SAFE REPATRIATION MEANS VOLUNTARY, DIGNIFIED, AND SAFE RETURN HOME
As the Trump administration’s unlawful attempt to deport dozens of children over Labor Day weekend raises legal questions over when and how the government facilitates children’s safe repatriation, it’s imperative to understand what safe repatriation is and looks like.
Safe repatriation is defined as the voluntary and dignified return of a person to their country of origin, in a way that ensures their physical safety, dignity, and access to basic services and resources upon return.
Because repatriation can be a life-altering process it’s vital that decision-makers in a child’s case be impartial and take steps to ensure a child’s safety and family’s capacity to receive them, and to respect their culture and identity before the child’s return.
This is why the Young Center Safe Repatriation Program advocates for children’s right to dignified treatment, due process and procedural safeguards when a child is returning to their country. A recent, successful example of our safe repatriation team at work involves Javier, a 17-year-old boy with disabilities, who was placed in U.S. federal custody after a long journey through Central America and appointed a Young Center Child Advocate.
Though Javier had traveled to live with family in the U.S., they were not able to sponsor his release from federal custody because of recent policy changes that make it nearly impossible for children to live with family members while their cases progress through immigration court. When Javier decided to return to his country of origin and reunite with his family there, the Young Center partnered with stakeholders in his home country to conduct a safety assessment that t was trauma-informed and culturally appropriate. The assessment included conversations with Javier’s family that centered around determining their willingness and capacity to care for him.
With Javier’s consent, an attorney in the Acacia Legal Service Provider network represented him in immigration court to request his voluntary departure back home. The Young Center was there every step of the way, providing recommendations to Javier’s attorney and the court on how to protect Javier’s best interests in this process. Our recommendations were informed by an independent assessment we had facilitated in Javier’s home country to better understand the supports and needs he would experience on his return. Beyond merely supporting Javier’s request to return home, we successfully advocated for safeguards, including advance notice to Javier, his family, attorney, and Child Advocate of his travel arrangements, and necessary language and disability accommodations during his travel.
However, when Javier arrived in his home country, the government deliberately delayed his reunification with his family. This is part of a pattern of deterrence practices by some governments that effectively punish migrants for seeking safety. In response, the Young Center advocated with officials in Javier’s country for his release.
Javier’s case is an example of how our Safe Repatriation team works diligently to gather information about the child’s repatriation conditions. We partner with experts in children’s home countries to ensure we view the information from a culturally informed lens, and we work with partners in those countries to inform us about common practices or local systems that may impact children’s experiences when they return. Our work strives for a system that is equitable and just for all children and relies heavily on our ability to build community with international partners who are equally committed to our mission and the safety and wishes of the children we serve.
Moreover, Javier’s case shows how a safe repatriation process can recognize children’s individuality, humanity and dignity. Such a process considers children’s safety, support needs and includes a culturally competent assessment of the environment they would return to. This requires, at minimum that any process in the United States includes adjudicating any pending claims for humanitarian protection like asylum or Special Immigrant Juvenile Status; coordinating and clearly communicating logistics such as travel documents, transportation, and communication with children, caregivers and government officials ; ensuring safeguards are in place so children are not stressed or retraumatized and are received by family with community support; and providing support so the child is not left vulnerable or without resources upon arrival.
In stark contrast, the Trump administration’s attempted midnight return operation loaded dozens of children on planes against their will and with no court process, no advance notice and no time to prepare. So intense was the children’s shock and fear that one girl vomited from fright. Some of the children told their attorneys that their parents had not been aware until they were alerted in the middle of the night that they would be returning. The Guatemalan government confirmed that most parents were either unidentified, unresponsive or fearful that their children would be sent back to dangerous situations.
Had the planes not been stopped on the tarmac by advocates, including the Young Center, the Trump administration would have proceeded with mass deportations of more than 600 children to unsafe situations in Guatemala. Neither government had made appropriate arrangements for reception or follow-up in Guatemala. One thing is clear: none of these children would have received the level of consideration, care, attention, and follow up Javier’s case did through their alleged “safe repatriation process.”
Whether a child wishes to remain in the U.S., has requested to repatriate or has been ordered removed, their safety should always come first. The systems they are engaging with should listen to and follow the expertise of independent, impartial and experienced stakeholders, such as the Young Center and our international partners.
So it’s not just about sending a child back, but making sure the return process is handled responsibly and with protections in place. Children who decide to go back home are entitled to dignified treatment, safety, and support. And if it hasn’t been said enough: No child should be woken up in the middle of the night and rushed onto planes without notice or the chance to be heard.
By Estrellita Alvarado, Young Center Safe Repatriation Team & Abena Hutchful, Young Center Policy Team
