Undocumented and unaccompanied youth have "varied and complex reasons" for migrating in droves from El Salvador, Honduras, Guatemala and other nations. They move across the southern border with the assistance of coyotes and smugglers; these children hope to evade threats of rape and death that they routinely subjected to in their homeland. They reach the U.S., but many are caught; and those who are detained must submit to immigration proceedings without legal representation or guidance.

The National Immigrant Justice Center (NIJC), an organization that has provided legal counsel to thousands of unaccompanied immigrant youth for almost two decades, recently held a press teleconference where they offered an overview of the legal challenges that immigrant children are facing, their legal options under the law and an insightful analysis of the Obama administration's request for supplemental funding.

Associates of NIJC began the call by describing the community that they help, verbalizing the violence that the children endured at home, during their wayward journeys, and once they arrived to the United States. Mary Meg McCarthy, the executive director at NIJC, shared a story about a young girl's refusal to become a "gang girlfriend" and how it resulted in her being raped by the gang. The girl fled the country, but her brother was targeted, forcing him to flee as well.

McCarthy also shared a revealing statement by the mother of one undocumented child, who said, "I would rather risk losing my child during the journey than seeing her die on my doorstep."

The violence these children face in their home nations has been well documented, prompting NIJC and others to assist children who have no legal support. Undocumented and unaccompanied minors only receive counsel through independent means, individual organizations and the efforts of pro bono lawyers. Eighty percent of children are not represented, nor are they afforded information about seeking asylum, though 60 percent qualify for protection under international law.

NIJC's Director of Policy Royce Murray stated that the supplemental funding request made by the Obama administration, which was almost doubled from $2 billion to $3.7 billion, has its highlights and lowlights, indicating that the request was "welcomed, but needs to be greatly expanded." The multibillion dollar request was asked in response to the influx of unaccompanied South and Central American immigrant children.

Murray and her associates believe that those funds will be used to prioritize "enforcement over due process," which won't solve the issue at hand.

Billions, indeed, are needed for the care of unaccompanied immigrant children and millions for transportation, but NIJC believes that nearly one billion (988 million) should go toward offering legal services, the development of an immigration judge team, financing the under-resourced immigration resource teams, and the expansion of legal orientation programs that "falls short of what's needed."

Undocumented "tender-age" children, those under the age of 14 years old, have doubled in arrival to the U.S. NIJC's Associate Director of Legal Services Lisa Koop stated that the organization comprehensively educates these children and others about the system they're in. NIJC offers legal seminars and individual screenings, and they've reached as many as 500 minors.

Child refugees are informed about the "Special Immigrant Juvenile Visa," which is made available to those who've endured sexual and physical abuse from their parents, and "T Visas," which protects those who were victim of sex trafficking. Undocumented youth also learn that there are two separate USCIS asylum and immigration proceedings when seeking asylum.

Additionally, children learn that they can seek asylum in a non-adversarial setting prior to cross-examination in court. However, as a greater number of children move through the Chicago-based detention centers that they service, NIJC finds it more difficult to reach individuals who are quickly placed with custodians and sponsors before are educated on their rights.

Whether or not children are advised or represented, they remain undocumented and U.S.-based until a decision is made for them. If asylum-seekers fail to obtain asylum, they continue with immigration proceedings, and if they fail to gain permission to stay in the country, they may request two to three deferrals before are they are likely deported.

There's a mismatch between the high intake number and low departure rate of child refugees, and that's because immigration courts are so backed-up and delayed that some cases are 3 or 4 years old before they are addressed, but that varies from court-to-court throughout the country. According to Koop, in Chicago, for many undocumented children who've just arrived, "Backlogs are set for 2016, 2017 and sometimes 2018 because there aren't enough judges or representation."

To truly curb the growing number of minors migrating into the United States, the United States government must help to stem the issue at its roots. Ninety thousand unaccompanied children are expected to arrive to the United States this year and 100,000 next year. Militarizing the border and detaining child refugees won't mend the issue, but working to correct the humanitarian crises occurring in neighboring nations will.

To find out more about NIJC, visit their website. Also, check them out on Facebook and Twitter.

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