What are the legal rights of a child in an immigration detention center?
In Illinois, a child’s legal rights in an immigration detention center are determined by both federal and state laws. The Illinois Juvenile Court Act of 1987 ensures that any child in the state of Illinois, regardless of their immigration status, is afforded certain legal rights, including the right to an attorney and the right to a speedy trial. Under federal law, the Flores Settlement Agreement ensures that all minors held in an immigration detention center are provided with basic necessities like food, water, clothing, medical and dental care, and access to legal representation. Federal law also dictates that any child taken into custody must be held in the least restrictive environment, meaning that they should not be held for extended periods of time and should not be placed in solitary confinement or in an adult detention facility. When it comes to legal rights of children in immigration detention, the Child Advocacy Law in Illinois is clear: Every child in the state has the right to an attorney for any court proceedings they may be involved in. If a child is detained in an immigration detention center, they also have the right to an attorney who can advise them on their legal rights and immigration options. In addition, they have the right to be represented by a representative of their choosing at both the immigration court and the removal proceedings.
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