The US Government’s approach to the separation of families entering the country without proper documentation or under a request for asylum has been roundly criticized across the globe – largely for the way in which the government has treated minors.
Under current regulations, these children are protected from long-term detention under the so-called “Flores” agreement, named for a 1997 case related to immigration detention. The agreement requires children detained upon entry to be kept in the least-restrictive setting possible, and generally requires release after 20 days in detention.
“Now, the Department of Homeland Security is indicating that it will no longer adhere to the Flores agreement, and will seek to detain children in excess of 20 days, ostensibly because these requirements make it difficult to prosecute undocumented immigrants,” said James O. Hacking, III, a child immigration detention attorney with Hacking Law Practice, LLC in St. Louis, MO. DHS officials have started the process of requesting additional detention facilities for families in light of this decision.
How this will play out in the courts is unknown, though it is likely that the change in policy by DHS will result in litigation. Until that litigation is settled however, families that are in considering entering the United States without proper documentation should be prepared for the possibility that their families will beare separated, and that they are detained for an extended period of time. Additionally, families or individuals that are considering requests for asylum in the United States should make themselves aware of the requirements for any asylum claim.
In order to make a case for an asylum request, an individual must be able to show that they have suffered persecution in the past or have a well-founded fear that they will suffer persecution if they return home. The persecution must be because of the person’s race, nationality, religion, membership in a certain social group, or political opinion. However, simply showing that persecution is possible under one of those reasons is not enough. An individual must also provide evidence that there is a reasonable possibility that the persecution will occur.
An experienced asylum attorney will be able to help an individual seeking asylum prepare a strong claim – one that provides evidence of reasons and likelihood of persecution. Additionally, an experienced immigration attorney will be able to assist families that seek to enter the United States navigate the detention system, if they are faced with such a scenario. If you have family seeking entry to the United States under asylum, or have family that has been detained or separated, contact a St. Louis immigration attorney today.
