The United States government has deported the lawful immigrant parents of nearly 88,000 citizen children in just a decade, according to a new report released today from the University of California, Berkeley, and the University of California, Davis law schools.
The report, "In the Child's Best Interest?," finds that forced removal of lawful permanent resident parents (or green card holders) convicted of relatively minor crimes can lead to psychological harm, behavioral changes, and disruptions in the health and education of tens of thousands of citizen children.
The report, based primarily on new analysis of data provided by the U.S. Department of Homeland Security, is a joint project of the International Human Rights Law Clinic and the Chief Justice Earl Warren Institute on Race, Ethnicity and Diversity at the University of California, Berkeley, School of Law; and the Immigration Law Clinic at the University of California, Davis, School of Law.
Drastic revisions to U.S. immigration laws in 1996 have led to large numbers of deported lawful permanent residents (LPRs) who now make up nearly 10 percent of immigrants deported from the U.S. More than 68 percent of this group is deported for minor crimes, including driving under the influence, simple assault, and non-violent drug offenses.
The revised immigration laws now severely restrict the ability of judges to consider the impact of deportation on children. In the Child's Best Interest? recommends restoring judicial discretion in all cases involving the deportation of LPRs with U.S. citizen children.
"As Congress considers immigration reform, it's time to focus on how the current system tears apart families and threatens the health and education of tens of thousands of children," said Aarti Kohli, director of immigration policy at Berkeley Law's Warren Institute. "This report makes a strong case for restoring judicial discretion so immigration judges can weigh the best interests of children when deciding whether to deport a parent."
The report found that, in the decade between April 1997 and August 2007, the U.S. deported nearly 88,000 lawful permanent residents for mostly minor criminal convictions. These deported legal residents had lived in the U.S. an average of 10 years, and more half of them had at least one child living at home. Approximately 50 percent of the children were under the age of 5 when their parent was deported.
In 1996, Congress also significantly broadened the category of crimes considered an "aggravated felony." Although this category initially included only the most serious offenses, it now includes non-violent theft and drug offenses, forgery, and other minor offenses, many of which may not even be felonies under criminal law. Lawful permanent residents convicted of an aggravated felony are now subject to mandatory deportation and other severe immigration consequences.
"Parents who are deported on the basis of criminal convictions are being punished twice for the same mistakes," said Raha Jorjani, clinical professor at the Immigration Law Clinic at UC Davis. "Even after successfully completing their criminal sentences, they are subject to penalties within the immigration system—and risk losing their families. It's often the children in these families that suffer the most. This nation should take into consideration the impact on families of uprooting individuals with such strong ties to the U.S."
Families interviewed for the study reported negative health impacts, such as increased depression, sleeplessness, and anxiety. Children also reported plummeting grades, increased behavioral problems, and the urge to drop out of school to help support the family.
The study compares U.S. immigration policy to international standards that more adequately address potential family separations in deportation hearings.
"The rights to health and education are firmly entrenched in international human rights law, and nearly every major human rights treaty recognizes the need for special protection of children," said Laurel Fletcher, director of the International Human Rights Law Clinic at Berkeley Law. "The U.S. should consider revising its policy to mirror European human rights standards, which permit judges to balance a nation's security interest with the best interests of the child when considering deporting a parent."
In the Child's Best Interest? makes a number of recommendations to U.S. policymakers, which include:restoring judicial discretion in cases involving the deportation of lawful permanent residents who have U.S. citizen children;
Co-authors of the study include J.D. candidates and research analysts at UC Berkeley School of Law and UC Davis School of Law.
About the Clinics
International Human Rights Law Clinic, University of California, Berkeley, School of Law: The International Human Rights Law Clinic (IHRLC) implements innovative human rights projects to advance the struggle for justice on behalf of individuals and marginalized communities through research, advocacy, and policy development. The clinic employs an interdisciplinary model that leverages the intellectual capital of the university to provide innovative solutions to emerging human rights issues and develops collaborative partnerships with researchers, scholars, and human rights activists worldwide. Students are integral to all phases of the IHRLC's work and acquire unparalleled experience employing strategies to address the most urgent human rights issues of our day. For more information, visit: www.humanrightsclinic.org.
Chief Justice Earl Warren Institute on Race, Ethnicity and Diversity, University of California, Berkeley, School of Law: The Chief Justice Earl Warren Institute on Race, Ethnicity and Diversity (Warren Institute) is a multi- disciplinary, collaborative venture to produce research, policy reforms, and curricular innovation on issues of racial and ethnic justice in California and the nation. The institute's mission is to engage the most difficult topics in a wide range of legal and policy subject areas, providing valuable intellectual capital to public and private sector leaders, the media, and the general public, while advancing scholarly understanding. Central to its methods are concerted efforts to build bridges connecting research, civic action, and policy debate so that each informs the other, while preserving the independence, quality and credibility of the academic enterprise. For more information, please visit: www.warreninstitute.org.
Immigration Law Clinic, University of California, Davis, School of Law: The Immigration Law Clinic (ILC) provides legal representation to indigent non-citizens in removal proceedings before U.S. Immigration Courts, the Board of Immigration Appeals, and federal courts, including the Ninth Circuit Court of Appeals. The ILC provides this necessary service to Northern California's low-income immigrant communities while enabling students to gain practical, real-world experience. ILC students take on all major aspects of litigation, including interviewing clients and witnesses, preparing legal briefs, drafting pleadings and motions, and arguing complex legal issues. The ILC regularly conducts naturalization and other workshops in the community. Responding to the impact of increased collaboration between criminal and immigration enforcement agencies, the ILC has been at the forefront of indigent detention and deportation defense.
The importance of biodiversity in forests could increase due to climate change
17.11.2017 | Deutsches Zentrum für integrative Biodiversitätsforschung (iDiv) Halle-Jena-Leipzig
Win-win strategies for climate and food security
02.10.2017 | International Institute for Applied Systems Analysis (IIASA)
The formation of stars in distant galaxies is still largely unexplored. For the first time, astron-omers at the University of Geneva have now been able to closely observe a star system six billion light-years away. In doing so, they are confirming earlier simulations made by the University of Zurich. One special effect is made possible by the multiple reflections of images that run through the cosmos like a snake.
Today, astronomers have a pretty accurate idea of how stars were formed in the recent cosmic past. But do these laws also apply to older galaxies? For around a...
Just because someone is smart and well-motivated doesn't mean he or she can learn the visual skills needed to excel at tasks like matching fingerprints, interpreting medical X-rays, keeping track of aircraft on radar displays or forensic face matching.
That is the implication of a new study which shows for the first time that there is a broad range of differences in people's visual ability and that these...
Computer Tomography (CT) is a standard procedure in hospitals, but so far, the technology has not been suitable for imaging extremely small objects. In PNAS, a team from the Technical University of Munich (TUM) describes a Nano-CT device that creates three-dimensional x-ray images at resolutions up to 100 nanometers. The first test application: Together with colleagues from the University of Kassel and Helmholtz-Zentrum Geesthacht the researchers analyzed the locomotory system of a velvet worm.
During a CT analysis, the object under investigation is x-rayed and a detector measures the respective amount of radiation absorbed from various angles....
The quantum world is fragile; error correction codes are needed to protect the information stored in a quantum object from the deteriorating effects of noise. Quantum physicists in Innsbruck have developed a protocol to pass quantum information between differently encoded building blocks of a future quantum computer, such as processors and memories. Scientists may use this protocol in the future to build a data bus for quantum computers. The researchers have published their work in the journal Nature Communications.
Future quantum computers will be able to solve problems where conventional computers fail today. We are still far away from any large-scale implementation,...
Pillared graphene would transfer heat better if the theoretical material had a few asymmetric junctions that caused wrinkles, according to Rice University...
15.11.2017 | Event News
15.11.2017 | Event News
30.10.2017 | Event News
17.11.2017 | Physics and Astronomy
17.11.2017 | Health and Medicine
17.11.2017 | Studies and Analyses