As more evidence emerges that the Central American children arriving at the U.S border are fleeing horrific violence, lawmakers and advocates are starting to call it as they see it. …
To qualify for asylum, a child must prove they have been persecuted in the past, or risk further threats in the future over their race, religion, nationality, membership in a particular social group or political opinion. It is up to a judge to use their discretion in each case to decide whether gang violence qualifies as persecution. The problem is then exacerbated when it’s a child who appears before an immigration court without full legal representation.
“Gang-related violence has been viewed through a lens that characterizes it as common crime,” explained Nancy Kelly …setting a high bar for those who have been persecuted by gangs. “And for a child who’s trying to go forward without an attorney, it’s next to impossible.”