New KIND "Safe Exit Program"
- Monday, May 11, 2009 |
- Written by Ariana Zuno
-
Not all unaccompanied children qualify for relief that will enable them to remain in the United States. Or, sometimes a child may wish to return to her or his country without pursuing any form of relief. In either case, the best option for the child will likely be to pursue voluntary departure, a form of relief that permits an otherwise deportable child to leave the United States within a designated amount of time and without harsh penalties. It is critical for children in these circumstances to be represented by counsel, lest they be forced to appear in court without understanding the repercussions of not taking this form of relief - a final removal order which would bar the child from reentering the U.S. for up to 10 years. With its "Safe Exit Program," KIND intends to match pro bono attorneys with children who are pursuing this form of relief.
KIND believes that no child should have to face immigration court alone and that even children with no other option but to return to their home country should be represented in court. KIND's Safe Exit Program will train lawyers in voluntary departure and create a network of trained attorneys to take on these cases and help children understand the important benefits of this form of relief and the consequences if they decide not to pursue it.
If the child voluntarily departs within the time ordered by the court, he or she will typically not be barred from legally reentering in the future. This may have significant benefits for children who, as they get older, may wish to attend college in the United States or visit other family members who subsequently obtain legal status in the United States.
A pro bono attorney is vital to help the child through this difficult and confusing process, particularly in the absence of any other trusted adult. In addition to providing guidance and important legal information, the attorney is also the child's advocate in immigration court, arguing that the child qualifies for voluntary departure. A court appearance may provide an opportunity for an attorney to present evidence, offer a direct examination, or defend a cross-examination by a government attorney. The pro bono attorney can also facilitate the transition of the child back to her or his home country, including assisting the child in obtaining a travel document from the appropriate consulate, helping the child with any necessary travel arrangements and explaining what to do upon returning to his or her home country.
Voluntary departure cases are good for attorneys who only have limited time to represent a child as these cases are usually the least time consuming of all the forms of relief. KIND is piloting its Safe Exit Program in NYC, and will likely expand it to other KIND sites. For more information, please contact Diana Castaneda at
This email address is being protected from spambots. You need JavaScript enabled to view it. .
