NCJ Number
115565
Journal
Duke Law Journal Volume: 1988 Issue: 1 Dated: (February) Pages: 114-128
Date Published
1988
Length
15 pages
Annotation
The article reports that the denial of deportation hearings to unaccompanied minors is a serious problem involving the due process rights of many thousands of children under the age of 17 each year.
Abstract
Many of these unaccompanied minors are illiterate in the English language, are often denied adequate translators, and are ignorant of American culture and judicial practice. When they do not have the advice of counsel, the youngsters are unable to knowingly, intelligently, and voluntarily waive their rights to a deportation hearing and their waivers are invalid. The solution for such unaccompanied minors is mandatory deportation hearings that cannot be waived, thus protecting the minors' due process rights and ensuring their statutory rights to apply for political asylum, suspension of deportation, refugee status, and adjustment of status. 98 footnotes.