No Second Chance – Inappropriate Use of Juvenile Delinquencies in Immigration Law Adjudications

Abstract:  

“Records generated by youth legal systems—or “juvenile justice systems”—are increasingly being used against young people in immigration proceedings. This practice undermines the core purpose of these youth-focused systems and can have devastating, life-altering consequences, including the denial of immigration benefits or deportation. Juvenile justice systems in the United States are founded on the recognition that children and adolescents are developmentally different from adults and require a distinct approach focused on rehabilitation rather than punishment. Rooted in the understanding that young people are still maturing, these systems are designed to support growth, foster second chances, and avoid permanent stigmatization. This article argues that the use of juvenile records in immigration proceedings functions to treat children as miniature adults and defies the underlying principles of state juvenile justice systems.”