The Five-Year-Old Who Was Detained at the Border and Persuaded to Sign Away Her Rights

Helen’s mother, Jeny, had migrated to Texas four years earlier, and Noehmi planned to seek legal refuge there. 

…Noehmi said that the official told her, “Don’t make things too difficult,” and pulled Helen from her arms. “The girl will stay here,” he said, “and you’ll be deported.” Helen cried as he escorted her from the room and out of sight. 

…The next day, authorities—likely from the Office of Refugee Resettlement (O.R.R.)—called to say that they were holding Helen at a shelter near Houston; according to Noehmi, they wouldn’t say exactly where. 

…According to a long-standing legal precedent known as the Flores settlement, which established guidelines for keeping children in immigration detention, Helen had a right to a bond hearing before a judge; that hearing would have likely hastened her release from government custody and her return to her family. At the time of her apprehension, in fact, Helen checked a box on a line that read, “I do request an immigration judge,” asserting her legal right to have her custody reviewed. But, in early August, an unknown official handed Helen a legal document, a “Request for a Flores Bond Hearing,” which described a set of legal proceedings and rights that would have been difficult for Helen to comprehend. (“In a Flores bond hearing, an immigration judge reviews your case to determine whether you pose a danger to the community,” the document began.) On Helen’s form, which was filled out with assistance from officials, there is a checked box next to a line that says, “I withdraw my previous request for a Flores bond hearing.” Beneath that line, the five-year-old signed her name in wobbly letters.

The Five-Year-Old Who Was Detained at the Border and Persuaded to Sign Away Her Rights | The New Yorker

Jeezus….

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