What are the legal rights of a child in an immigration detention center?

In Delaware, children in an immigration detention center have the right to legal representation during their detention. This right comes from the US Department of Justice (DOJ). The DOJ has issued a memorandum stating that immigrants in detention, regardless of their age or nationality, are entitled to legal representation and access to legal materials. Children also have a right to be treated with respect in a safe and secure environment, regardless of their immigration status. This means that they cannot be detained in an adult facility, must have access to health care services and necessary mental health services, and must be provided humane conditions of confinement. Children have the right to take part in proceedings that affect them. This includes the right to apply for relief from removal or protection from deportation. They also must be allowed to communicate with their parents, families, attorneys, and other loved ones. This communication must be facilitated in a way that takes into account both the child’s safety and best interest. Children also have the right to be treated with respect and with dignity, and to be able to express their opinion. A child’s opinion should be taken into consideration in any decision regarding them. Lastly, children in immigration detention centers have the right to choose whether or not they would like to remain in the detention center. They must be given the opportunity to leave or be released if they choose to do so.

Related FAQs

How can I find a lawyer who specializes in child advocacy law?
What is the role of a child advocate?
How can a child's right to equality be protected?
What legal actions can be taken to protect a child from exploitation?
What legal rights does a child have regarding access to health care?
What types of rights do children have under International Law?
How can the court protect a child's legal rights?
What can be done to ensure a child's right to participate in decisions affecting their lives is respected?
What are the responsibilities of child advocates to the children they serve?
What legal rights does a child have when facing separation or divorce?

Related Blog Posts

5 Reasons to Get Expert Advice on Child Advocacy Law - July 31, 2023
The Benefits of Seeking Help from a Child Advocacy Lawyer - August 7, 2023
Securing the Best Outcome for Children in Legal Matters: How a Child Advocacy Lawyer Can Help - August 14, 2023
What You Need to Know When Choosing a Child Advocacy Lawyer - August 21, 2023
Tips for Parents to Navigate Child Advocacy Law - August 28, 2023