Protecting a Teen from Deportation—Family Protection for Victims of Trafficking

Kathryn Chmielewski, December 14, 2017


Congress has special protections in the immigration law for noncitizens who are victims of trafficking. But despite significant resources expended by the federal government to help find these victims, very few “T visas” are granted. In 2016, an annual quote of 5,000 T visas was available, yet the Department of Homeland Security only granted 1,736.

This past month, Alexander Holtzman, an attorney and Immigrant Justice Corps Fellow at the Safe Passage Project successfully aided Fernando,* an immigrant from El Salvador, to secure derivative T-Visa status as the son of a victim of trafficking. Safe Passage Project focuses our work on protecting immigrant youth who are in removal or deportation proceedings. In October we met 13-year-old Fernando,* who entered the United States alone. Fleeing poverty, gang threat, violence, and recruitment, Fernando sought to be reunited with his mother in Long Island. Traveling on countless buses, cars, and boats to reach his family, Fernando was apprehended at the border, and detained by border patrol officials.

 

Fernando fled to the United States, fearing systematic gang violence and coercion.“It was a life or death situation,” he stated. He was arrested by border patrol and like many other unaccompanied children, was put into removal proceedings and faced likely deportation. To prevent this dangerous outcome, the best solution for Fernando was the T-Visa, a unique form of protection that was being offered to his mother. Congress has wisely allowed children of victims of trafficking to apply for a derivative T-Visa. One of the main reasons people are afraid to come forward is threats to their family here or abroad and the T-Visa is intended to address that. Fernando and his mother visited several non-profits seeking pro bono representation and legal aid in obtaining the visa. They were turned down several times.

In October 2016, Alexander Holtzman and Safe Passage Project took on Fernando’s case. After months of advocacy, the necessary waivers were granted, and the derivative T-visa was won. “Now that he is qualified for Trafficking Protection, we will move to terminate his case in immigration court.” Holtzman states.

Safe Passage Project is a non-profit organization dedicated to increasing pro bono representation of children facing immigration proceedings alone—providing training, resources, and mentoring to volunteer attorneys. Our organization fights for the rights of our clients, reuniting children with their guardians and helping young people navigate the complicated immigration system. Without Safe Passage Project it is very likely that many children like Fernando would not have status and protection in the United States.

Derivative T-Visas promote family unity. While living in El Salvador, Fernando had worried about his mother and her tenuous situation in the United States. Like many women in the region, his mother had come to the U.S. in search of work—hoping to offer her children a better life and a more assured future. Now Fernando attends West Babylon Senior High School, living with his mother and studying. Fernando’s favorite subject is Spanish and he hopes to one day become a teacher.

Safe Passage Project is funded by donations and small grants. New York Law School generously provides extensive overhead support and facilities. The Episcopal Diocese of Long Island also provides free office space for the use of the Safe Passage Project team. Over one-half of the children facing deportation in the New York City immigration court live in Nassau or Suffolk counties on Long Island. There is no free legal aid inside the immigration court system. Please consider donating to support our mission. Your work can transform a life.

We are seeking to raise $50,000 before the end of the year and our Board has agreed to match those funds. Please donate today:

https://www.flipcause.com/secure/cause_pdetails/MjY1NzI=

For more information on recognizing the signs of human trafficking click here.

*Name has been changed to protect client’s identity.