3 Brentwood children given asylum in unusual ruling
BY DAVE MARCUS | dave.marcus@newsday.com
9:22 PM EDT, September 12, 2008

A federal immigration judge has granted asylum to three Brentwood children who said they had been abused in their home country of Honduras. The unusual decision, announced by the family Friday and immediately condemned by anti-immigration groups, could set a precedent for other immigrants who claim abuse, legal scholars said.

"We are happier than words can express," said the children's father, Margarito Mejia, a contractor. "What a great country this is."

Mejia's lawyer, David Sperling of Central Islip, said officials are showing a humanitarian attitude toward children who have suffered abroad even as the Justice Department has declared it will crack down on immigrants who enter the country illegally.

The Department of Homeland Security, which opposed asylum, has 30 days to decide whether to appeal the ruling. Sperling called the judge's decision "bulletproof" and said he doesn't expect an appeal.

Groups that call for tougher enforcement of immigration laws condemned the ruling.

"It's unfortunately part of a trend where asylum is expanding to areas it was never meant for," said Mark Krikorian, executive director of the Center for Immigration Studies, a Washington think tank.

Legal experts said they know of no previous cases in which a federal judge granted asylum to those claiming sexual abuse.

Professor Lauris Wren, director of Hofstra University's Political Asylum Clinic, called the Mejia decision "very significant," and added, "It's paving the way for future cases."

Under immigration law, refugees are eligible for asylum if they've been persecuted because of race, religion, political opinion, national origin or membership in a particular social group. Judge Gabriel Videla interpreted the law in an unusual way, saying the children were members of "a particular social group abandoned by their parents."

The children's mother left them after Hurricane Mitch flooded parts of Honduras and destroyed their home in 1998. Their father came to the United States legally, under a rule that granted Hondurans work permits after the hurricane.

In 2005, immigration agents caught his son and two daughters sneaking into Texas from Mexico. The children were detained, then released to await a hearing. The girls said they had been sexually abused by a male cousin, and their brother said he had been beaten constantly.

"The children's vulnerability was reason for their caretakers to exploit, abuse and persecute them," the judge wrote. "The children, from a very young age, have suffered astonishing hardship."

With asylum, the children next year can become permanent residents, or green-card holders. They will be eligible for citizenship in five years.

The children reacted with elation Friday. The oldest girl, who is 15, said she wants to be a doctor. Her 14-year-old sister said she wants to be a lawyer. And their 11-year-old brother said he wants to be a police officer.

"They can go to college here, the doors are completely open," Sperling said. "It's the American dream for these kids."
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