July 30, 2008 - 12:24

Stark, Becerra reaching out to assist immigrant foster children

Pete Stark, dean of the California Congressional Delegation, reached out to the nation's population of immigrant foster children this week, hopefully giving them a better chance to improve their lives by being allowed to legally stay in the U.S.

Stark (D-Fremont) and Xavier Becerra (D-Los Angeles) introduced House Resolution 6649, the "Foster Children Opportunity Act."

"We must provide all foster children with every possible opportunity to succeed," Stark said in a statement.  "This legislation will help thousands of abused and neglected children leave foster care with a fighting chance of becoming productive and healthy adults.  The status quo of allowing children to leave care as illegal immigrants is unacceptable."

According to Stark, certain undocumented children in the child welfare system, who have been abused or neglected, are eligible to become legal permanent residents under the Special Immigrant Juvenile Status (SIJS) provisions of existing immigration law. In order to obtain legal residency under SIJS, a child must be under 21 years of age and under the jurisdiction of a juvenile court, unmarried, have been abused, abandoned, or neglected, have no opportunity for family reunification, and meet additional criteria such as not having a criminal record.
 
Once a child ages out or is adopted out of the child welfare system, they are no longer eligible to adjust their status under SIJS.  If SIJS is not obtained, youth become illegal immigrants through no fault of their own.  These youth then face the threat of deportation, cannot work legally, and are vulnerable to exploitation.
  
HR 6649 seeks to prevent these children from missing their opportunity to regularize their immigration status by:
 
·     Requiring states to screen all children in the foster care system for eligibility under SIJS.
·     Requiring child welfare agencies to assist immigrant children in obtaining legal permanent residency under SIJS, or other appropriate provisions of immigration law.
·     Requiring juvenile courts and child welfare agencies to determine whether it is in a child's interest to file petitions or appoint immigration counsel.
·     Permitting Court Improvement Program funds to be used to train judges and lawyers to assist SIJS-eligible foster children.
·     Providing technical assistance to child welfare agencies in carrying out the provisions of this bill through the Health and Human Services agency.
 
For more information on this bill, go to:  http://www.house.gov/stark/news/legislation.htm.

                   

Jeff Mitchell is a PolitickerCA.com Editor and can be reached via email at noreply@politicker.com.

Related topics: Pete Stark, Xavier Becerra

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