June 26, 2003
EDITORIAL
Kids, Shackles and Shame
LA Times
Judging by the harshness of his treatment, Ernst Poulard must have
done something horrible to the United States. After his mother, a legal resident
in Florida, petitioned successfully to have him join her from Haiti, 17-year-old
Ernst fled the island by boat. Because he arrived on U.S. soil in December 2001
without a visa, immigration officials locked him up in Florida, then jailed him
in Pennsylvania. They kept him for six months with thieves and other miscreants
and subjected him to strip searches and the deprivations of
detention.
Then Ernst got lucky: His case attracted the attention of
Amnesty International and others who got him released to his mother. But because
of the circumstances of his entry, he risks deportation, alone, to
Haiti.
His ordeal is all too common. Each year, the United States detains
about 5,000 children after they arrive unaccompanied and without proper visas.
Some are fleeing war. Others seek to escape abusive homes. But all too often,
their suffering continues in this country.
Amnesty International says a
survey it made recently shows that only a fraction of these kids get access to
attorneys; many undergo prolonged detention. Authorities throw some into
solitary confinement or jail them with young American cons. Most are subjected
to shackles and strip searches.
Congress should end this mistreatment by
passing legislation (S 1129), introduced by Sens. Dianne Feinstein (D-Calif.)
and Sam Brownback (R-Kan.) to protect vulnerable young people and ensure their
humane treatment in federal custody.
Congress last year approved an
earlier Feinstein measure to transfer the care of these children from the
Immigration and Naturalization Service to the Department of Health and Human
Services. This, unfortunately, occurred as part of a rushed enactment of the
Homeland Security Act of 2002, and many important policy-related reforms in
Feinstein's bill didn't make it.
Her new bill would guide federal
agencies and ensure that the young be put only in appropriate settings. It would
bar officials from employing punitive measures such as handcuffing, shackling
and solitary confinement.
Her measure also recognizes how daunting asylum claims
and other immigration issues can be for kids and requires legal representation
for them. That's only fair, and it's the kind of action a nation of laws should
stand behind.