(F)  Referring Juveniles for “Screening” by Immigration Authorities.  In some jurisdictions, a probation officer or judge will refer a child to immigration authorities for “screening.”  This process is not an effective or appropriate way to have a child “screened” to see if s/he qualifies for some lawful immigration status.  The DHS focus is on detaining and deporting the child, not on investigating relief from deportation.  Children are not provided with attorneys in these adversarial hearings, and children who are eligible for relief are frequently deported instead. 

If the juvenile court wishes to ensure that a child gets some rudimentary screening for eligibility for immigration relief, the court instead may direct the child’s attorney to review with the child an administrative relief screening checklist, see § 12.2(D), supra, or may appoint immigration counsel for a more thorough review.

 

                Juvenile courts have no obligation to refer undocumented children to the DHS.  Whether they have the discretion to do so is not established.  The California Supreme Court vacated and remanded an appellate court decision upholding a delinquency court’s referral of a juvenile to immigration authorities.[37]

[37]  In re Victor F, 94 Cal.App.4th 308 (2001) (vacated), review granted, depublished, and transferred, 43 P.3d 130 (Cal. 2002).  The court directed the lower court to decide the case in accord with In re Manuel P, 215 Cal.App.3d 48 (1989) and Calif. Welfare & Institutions Code § 728.

Other

DETENTION - JUVENILES
New ICE family residential detention standards, Jan. 11, 2008. http://www.ice.gov/pi/familyresidential/index.htm