Switch to ADA Accessible Website
Orlando Criminal Lawyer

Immigrant Children Locked Up In Juvenile Detention Centers without Committing Crimes

DefRights

On July 10th, Mother Jones ran an important story on immigrant juveniles being locked up in U.S. juvenile prisons without having ever committed any crimes. According to the report, they aren’t locked up in just any juvenile detention center; but rather, facilities that have reputations for abusing the children kept there.

According to the report, there are currently a number of claims that the Office of Refugee Resettlement is holding mass numbers of immigrant children in jail-like conditions at these juvenile detention centers and similar facilities, claiming that they are dangerous and refusing them the right to refute allegations made against them. Reportedly, some have even been sent to psychiatric facilities, where they are forced to take powerful psychotropic drugs without first giving their consent.

What the Law Dictates

Under the law, the only circumstances under which a minor can be held in juvenile hall are if they have committed a violent crime or threatened violence. After 30 days at any one of these facilities, the Office of Refugee Resettlement is supposed to review the child’s case and consider whether they can be released or moved to a low-security shelter, and if the child believes he has been committed in error, they have the right to file an action in federal district court.

Civil Rights Violations

These minors have arguably been the victims of indefinite civil commitment without the due process of law; unable to be released until deemed fit, but denied the administrative hearings necessary to make their case. This not only violates the Fifth Amendment, which mandates due process of law, but a 1997 federal court decision (Flores) which limits the detention of immigrant minors and requires those that are held to be kept in the “least restrictive settings possible.”  Reports out of these facilities are that these children, their parents, and any relevant attorneys have not been given the opportunity to participate in any proceedings. Minors held in the facilities have reported back that they aren’t even told that they have the right to file an action and seek counsel, where a significant majority of them are found to be not dangerous.

Now, many believe that the Office of Refugee Resettlement is indefinitely detaining these minors and depriving them of their rights all while making it so very difficult for parents and other guardians to take these minors back. Not only must family members produce documentation proving that they are financially secure and safe, but families must also allow inspectors into their homes and everyone in their household to be fingerprinted.

A number of parents have been turned away because they are deemed “unfit” by the authorities, as justified for the following reasons:

  • A mother denied because officials found gang graffiti several blocks from her home;
  • Parents turned away because they could not pay for medication the children were forced to take while in custody; and
  • Others told that they cannot have their children back because they already have too many young children living at home.

Florida Civil Rights Attorney

If you or your child has been illegally detained, contact the Baez Law Firm in Orlando today to find out how we can help.

Resource:

motherjones.com/crime-justice/2018/07/immigrant-kids-are-being-sent-to-violent-juvenile-halls-without-a-trial/

  • Facebook
  • Twitter
  • LinkedIn
Miami

Miami Office

1200 Brickell Avenue, Suite 1410
Miami, FL 33131
Office: 305-999-5100
Fax: 305-999-5111
Orlando

Orlando Office

250 N Orange Ave, Suite 750
Orlando, FL 32801
Office: 407-705-2626
Fax: 407-705-2625

Email Us

Fields Marked * Are required

DISCLAIMER: Completing and submitting this form or otherwise merely contacting The Baez Law Firm or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with The Baez Law Firm. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar The Baez Law Firm from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.

protected by reCAPTCHA Privacy - Terms
Please review the highlighted fields. They are required.
DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
MileMark Media - Practice Growth Solutions

© 2015 - 2024 Baez Law Firm. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.

Contact Form Tab Contact Form Tab