Examines the experience of children who travel unaccompanied to the United States and their treatment by the immigration bureaucracy. The generally accepted “best interest” standard calls for international protection for children. However, there is growing evidence that migrant children, particularly unaccompanied minors, fare badly at the hands of U.S. authorities. Unlike other western nations, the United States regularly and systematically detains children often for long period of time in harsh conditions. One-third of detained, unaccompanied children are placed in secure facilities, alongside of juveniles convicted of crimes and are subject to punitive measures. In 2003, as a result of administrative changes in government agencies, the functions of enforcing immigration laws and protecting minors have been separated. However, recent evidence suggests that there has not yet been significant improvement in the quality of care for unaccompanied children as a result. Additional deficiencies in the current system include: lack of guardians, lack of legal representation, lack of interpreters, and lack of transparency in the legal process. Key reforms, which implemented, would immeasurably benefit unaccompanied children include: (1) application of best interest standard; (2) family reunification; (3) federally-funded legal counsel; (4) guardians ad litem; (5) appropriate physical tests and interview procedures; (6) prompt and appropriate legal proceeding; (7) recognition of child-specific persecution, and (8) efforts to curb trafficking.
