septembre. 1, 2017
En août 30, 2017, la Tennessee Court of Appeals issued the state’s first opinion on Special Immigrant Juvenile Status. La décision du tribunal assure que les juges ne peuvent pas refuser arbitrairement les enfants d'immigrants vulnérables la possibilité de rester dans le Tennessee après avoir fui la violence, l'abandon ou de négligence dans leur pays d'origine.
Many of MIA’s clients are eligible to apply for legal immigration status and protection from deportation through Statut d'immigrant spécial juvénile (sikhs). To apply for this status with NOUS. Services de citoyenneté et d'immigration, a child must prove that he or she has been abused, abandonné, or neglected by one or both parents and that it is not in the child’s best interest to be returned to his or her country of birth or nationality. To demonstrate eligibility, federal immigration law requires applicants to demonstrate that a state court has made these factual findings consistent with state child welfare laws.
In October 2016, a Tennessee judge found that he did not have jurisdiction to determine whether it was in our client’s “best interest” to remain under the care of his family members in Tennessee or to be deported to a country where he was forced to drop out of school at age 12 to work in the corn fields after his father abandoned his family. Parce que le juge a refusé de faire cette constatation, notre client est resté vulnérable à la déportation, meaning he would have to leave school once again, involuntarily returning to a place where he was barely subsisting.
The Tennessee Court of Appeals found that judges cannot abrogate their responsibility to make this finding; rather, a judge must make this specific “best interest” finding in a manner consistent with Tennessee child welfare law, irrespective of the child’s nationality or immigration status.
This ruling supports Tennessee’s most vulnerable immigrant children, ensuring that many will be able to continue enjoying the benefits of living a life of safety and dignity with their families and legal guardians in Tennessee.