The Five-Year-Old Who Was Detained at the Border and Persuaded to Sign Away Her Rights | The New Yorker

peter.suber's bookmarks 2018-10-12

Summary:

"According to a long-standing legal precedent known as the Flores settlement, which established guidelines for keeping children in immigration detention, [5 year old] Helen had a right to a bond hearing before a judge; that hearing would have likely hastened her release from government custody and her return to her family. At the time of her apprehension, in fact, Helen checked a box on a line that read, “I do request an immigration judge,” asserting her legal right to have her custody reviewed. But, in early August, an unknown official handed Helen a legal document, a “Request for a Flores Bond Hearing,” which described a set of legal proceedings and rights that would have been difficult for Helen to comprehend. (“In a Flores bond hearing, an immigration judge reviews your case to determine whether you pose a danger to the community,” the document began.) On Helen’s form, which was filled out with assistance from officials, there is a checked box next to a line that says, “I withdraw my previous request for a Flores bond hearing.” Beneath that line, the five-year-old signed her name in wobbly letters...."

Link:

https://www.newyorker.com/news/news-desk/the-five-year-old-who-was-detained-at-the-border-and-convinced-to-sign-away-her-rights

From feeds:

Consent and coercion » peter.suber's bookmarks

Tags:

consent competence children harm

Date tagged:

10/12/2018, 10:01

Date published:

10/12/2018, 06:03