Helpful Resources and Links

The sources on this webpage provide general information related to the representation of immigrant children, and are listed alphabetically. The Center is not responsible for the content of the external links.

American Immigration Law Foundation (AILF) at http://www.ailf.org/. The AILF’s Legal Action Center publishes timely practice advisories that address important developments in the law. The Legal Action Center also files amicus briefs in support of select cases and conducts litigation of national import.

Practice Advisories:

Immigration Lawsuits and the APA: The Basics of District Court Action. (May 2007).
Adjustment of Status of "Arriving Aliens" under the Interim Regulations: Challenging the BIA"s Denial of a Motion to Reopen, Remand, or Continue a Case. (April 2007).
Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock. (2006).
2006 Update on the Child Status Protection Act: New Administrative Interpretations. (Sept. 2006).
Reinstatement of Removal (July 2006).
Applying for Adjustment of Status After Reentering The United States Without Being Admitted (June 2006).
Failure to Depart After a Grant of Voluntary Departure: The Consequences and Arguments to Avoid Them (Feb. 2006).
Staying the Voluntary Departure Period when Filing a Motion to Reopen (June 2005).
Judicial Review Provisions of the REAL ID Act (May 2005).
"Aging Out": Recent Developments Related to the Child Status Protection Act and Other Provisions (Feb. 2005).
How to File a Petition for Rehearing, Rehearing En Banc and Hearing En Banc in an Immigration Case (Oct. 2004).
Rescinding an In Absentia Order of Removal (Sept. 2004).
Protecting Your Client when Prior Counsel was Ineffective (April 2002).
Amended : Child Status Protection Act (March 8, 2004).

Click here to further explore AILA's research library...

American Bar Association (ABA) at http://www.abanet.org/. The ABA provides law school accreditation, continuing legal education, general information and initiatives to improve the legal system for the public.

AmendedOn March 6, 2007, the ABA hosted a teleconference entitled "Child Clients are Different, Best Practices for Representing Unaccompanied Minors." At no charge, you may listen to a web cast of this 90 minute program, access the course materials and review Christopher Nugent's "Best Practices in Trial Advocacy for Unaccompanied Alien Children in Immigration Court Matters."
EOIR letter to the ABA July 15, 2005, clarifying that juvenile cases are exempt from case completion goals.
ABA Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases.
ABA JOURNAL.COM: The Journal is a general-interest news and business magazine about the law and best practices.
"Asylum Ordeals Some immigrants are ‘ground to bits’ in a system that leaves immigration judges impatient, appellate courts irritated and lawyers frustrated." November 13, 2006. By Margaret Graham Tebo

ABA Commission on Immigration: Directs the ABA's efforts to ensure fair treatment and full due process rights for immigrants in the United States.

ABA Children's Rights Litigation Committee : Addresses the vast undrerepresentation of children in all aspects of the legal system.

Spring 2007 Newsletter. Special international issue discussing international children's rights and law, including an article about children navigating through the immigration system alone.
Interviewing and Counseling the Child Client: A free on-line program that discusses how age, language proficiency and life experiences impact the attorney-client relationship. Explores innovative techniques for interviewing and counseling children.
NEW! 38 Minute Video "Interviewing the Child Client: Approaches and Techniques for a Successful Interview." The video and accompanying materials can be obtained free of charge from the ABA.

Asylum Law at http://www.asylumlaw.org/ . Assists attorneys worldwide in developing strong asylum cases. An extensive and easy to navigate online clearinghouse of sample legal documents, training materials, country information and database of experts and other knowledgeable attorneys.

Sexual Minorities & HIV Status - A portion of asylum law.org is maintained by the International Gay & Lesbian Human Rights Commission (IGLHRC) and provides documentation of persecution due to sexual orientation, gender identity, or HIV status in different countries.

Center for Gender and Refugee Studies, University of California, Hastings College of the Law at http://w3.uchastings.edu/cgrs/ . CGRS plays a central role in advising attorneys on gender based asylum claims and tracking these cases to inform national policy work on this issue. Also provides country conditions upon request.

Center for Human Rights & Constitutional Law at http://www.abanet.org/publicserv/immigration/ice_detention_standards0107.pdf. The Center is a non-profit, public interest legal foundation dedicated to furthering and protecting the civil, constitutional and human rights of immigrants, refugees, children and the poor. Facilitated the following class action litigations relating to children:

Flores v. Meese: Final Text of Settlement Establishing Minimum Standards and Conditions for Housing and Release of Juveniles in INS Custody.
Catholic Charities CYO et. al. v. Chertoff : Coalition filed class action federal lawsuit against DHS Secretary Michael Chertoff and the U.S. Citizenship and Immigration Services (CIS) in federal court in San Francisco for failure to adjudicate and issue U visas to eligible immigrant survivors of domestic violence and violent crimes. Contact Peter Schey at Voices Unidas for more information.
Perez Olano v. Chertoff: A pending class action regarding several SIJS issues. NGOs may obtain up to date information and pleadings for this litigation by joining a yahoo group. Click here.
NEW! January 1, 2008 U.S. District Court of California Decision in the above action holding that ICE's specific consent is no longer required for minors in federal custody before they enter the juvenile court unless the juvenile court will determine custody status or placement. This decision is being appealed and cross appealed.

Congressional Research Service.

March 1, 2007 Memorandum. "Unaccompanied Alien Children: Policies and Issues." This memorandum provides an overview of the federal government's standard practices for unaccompanied alien children and outlines the debate over their care and custody between child welfare advocates and security advocates.
November 1, 2006 Memorandum. "Procedural Definition of "Unaccompanied" for Unauthorized Alien Children ." This memorandum discusses how alien children are classified as unaccompanied or accompanied by the Department of Homeland Security (DHS) and Office of Refugee Resettlement (ORR).

The Detention Watch Network (DWN) at http://detentionwatchnetwork.org/ The only organization of its kind, the DWN was formed in 1997 as a network of individuals and organizations that provide direct support and services to immigrants in detention. The Network's mission is to promote the fair and humane treatment of immigrants within the U.S. immigration detention system. They also provide the following helpful information:

Executive Office for Immigration Review (EOIR) at http://www.usdoj.gov/eoir. Includes the Immigration Courts and Board of Immigration Appeals. See below practice manuals, EOIR forms and case decisions:

NEW! Immigration Court Practice Manual. Effective July 1, 2008, this manual replaces local rules and is "binding on the parties who appear before the Immigration Courts." It is a "comprehensive guide that sets forth uniform procedures, recommendations, and requirements for practice before the Immigration Courts." The manual is comprehensive and the appendices should be consulted for sample cover pages, sample oral pleadings and listing of deadlines for when to file with the court.
NEW! March 10, 2008 OPPM 08-01: Guidelines for Facilitating Pro Bono Legal Services. This OPPM instructs the judge and pro bono attorney to annotate the E-28 Notice of Entry of Appearance As Attorney or Representative to identify themselves on the record as appearing pro bono. It also encourages flexible scheduling for pro bono cases, amongst other things.
August 8, 2007 Fact Sheet: Unaccompanied Alien Children in Immigration Proceedings.
EOIR: Guidelines for Immigration Court Cases Involving Unaccompanied Alien Children: Operating Policies and Procedures Memorandum 07-01. May 22, 2007.
EOIR: Guidelines for Immigration Court Cases Involving Unaccompanied Alien Children (2004).
Note, these guidelines have been replaced by OPPM 07-01 (see above).
EOIR: Asylum Request Processing: Revised Operating Policy and Procedures Memorandum No. 00-01. This OPPM provides guidance on filing a defensive asylum application amongst other things.
July 15, 2005 EOIR letter to the ABA clarifying that juvenile cases are exempt from case completion goals.
Questions and Answers: DHS Procedures for Implementation of EOIR Background Check Regulations for Aliens Seeking Relief or Protection from Removal. August, 2006.
Immigration Judge's Decision granting Motion to Terminate for improper service of the Notice to Appear (NTA). The Judge found that the NTA was not and should have been served on an a minor's parents living in the United States according to regulation and Board precedent even though parents received actual notice at a later date.

Board of Immigration Appeals (BIA) at http://www.usdoj.gov/eoir/biainfo.htm. The BIA is the highest administrative body for interpreting and applying immigration laws. Site includes general information and links to precedent decisions.

U.S. Immigration and Customs Enforcement at http://www.ice.gov/. Includes general information about enforcement operations.

ICE Memorandum: Exercising Prosecutorial Discretion to Dismiss Adjustment Cases (October 6, 2005)
Prosecutorial Discretion (October 24, 2005).
DHS Memorandum: August 21, 1997 memo from Paul Virtue discussing unaccompanied minors and expedited removal.

Freedom House at http://www.freedomhouse.org/. Promotes free institutions around the world. Operates research/documentation center and clearinghouses and publishes newsletter, magazine and reports on political and civil liberties.

Harvard University's Committee on Human Rights Studies at http://www.humanrights.harvard.edu//.

Seeking Asylum Alone: Unaccompanied and Separated Children and Refugee Protection in the U.S. "The first of four reports in this comparative series, the U.S. report describes the nature and scale of the migration of unaccompanied and separated children entering the U.S. today, drawing on government data and statements, advocates’ accounts, court proceedings, and interviews with migrant children themselves."
No Place to Hide: Gang, State, and Clandestine Violence in El Salvador. "A report documenting the phenomenon of youth gangs in El Salvador, human rights abuses associated with gang violence, and the Salvadoran government's response to gang activity."

Human Rights First at http://www.humanrightsfirst.org/. Publishes human rights reports on various countries with emphasis on abuses against the legal community and the judicial process. Annual critiques of the U.S. Department of State's report on human rights conditions throughout the world.

Human Rights Information and Documentation Systems, Int’l at http://www.hurisearch.org/. A compilation of all reports published by human rights organizations worldwide. Provides multilingual search engine.

Human Rights Internet at http://hri.ca/ . Access to a wide variety of human rights databases and a comprehensive documentation center. Provides training and useful educational resources and publishes the Human Rights Tribune.

Human Rights Watch, Children’s Rights Division at http://hrw.org/children/about.htm. Contains publications, international legal standards, news articles and useful links on human rights abuses against children around the world.

Lutheran Immigration and Refugee Service (LIRS) at http://www.lirs.org/. LIRS is the second largest volunteer organization serving immigrants and refugees in the U.S. Since its founding in 1939, LIRS and its affiliates have resettled over 330,000 refugees worldwide.

LIRS report for the UN High Commissioner for Refugees: Ensuring Protection & Durable Solutions for Unaccompanied & Separated Refugee Children

Immigration Legal Resource Center (ILRC) at http://www.ilrc.org/. An expansive resource on immigration training materials, publications and expertise for advocates and attorneys.

Minnesota Human Rights Library at http://www.umn.edu/humanrts. Over 23,000 core human rights documents and including several hundred human rights treaties. Also provides access to over 4,000 links and a search engine for multiple human rights sites. Accessed by more than 175,000 students, scholars, educators and human rights advocates monthly from over 135 countries around the world. Documents are available in Arabic, English, French, Japanese, Russian, and Spanish.

National Immigrant Justice Center at http://www.immigrantjustice.org/probonoinfo.asp. Formerly known as Midwest Immigrant & Human Rights Center (MIHRC), a program of Heartland Alliance, NIJC provides direct immigrant representation and a pro bono program. The following manuals can be downloaded from their website:

Asylum Representation Affirmatively and in Removal Proceedings;
Asylum Representation Before the Seventh Circuit Court of Appeals;
Winning Asylum, Withholding and CAT Cases Based on Sexual Orientation,
Transgender Identity and/or HIV-Positive Status; and
Special Immigrant Juvenile Status in Illinois: A Guide for Pro Bono Attorneys

National Immigration Law Center at http://www.nilc.org/ Specializes in immigration law and the employment and public benefits rights of immigrants. NILC conducts policy analysis and impact litigation and provides publications, technical advice and trainings to a broad constituency of legal aid agencies, community groups, and pro bono attorneys.

National Immigration Project of the National Lawyers Guild at http://www.nationalimmigrationproject.org/. Provides advocacy-oriented legal support on immigrant rights issues. Specializes in defending the rights of immigrants facing incarceration or deportation and immigration consequences of criminal convictions.

National Legal Aid and Defender Association at http://www.nlada.org/provides state by state charts for the immigration consequences of state crimes.

Northwestern University School of Law at http://www.law.northwestern.edu/cfjc/catresources. Resources for attorneys and advocates representing child survivors of torture, former street children, child soldiers, and children fleeing street gangs in Central America. This link focuses on resources for cases under Article 3 of the U.N. Convention Against Torture (CAT).

Office of Refugee Resettlement (ORR) at http://www.acf.hhs.gov/programs/orr/. The mission of the Office of Refugee Resettlement aids refugees who come to the United States seeking protection from persecution and in search of freedom, peace and opportunity for themselves and their families.

NEW! March 2008 Office of the Inspector General Report: Division of Unaccompanied Children's Services: Efforts to Serve Children. The OIG found:

Most children appeared to be placed and released in accordance with the Flores Agreement.
Case Files Lacked Documentation of Care Received.
The Division of Unaccompanied Children's Services provides limited oversight of facilities.
No explicit agreement exists between Federal Departments regarding information exchange and postrelease activities.

Pro Bono Net at http://www.probono.net/. A helpful resource for sample applications, country information, and links to other relevant sites.

Refugee Law Center at http://www.refugeelawcenter.org/rlc/claimresources.htm. RLC provides position papers, amicus curie briefs, legal support, human rights and country conditions documentation, and legal representation on issues relating to refugee protection. RLC has separate programs developed to specifically assist the needs of women and child refugees.

The Transactional Records Access Clearinghouse (TRAC) at http://trac.syr.edu/index.html. A unique new web site that provides extensive information about criminal and administrative enforcement of the immigration laws.

Immigration Judge Reports, Aug. 7, 2006: Asylum (TRAC) "TRAC's Immigration website now contains detailed performance information about most of the the 200-plus immigration judges in the United States. Includes are year-by-year percentages of asylum matters denied by each judge, comparisons in denial rates with other judges, and biographical sketches for all judges."
Immigration Enforcement: The Rhetoric, The Reality: A new TRAC study, based on the analysis of millions of records from the Immigration Courts and the Justice Department, has found that the terrorism enforcement actions of the Department of Homeland Security (DHS) do not appear to match the claims made in the agency's official statements.

UNICEF at http://www.unicef.org/. Website contains publications, international legal standards, news articles and useful links regarding human right abuses against children around the world.

UNICEF 2007 Annual Report on Women and Children:

Women generally place a higher premium on welfare-related goals and are more likely to meet the needs of families, particularly children;
Therefore women who have greater influence in decision-making are more likely to promote better health care practices for their family;
In many countries, quality childcare remains too expensive for low-income families; the responsibility tends to fall on the oldest daughter to provide and take care of younger siblings, at the expense of her education;
Governments should undertake legislative, financial and administrative measures to create a strong and enabling environment for women’s entrepreneurship and participation in the labor market;
The report further discusses the benefits of women in governance at both micro and macro levels and a summary indicator for each world region.

UNICEF 2007 Child Soldiers:

An estimated 300,000 children under the age of 18, both girls and boys, are involved in more than 30 conflicts worldwide;
In 2002 the Optional Protocol on the Rights of the Child in armed conflict took root. This Protocol increased the standard age from 15 to 18 for compulsory recruitment and direct participation in conflict;
Governmental and non-governmental advocacy on behalf of the children is necessary, promoting ratification of the Optional Protocol on the involvement of children in armed conflict and advocating for national law reform and sensitization campaigns.

UNICEF 2007 Female Genital Mutilation/Cutting:

Female genital mutilation/cutting is a surgical procedure which involves partial or total removal of the external genitalia;
It is mainly performed on children and adolescents between 4 and 14 years of age, but in countries like Mali and Eritrea up to half of all procedures are performed on infants under one year of age;
Public awareness among communities, parents, teachers and children is crucial to revealing the harmfulness of this and why it should be stopped;
Governments need to be committed to addressing the end of this practice by prohibiting it within development plans for poverty reduction.

UNICEF 2007 Commercial Sexual Exploitation:

In a multi-billion dollar commercial sex industry approximately 2 million children are sexually exploited around the world;
Governments need to recognize the problem and create and enforce laws that punish the perpetrators;
The media must provide information on the dangers of sexual exploitation and the penalties for those who sexually exploit children.

United Nations High Commissioner for Refugees (UNHCR) offers new articles, publications and research on the rights and plight of refugee and immigrant children around the world.

Immigration Policy and Procedural Memoranda can be downloaded here.
Changes of Address can now be completed here.
Effective March 30, 2007 a new track is available for FOIA requests when an individual is scheduled to appear before an immigration judge. Information is available here.
Information on Adoption can be obtained here.
Information on Orphans can be obtained here.

July 20, 2007 USCIS Memoranda: Fee Waiver Guidelines as Established by the Final Rule of the Immigration and Naturalization Benefit Application and Petition Fee Schedule.

Effective July 30, 2007 USCIS implemented a new fee schedule and filing destinations for immigration benefit applications and petitions.
NEW! "Updated Procedures for Minor Principal Applicant Claims, Including Changes to RAPS"August 14, 2007.
Catholic Legal Immigration Network's (CLINIC) user friendly form for fee waivers which can assist practitioners in filing for fee waivers. This form should be adapted to local practices. This fillable form is available here.
Direct Filing Address for Form I-360: Immigrant Petition for Amerasian, Widow(er) and Special Immigrant.
Press Release of Change in Final Fee Schedule can be obtained here.
Questions and Answers Concerning Change in Final Fee Schedule can be obtained here.
Final Fee Schedule can be obtained here.

United States Conference of Catholic Bishops Migration and Refugee Services at http://www.usccb.org/mrs

The Lost Dream: Unaccompanied Migrant Children and Victims of Human Trafficking on the US/Mexico Border. "This report highlights the October 2006 fact-finding mission to the Southwest border region directed by the USCCB Committee on Migration. The USCCB delegation hopes that the observations and recommendations in this report will lead to a better response towards and treatment of foreign-born migrants, survivors of human trafficking, and unaccompanied alien children caught up in the U.S. immigration system.

U.S. Department of State at http://www.state.gov/.

Country Reportson Human Rights Practices.
Judicial Assistance. Country specific general procedures and information for service and obtaining evidence abroad.

Washington Office on Latin America (WOLA) at http://www.wola.org/is an organization that works to promote human rights, democracy and social and economic justice in Latin America.

NEW! Central American Gang-Related Asylum: A Resource Guide. May 2008
This resource guide attempts to offer attorneys, immigrant activists, policymakers and human rights workers the facts necessary to understand the complicated and nuanced phenomenon of gangs in Central America and gang-related asylum cases. Growing numbers of people from El Salvador, Guatemala and Honduras are seeking asylum in the United States due to gang-related persecution. With this manual, drawing on our expertise on gangs in Central America, we offer the most current information available on gangs to assist advocates who represent people seeking asylum because they were victims of gang violence, were formerly involved with gangs and fear reprisal, or both.
WOLA Youth Gangs in Central America: 2006 Report
(Report in Spanish) 2006 Informe en Español
“Voices from the field: Local Initiatives and New Research on Central American Youth Gang Violence.”

Women's Commission for Refugee Women and Children at http://www.womenscommission.org/. The Women’s Commission’s mission is to improve the lives and defend the rights of refugee* women, youth and children.

VIDEO: Women’s Commission Initiative: What Happens When I Go To Immigration Court? is a first-of-its-kind educational video produced that orients children to immigration court. The video uses child-centered techniques and puts children at ease to foster the trust and openness needed for representing a child during immigration court proceeding.
Locking Up Family Values: The Detention of Immigrant Families. Feb. 2007 LIRS and Women's Commission report detailing prison-like conditions at DHS' facilities that house immigrant families, including asylum seekers, who are in immigration proceedings.

Women’s Human Rights Net at http://www.whrnet.org/ Provides a broad range of information and analyses on women’s human rights issues in English, Spanish and French. Provides an overview of UN/Regional Systems; a research tool that serves as a gateway to online resources relevant to Women’s human rights advocacy and a comprehensive collection of related links.