The detention of unaccompanied immigrant minors in the United States

Authors

  • Vicente A. Sanjurjo Rivo

Keywords:

Immigration, unaccompanied minors, detainment, legal representation, due process rights, Supreme Court

Abstract

The widespread phenomenon of immigration in the United States of America recorded a particular migratory movement undoubtedly relevant due to its volume: ereunaccompanied 
minors play the leading role. This paper intends to analyze the legal treatment provided to these minors. Although under very precarious conditions, in the beginning, the unaccompanied immigrant minors had some constitutional rights acknowledged. Notwithstanding, given the increasing flow of this type of migration experienced during the 80’s, U.S. authorities adopted an even more restrictive policy aimed at increasing the number of detained minor immigrants. This new policy was essentially characterized by treating them as illegal immigrants instead of just minors, as well as holding an underlying purpose which in reality served to mask a series of other things. This policy originated a long and complex lawsuit which even reached the Supreme Court. Far from settling the dispute, the handling given to unaccompanied immigrant minors led to laying down a series of agreements and legislative initiatives, a result of the social and political debate raised on this matter, channeled towards improving conditions for unaccompanied immigrant minors as well as to provide them with legal representation. Last of all, this experience will certainly be an important lesson for Spain and Europe when it comes to dealing with this delicate issue.