As a public youth defender in North Carolina, there is the responsibility of ensuring every young person being represented receives full protection of the law, regardless of their immigration status. But there is no doubt representing undocumented youth has unique challenges itself. These children face not only the challenges of juvenile court but also the consequences that might affect their immigration status.
I assume the primary challenge when representing undocumented youth is navigating among juvenile and immigration law while providing updated and relevant information based on the youth’s individual status/case and managing a high case load. Although they are technically not considered "convictions" under state law, Juvenile adjudications can have serious immigration consequences. For example, delinquency processes can still trigger deportation proceedings or impact a child's ability to apply for certain types of immigration relief in the future, such as asylum or Special Immigrant Juvenile Status (SIJS). SIJS provides a legal residency opportunity for undocumented children who have been abused, neglected, or abandoned by one or both parents and who meet certain eligibility criteria.
It might be useful for Defenders to generally familiarize themselves with the Immigration and Nationality Act (INA) and its implications for juvenile cases. Public defenders should ask about immigration status carefully and respectfully, being mindful of the trust required to receive honest responses. Additionally, working with an immigration attorney or having access to one for consultation is essential to ensure that the youth’s best interests are protected in both areas.
Key questions to consider include:
Does the youth have lawful immigration status or are they undocumented?
Could a delinquency adjudication affect their ability to apply for a green card, asylum, or other forms of relief?
Has the juvenile been detained by Immigration and Customs Enforcement (ICE) or been in removal proceedings?
If the answer to any of these questions suggests immigration concerns, and if possible, obtaining the assistance of an immigration attorney or referring the case for an immigration consultation might be the best option.
Fortunately, there are resources available to help:
The Gault Center – Formerly “The National Juvenile Defender Center” (NJDC): Offers a range of resources, including practice manuals and policy papers that address immigration consequences for juveniles.
Juvenile Defender’s Guide to Immigration Issues in Juvenile Proceedings: Immigration-Brief.pdf (defendyouthrights.org)
American Immigration Lawyers Association (AILA): Has robust network of immigration attorneys who can provide consultation and collaboration on cases involving undocumented youth.
Find an immigration Lawyer: AILA's Immigration Lawyer Search (ailalawyer.com)
Act: Advocacy Tools (aila.org)
Immigrant Legal Resource Center (ILRC) (Based in California and Texas but offer national assistance): Ha s specific resources for public defenders, including publications on the immigration consequences of juvenile adjudications and webinars on how to best represent undocumented youth in delinquency proceedings.
North Carolina Justice Center: Advocates for immigrant rights and provides direct legal assistance to individuals facing deportation. They can be a key partner for defenders handling immigration-sensitive juvenile cases.
By utilizing available resources, youth defenders can protect the rights of undocumented youth and help them navigate a system that can often feel foreign, overwhelming, and unfair.
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