When Special Immigrant Juveniles and Trial Courts Intersect: The Value of Data-Informed Case Management

Danielle Fox ,Rick Dabbs,Hisashi Yamagata,Esq Madeleine Jones ,Esq Marianne Hendricks ,Esq Lili Khozeimeh

doi:10.18352/ijca.229

Abstract

In recent years, the United States experienced a large influx of unaccompanied alien children (UAC). While state courts do not adjudicate the immigration status of UAC, depending on the circumstances, courts may find themselves involved in the process by which UAC seek immigration relief. Special Immigrant Juvenile Status (SIJS) is a designation under the US Immigration and Nationality Act of 1990 to assist such children obtain temporary immigration relief and possibly lawful permanent residency. Obtaining SIJS requires specific factual findings to be made by a state juvenile court in a predicate order. The influx of UAC has resulted in increases in cases with SIJS requests experienced by state courts nationwide. This article describes a Maryland trial court’s evolving approach to the management of these cases and the use of data to inform and guide that evolution.

Highlights

A portion of global migration includes unaccompanied alien children[2] (UAC) (Simich and Mallozzi, 2015; Levinson, 2011)
The influx of UAC has resulted in increases in cases with Special Immigrant Juvenile Status (SIJS) requests experienced by state courts nationwide
The average number of UAC arriving in the US who were under the custody of the US Department of Health and Human Services (HHS) increased eightfold from 7,100 per year[3] between Federal Fiscal Years (FedFYs)4 2003-2011 to 57,500 in FedFY20145 (HHS, 2016; Government Accountability Office (GAO), 2016)

Summary

Introduction

A portion of global migration includes unaccompanied alien children[2] (UAC) (Simich and Mallozzi, 2015; Levinson, 2011). 3. Management of Custody and Guardianship Cases with SIJS Requests Between Fiscal Year 2014 (FY2014) and FY2016,23 a total of 26,807 original family law cases were filed with Montgomery County Circuit Court. Custody cases with SIJS requests After filing a petition for custody and a request for SIJS findings with the court,[27] clerk personnel determined if service was achieved based on the additional papers filed with the petition Following this initial service determination, family case managers[28] conducted their service review process pursuant to Maryland Rules 2-121 to 2-126 and removed the scheduling hearing from the magistrate’s docket (once service was established).[29] The case file was sent to the judge designated to preside over the custody issue. The critical review sheets inform judicial officials about the posture of the case prior to the custody (or guardianship) and SIJS hearings

Findings

Discussion

Conclusion