Criminal Defense of Immigrants


§ 12.38 V. Resources

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Peri H. Alkas, Note, Due Process Rights for Unaccompanied Alien Minors in the United States, 14 Hous. J. Int’l L. 365, 371 (1992) (noting the children endured acts that make them prime candidates for the psychological condition Post Traumatic Stress Disorder); Jacqueline Bhabha, Lone Travelers: Rights, Criminalization, and the Transnational Migration of Unaccompanied Children, 7 U. Chi. L. Sch. Roundtable 269 (2000); Jacqueline Bhabha, “More Than Their Share of Sorrows”: International Migration Law and the Rights of Children, 22 St. Louis U. Pub. L. Rev. 253 (2003); Jacqueline Bhabha & Wendy A. Young, Through a Child’s Eyes: Protecting the Most Vulnerable Asylum Seekers, 75 Interpreter Releases 757 (1998); Jacqueline Bhabha & Wendy Young, Not Adults in Miniature: Unaccompanied Child Asylum Seekers and the New U.S. Guidelines, 11 Int’l J. Refugee L. 84 (1999); Amity R. Boye, Making Sure Children Find Their Way Home: Obligating States Under International Law to Return Dependent Children to Family Members, 69 Brook. L. Rev. 1515 (2004); Children Lack Capacity to Make False Claims or Misrepresentations, IJ Holds, 83 Interpreter Releases 775-776 (April 24, 2006); Sarah H. Clark, Note, Substantive Due Process in a State of Flux: Should Courts Develop New Fundamental Rights for Alien Children?, 72 B.U. L. Rev. 579, 582 (1992); Terry Coonan, Tolerating No Margin for Error: The Admissibility of Statements by Alien Minors in Deportation Proceedings, 29 Tex. Tech L. Rev. 75 (1998); J. Daniel Dowell et al., Protection and Custody of Children in the United States Immigration Court Proceedings, 16 Nova L. Rev. 1285 (1992) (examining the current state of the law and proposing safeguards for the protection of children in immigration proceedings); Cecelia M. Espenoza, Good Kids, Bad Kids: A Revelation About the Due Process Rights of Children, 23 Hastings Const. L.Q. 407 (1996); Edith Z. Friedler, From Extreme Hardship to Extreme Deference: United States Deportation of Its Own Children, 22 Hastings Const. L.Q. 491, 494 (1995) (While the Supreme Court has never considered the issue, many courts of appeal and several district courts ... have unanimously held that the government may deport alien parents without violating the constitutional rights of their citizen children.”); Gail Q. Goeke, Note, Substantive and Procedural Due Process for Unaccompanied Alien Juveniles, 60 Mo. L. Rev. 221, 223 (1995); Guy S. Goodwin-Gill, Unaccompanied Refugee Minors: The Role and Place of International Law in the Pursuit of Durable Solutions, 3 Int’l J. Child. Rts. 405, 410 (1995); Helsinki Watch, Detained, Denied, Deported: Asylum Seekers in the United States 63 (1989), summarized in 66 Interpreter Releases 942-43 (Aug. 21, 1989); Helton, Political Asylum Under the Refugee Act of 1980: An Unfulfilled Promise, 17 J. Mich. L. Reform 243 (1984); Holguin, Report on Children in INS Prisons (1987) (available from the National Coalition for Advocacy for Students, 100 Boylston Street, 7th Floor, Boston, Mass. 02116); Human Rights Watch Children’s Rights Project, Slipping Through the Cracks: Unaccompanied Children Detained by the U.S. Immigration and Naturalization Service (Human Rights Watch, 1997); Immigration and Naturalization Service, Asylum Adjudications: An Evolving Concept  (1982); Linda Kelly, Preserving the Fundamental Right to Family Unity: Championing Notions of Social Contract and Community Ties in the Battle of Plenary Power Versus Alien’s Rights, 41 Vill. L. Rev. 725 (1996); Dan Kesselbrenner, Contesting Deportability: A Strategy for Minor Respondents, 67 Interpreter Releases 1, 2 (Jan. 1, 1990); Dan Kesselbrenner, Selected Practice Pointers Relating to Juveniles, National Lawyers Guild National Immigration Project Newsbulletin (March 2004); Peter Margulies, Children, Parents and Asylum, 15 Geo. Immigr. L.J. 289 (2001); Christopher Nugent & Steven Schulman, A New Era In The Legal Treatment Of Alien Children: The Homeland Security And Child Status Protection Acts, 80 Interpreter Releases 233 (2003); Christopher Nugent & Steven Shulman, Giving Voice to the Vulnerable: On Representing Detained Immigrant and Refugee Children, 78 Interpreter Releases 1569 (2001); Michael A. Olivas, Unaccompanied Refugee Children: Detention, Due Process, and Disgrace, 2 Stan. L. & Pol’y Rev. 159 (1990); Bill Piatt, Born as Second Class Citizens in the U.S.A.: Children of Undocumented Parents, 63 Notre Dame L. Rev. 35, 40-41 (1988) (“Citizen children ... have not been successful in pressing the view that the deportation of their undocumented parents is tantamount to the de facto deportation of the child - a violation of the child’s constitutionally protected rights to live in this country, to associate with family members, and to be guaranteed due process and equal protection of the laws.”); Katherine Porter, In the Best Interests of the INS: An Analysis of the 1997 Amendment to the Special Immigrant Juvenile Law, 27 J. Legis. 441 (2001); Refugee Policy Group, Minors in Immigration Proceedings: Problems of Child Welfare and Immigration Enforcement (May 1987) (available from Refugee Policy Group, 1424 16th St., N.W., Suite 401, Washington, D.C. 20036) (discussion of legal issues in providing social services to unaccompanied minors); 10 Refugee Rep. 5 (1989) (nationality breakdown of asylum approval rates); Ressler, Boothby and Steinbock, Unaccompanied Children: Care and Protection in Wars, Natural Disasters, and Refugee Movements (1988); Rodriguez, Juvenile Center Holds Overflow of Immigrants, Albuquerque J., at D1 (April 6, 1989); Cummings, U.S. Debating New Policy on Alien Minors’ Rights, New York Times (Nov. 4, 1985); Victor C. Romero, The Child Citizenship Act and the Family Reunification Act: Valuing the Citizen Child as Well as the Citizen Parent, 55 Fla. L. Rev. 489 (2003) (discussing ways in which race and class narratives related to foreign-born children adopted by U.S. citizen parents undergirded support for the Child Citizenship Act); Beth S. Rose, Comment, INS Detention of Alien Minors: The Flores Challenge, 1 Geo. Immigr. L.J. 329, 331 (1986); Irene Scharf & Christine Hess, Comment, What Process is Due? Unaccompanied Minors’ Rights to Deportation Hearings, 1988 Duke L.J. 114, 121-27 (1988) (arguing that unaccompanied alien minors fail to understand INS forms, the nature of their own rights, or the consequences of exercising or waiving those rights); Sonia Starr and Lea Brilmayer, Family Separation as a Violation of International Law, 21 Berkeley J. Int’l L. 213 (2003); Daniel J. Steinbock, The Admission of Unaccompanied Children into the United States, 7 Yale L. & Pol’y Rev. 137 (1989); D. Thronson, Choiceless Choices: Deportation And The Parent-Child Relationship, 6 Nev. L.J. 1165 (2006); David B. Thronson, Kids Will Be Kids?  Reconsidering Conceptions of Children’s Rights Underlying Immigration Law, 63 Ohio St. L.J. 979 (2002); David B. Thronson, Of Borders and Best Interests: Examining the Experiences of Undocumented Immigrants in U.S. Family Courts, 11 Tex. Hisp. J.L. & Pol’y 45 (2005); Roger J.R. Levesque, The Internationalization of Children’s Human Rights: Too Radical for American Adolescents?, 9 Conn. J. Int’l. L. 237 (1994); Gregory Zhong Tian Chen, Elian or Alien?  The Contradictions of Protecting Undocumented Children Under the Special Immigrant Juvenile Statute, 27 Hastings Const. L.Q. 597 (2000).