Resources for Unaccompanied Immigrant Children

United Nations Convention on the Rights of the Child

Adopted by the United Nations' General Assembly on November 20, 1989 and registered on September 2, 1990, the Convention on the Rights of the Child is a multi-lateral treaty that remains open for signatures.  It was signed by the United States on February 16, 1995.  Found at 1577 U.N.T.S. 3, the treaty focuses on four areas that impact children:

1)  non-discrimination;

2)  best interests of the child;

3)  right to life, survival, and development; and

4)  participation.

Homeland Security Act, 6 U.S.C. §§101 - 629 (2012 & Supp.)

Immigration and Nationality Act, 8 U.S.C. §§1101-1537 (2012 & Supp.)

Trafficking Victims Protection Act, 22 U.S.C. §§7101-7113 (2012 & Supp.)

Violence Against Women Act, 42 U.S.C. §13701 (2012 & Supp.)

To prevent removal of immigrant children, there are five general forms of relief available:

Asylum @ 8 U.S.C. §1158 (2012 & Supp.);

SIJS (Special Immigrant Juvenile Status) @ 8 U.S.C. §1101(a)(27)(j) (2012 & Supp.);

T Visa @ 8 U.S.C. §1101(t) (2012 & Supp.)

U Visa @ 8 U.S.C. §1101(u) (2012 & Supp.)

Violence Against Women @ 42 U.S.C. §13701 (2012 & Supp.)

8 C.F.R. §236.3 (2015.)

8 C.F.R. §1236.3 (2015.)

 The most important case in the unaccompanied child immigrant cases is known as the Flores Settlement of 1997 which is explained here. 

See also:

United States Supreme Court

Reno v. Flores, 507 U.S. 292 (1993.)

United States Court of Appeals for the 9th Circuit

Flores v. Meese, 681 F. Supp. 665 (C.D. CA 1988) & 942 F.2d 1352 (9th Circ. 1991.)

United States District Court for the Western District of Texas

Bunikyte v. Chertoff, 2007 WL 1074070 (W.D. TX 2007.)

ABA Model Rules of Professional Responsibility

  Rule 1.14 Client with Diminished Capacity

Additional Model Rules are applicable since lawyers who have clients with diminished capacity, which includes minority, are instructed to maintain a "normal client-lawyer relationship."

  Rule 1.1 Competence

  Rule 1.2 Scope of Representation and Allocation of Authority Between Lawyer and Client

  Rule 1.3 Diligence

  Rule 1.4 Communications

  Rule 1.5 Fees

  Rule 1.6 Confidentiality 

South Carolina Rules of Professional Conduct, Rule 407

  Rule 1.14 Client with Diminished Capacity

  This rule is identical to ABA Model Rule 1.14.

American Bar Association

  Meredith Linsky and Linda Britton, Ethical Issues in UAC Cases