In Whose Best Interests? Comparing Children’s Treatment in Immigration Court and in Child Protection Hearings in Minnesota
Similar Issues Without the Relevant Tools or Best Interests Standard
Bibliographic Data
| ID | 13089611 |
|---|---|
| Authors | Susan Schmidt (0000-0001-5368-2920, Luther College, corresponding author) |
| Year | 2024 |
| Volume | 13 |
| Issue | 2 |
| Pages | 211-233 |
| Publication date | 2024-11-14 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal on Migration and Human Security (JOURNAL) |
| Journal identifiers | ISSN: 2330-2488 • E-ISSN: 2331-5024 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/23315024241286870 |
| OpenAlex | W4404373150 |
| Language | EN |
| Citations received | 3 |
| References cited | 5 |
Executive Summary Federal immigration courts and state child welfare courts make decisions regarding certain similarly situated children in need of protection, but how does immigration court compare in its procedures for dealing with them? This article uses a comparative court observation approach to consider that question, by analyzing six months of observational data from the Fort Snelling Immigration Court juvenile docket, along with observations in Minnesota juvenile court child protection proceedings. Findings include the prioritization of federal government interests over children’s best interests, apparent in the US Government ensuring that an attorney represent its own interests before the immigration judge, while children must represent themselves if unable to find or afford an attorney. Furthermore, unrepresented children must navigate complex multi-agency procedures in order to seek the two most common forms of legal protection (Special Immigrant Juvenile Status, and asylum). Finally, the federal government fails to provide appropriate tools for responding to indicators of child welfare matters mentioned in immigration court, despite holding states to account for their handling of child maltreatment
Best interests · Best practice · Child protection · Criminology · Immigration · Political science · Child Abuse and Trauma · Ethics and Legal Issues in Pediatric Healthcare · Law · Legal Systems and Judicial Processes · Psychology
| Citations per year | 3 |
|---|---|
| Citation span | 2025 - 2026 (2) |
| Highly cited | No |