Bill Would Aid Kids Immigrating Without Adult

A tearful Honduran teenager, describing his harrowing immigration to America and his mistreatment after his arrival, testified before a Senate panel Thursday on the need for U.S. officials to help juveniles who come to this country unaccompanied by an adult.

Edwin Munoz, 15, said he was abandoned by his parents at age 7 in Honduras and then beaten by the cousin in whose care he was left. He escaped at age 13, hitchhiking alone to the United States, only to be thrown into a San Diego juvenile facility filled with violent offenders, where he was taunted by other inmates, brought to court in shackles, and for weeks had no lawyer or court-appointed guardian to assist in his case.

“The officers did not know why I or other children picked up by the [Immigration and Naturalization Service] were being held there,” Edwin testified in Spanish. “They treated us the same as the others, as criminals. Many of the other boys were violent, frequently looking for a fight.”

As many as 5,000 children a year immigrate to the United States without an adult, said Sen. Dianne Feinstein (D-Calif.) at Thursday’s subcommittee hearing on a proposal to establish an Office of Children’s Services to coordinate and implement laws for unaccompanied immigrant children. The problem highlights the inherent conflict in holding the INS responsible for the welfare of children while requiring the agency to enforce immigration laws against them.

“We cannot continue to allow children who come to our country--often traumatized and guilty of no crime--to be held in jails and treated like criminals,” Feinstein said.

Sen. Edward M. Kennedy (D-Mass.) agreed that a conflict of interest exists in the INS. “Many convincingly argue that the competing responsibilities of prosecuting and caring for these children make impartial consideration of the children’s best interest impossible,” he said.

A children’s services office, independent of the INS, would be created under the “Unaccompanied Alien Child Protection Act” introduced by Feinstein last year. A companion bill has been introduced in the House.

The measure calls for minimum custody standards, and an ordered list of caretakers for children that would seek to place them with family members or foster parents first. The bill also proposes appointing guardians for the children and ensuring legal representation through pro bono services or appointed counsel. Detention in facilities would be a last resort.

The INS has proposed its own Office of Juvenile Affairs as part of a restructuring of the agency into separate service and enforcement branches.

An INS official testifying Thursday acknowledged a problem and wanted to work with the committee, but said that the new INS office would properly care for children and act more quickly than any separate office requiring legislative approval.

“These are good people who care deeply that children coming into the system are treated fairly,” said INS associate commissioner Stuart Anderson. “INS Commissioner [James W.] Ziglar has no vested interest in maintaining the status quo.”

Anderson said the average unaccompanied minor immigrant was placed with a parent, relative or other caretaker after about 43 days of detention.

However, Feinstein and Kennedy, along with Sen. Sam Brownback (R-Kan.), said far too many children are falling through the cracks. “I’m hearing from too many people in too many places that there are too many problems,” Brownback said.

Immigration advocates urged passage of the bill, saying they had more than enough capacity to place children in foster care rather than detention facilities.

“Child welfare principles should guide our treatment of unaccompanied alien children,” said Julianne Duncan, director of children’s services for the U.S. Conference on Catholic Bishops.

Advocates want to see more children end up like Edwin, who eventually got a court-appointed lawyer and was placed with a foster family in Michigan. Granted asylum and attending middle school, he said he wants to be an FBI agent when he grows up.

“I am happy that there are now people like you who care to help children like me,” the teen told the senators.