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Saturday, March 5, 2005

Bill aims to aid young border crossers

Sergio Bustos
Washington Bureau

WASHINGTON -- Iduin Rosado-Nerio traveled alone to the United States from his native Guatemala last fall, saying that gang members had murdered his uncle and brother and had threatened to kill him, too.

His illegal journey ended in September, when Border Patrol agents caught him in New Mexico.

But things got worse for the 16-year-old. The agents who caught him couldn't verify his age, so they sent him to an adult prison in Las Cruces.

"Nobody believed he was a child, and he was never explained his rights," said Pamela Hernandez, an immigrant advocate in El Paso who tried at the last minute to help Iduin stay in the United States.

Her efforts failed. In early February, Iduin was deported to an uncertain future in Guatemala.

His experience is typical of what happens to thousands of immigrant children who enter the country illegally without a parent or relative. Immigration advocates say those children typically face an intimidating legal process without benefit of a lawyer or other support.

Sen. Dianne Feinstein, D-Calif., is so troubled by the children's plight that she is again urging Congress to approve her bill to ensure unaccompanied immigrant children aren't treated as adults or criminals by federal immigration authorities. Previous legislation passed the Senate but died in the House.

Her bill, the Unaccompanied Alien Child Protection Act, has bipartisan backing in the Senate. Eight Democrats and eight Republicans are co-sponsors.

Among Feinstein's list of supporters: Oscar-winning actress Angelina Jolie. Tuesday, she will speak to the National Press Club about the hardships immigrant children face when they arrive alone to the United States.

Feinstein's bill would let the federal government hire child welfare workers to serve as guardians for immigrant children. Another key provision would set up a system to provide children a lawyer free.

"Imagine the fear of an unaccompanied alien child, in the United States alone, without a parent or guardian," Feinstein said. "Imagine that child being thrust into a system he or she does not understand, provided no access to pro bono counsel or guardians, placed in jail with adults with juveniles with serious criminal convictions."

Iduin is a case in point. When he appeared in immigration court, he didn't have a lawyer, so he didn't know he could contest a judge's deportation order. He also didn't know that his mother's legal status in the United States could have helped him remain.

Backing Feinstein's arguments is a scathing Amnesty International USA report issued in 2003 that documented inhumane treatment of unaccompanied immigrant children.

It found, children often were locked up with juveniles convicted of crimes and were denied education and exercise. Many had to face government lawyers alone because they had no lawyer.

Dr. Wade Horn, a top official in the Department of Health and Human Services, said his department was working to expand bed space and provide medical and mental health services for immigrant children in federal custody.

The number of children under the department's care grew during the past two years, rising from 4,792 in 2003 to 6,200 last year, Horn said.

Wendy Young, an advocate who has testified before Congress about unaccompanied immigrant children, said Feinstein's bill would go a long way toward giving those children a chance to be heard.

"We have immigrant kids appearing in court with no lawyer at all, making it difficult for them to avoid deportation," said Young, who works with the New York-based Women's Commission for Refugee Women and Children.

Critics of aggressive border enforcement say it has forced many undocumented immigrant parents turn to smugglers to get their children into the country because they don't want to risk traveling home themselves.

That's a familiar story to the staff at Las Americas Immigrant Advocacy Center in El Paso, said Liliane Alam, the center's executive director. The number of unaccompanied immigrant children has doubled in the past year in El Paso and shows no sign of waning.

"The problem isn't going to go away anytime soon," she said. "These children deserve justice."

Sergio Bustos may be reached at sbustos@gns.gannett.com; (202) 906-8109.