The INA and Central American Minors: Why Do We Deny Protection for Them?

Abstract

The Immigration and Nationality Act (INA), the primary law governing immigration in the US, carries extreme consequences for applicants with a criminal history without regard for whether the criminal activity was the result of force or coercion. This article explores how the US immigration system routinely denies protection to Central American minors trafficked for exploitation in criminal activities by gangs in three areas of immigration law: inadmissibility grounds, bars to asylum, and detention. We provide case examples of two common forms of humanitarian relief for this population, the T nonimmigrant visa (T visa) and Special Immigrant Juvenile Status (SIJS), to show how our immigration system frequently denials protection to these minors.