Children likely to suffer worse under Trump
By Aspen Coriz-Romero | December 5, 2024
The right to seek asylum or refuge from danger is a fundamental human right. It’s protected by both international and U.S. law.
But Donald Trump wants to eliminate that right, including
for the most vulnerable: children. These children are often forced to cross the
border without their parents to try and claim asylum in the United
States.
I spoke with Arlene Rodriguez, Esteffany Luna, and Esther
Ramos, who provide legal and social services to unaccompanied migrant youth in
Texas. They gave me a glimpse into the daunting obstacles faced by young asylum
seekers.
Nearly a
third of new cases in immigration court are minors, I learned,
with 1 out of 8 being 0-4 years old.
But these children are expected to navigate the same complex processes as
adults. “They have to sign their own agreements and applications, present
themselves in court, and answer the judges’ questions,” said Ramos. “They’re
treated very adversarially — not much different from adults.”
“Sometimes they’re so young they don’t understand what
they’re being asked to do, or what is being asked of them,” Luna added.
Asylum applicants have to undergo “credible fear” screenings
to convince authorities that it’s unsafe for them to go home. In interviews,
documents, and court appearances, children are required to repeatedly disclose
trauma, which takes a toll. “For older kids who are more conscious of the bad
things they’ve experienced, it’s difficult to deal with having someone else
know about it,” Rodriguez told me.
Unaccompanied minors with legal representation are nearly 100 times more likely to be granted relief than those without. But unfortunately, there’s no right to an attorney in immigration court, and pro bono legal services are scarce. And the few hard-won protections minors do have are at risk of being undermined as Trump retakes office.
During his first term, President Trump tried to terminate the 1997 Flores agreement,
which set standards for the care and release of children in federal immigration
custody. He gutted asylum qualifications, removing
domestic and gang violence as reasons to obtain protection. And most
notoriously, his “zero-tolerance” policy forcibly separated
over 5,000 children from their parents in
immigration custody.
Under a policy called Title 42, many asylum applicants were
turned away altogether, violating their due process. Under “Remain in Mexico,”
applicants including children were forced to await asylum hearings in Mexico,
exposing many to danger. And courts were hostile and caseloads were rushed through.
Ramos put it bluntly: “Immigration law has always been hard
— attorneys call it a dumpster fire. Under the Trump administration, it was
like trying to put out a dumpster fire with a liter of gasoline.”
For children seeking asylum, the mental and emotional toll
of these legal procedures is compounded by language barriers, social
marginalization, and fear of deportation.
These fears can also deter their sponsors, the relatives or
volunteers who take them in while their case proceeds — and who are often
undocumented themselves. It can even discourage them from accessing medical
care, educational services, and food banks due to fears of arrest.
The three experts I spoke to all agreed our immigration
system is outdated and inefficient — but said
reform should make it more welcoming, not restrictive.
Until then, we’ll need to band together and advocate for local
and state governments to pass legislation defending immigrant
communities — and for President Biden to take steps to
protect migrants before Trump takes office. You can also help by donating to
organizations that support immigrants.
Asylum is a matter of life or death for these kids. If we
truly care about the safety and dignity of children, our immigration policies
must reflect that commitment.
Aspen Coriz-Romero is the New Mexico
Fellow at the Institute for Policy Studies. This op-ed was distributed by
OtherWords.org.