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Young Migrants May Request Asylum, But It's Hard To Get

Immigration and Custom officials standby as a woman and child, who were deported from the United States, deplane at the San Pedro Sula airport in Honduras on July 18, 2014.


AP, Esteban Felix



Maria Cristina Garcia, a professor of immigration and refugee history at Cornell University, spoke with Morning Edition‘s Steve Inskeep about the law that’s likely to be applied in these cases.

How does one become eligible for asylum in the U.S.?


  • Have been singled out for persecution because of their race, nationality, religion, membership in a particular social group, or political opinion.
  • Could not have received protection from their home government.
  • Face imminent danger if they return to their country of origin
  • Do not pose any national security risk to the U.S.

How are immigration hearings different than criminal court hearings?

There is no presumption of innocence. “In immigration hearings, there is a presumption of guilt and deception until merit or worthiness is demonstrated,” Garcia said.

Also, unlike criminal court, there is no guarantee of legal representation. Asylum seekers might receive a hearing, but no attorney is provided to them. For that reason, advocacy organizations are scrambling to arrange pro-bono representation for many of the recently arrived immigrants.

What is Temporary Protective Status?


It’s one alternative legal route that “might be available to the unaccompanied children,” according to Garcia.

TPS isn’t ideal: It doesn’t provide an avenue to normalize one’s status, nor does it offer the rights and privileges that citizenship offers. Still, if someone is desperate and in need of safe haven, TPS could provide a valuable temporary fix.


So, does Congress really need to act?

Not according Garcia. “So many people are talking about immigration reform and the need for Congress to come back and finally pass some omnibus immigration reform package,” she told Inskeep. “But there are resources within the existing law that the administration could explore if it chose to do so to accommodate these children.”

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