mexico, in October 2019.
Jerry Lara / Staff file photo Catalina Peñate, 44, of El Salvador, gets emotional as she waits with other migrants at a camp in Matamoros, Mexico, in October 2019.

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