How American Laws Affect The Choices Migrants Make

A new Yale study highlights how U.S. immigration law shapes the journeys of Central American children migrating through Mexico to the southern U.S. border. The study shows that these young migrants make difficult decisions to increase their chances of avoiding deportation upon reaching the United States. This includes hiding assaults and other crimes they face on the way, changing their routes, and even splitting up from family members before attempting the crossing.

The research, based on interviews with 32 minors from Guatemala, Honduras, and El Salvador, was conducted at shelters in various parts of Mexico. The findings reveal how these children learn about the legal classifications under U.S. immigration law and use this knowledge to guide their choices during the journey.

Far reaching consequences

“U.S. immigration law has effects that extend far beyond its borders, making the journeys of vulnerable groups like unaccompanied children even riskier and more prolonged,” the study explains.

The study points out that many of the children know a surprising amount about U.S. immigration laws. They assess how the laws might affect their cases and, in turn, make risky decisions to improve their chances of gaining legal status in the U.S.

Undocumented minors entering the U.S. without a parent or legal guardian are classified as unaccompanied children (UACs), a vulnerable group that receives different treatment than other undocumented migrants. UACs most commonly apply for asylum or Special Immigrant Juvenile Status, both of which grant legal status to those who fear returning to their home countries.

Informal learning

The study found that migrant minors primarily learn about U.S. immigration law through conversations with other migrants, lawyers and shelter staff, and social media apps like Facebook and WhatsApp. However, this knowledge can lead them to conceal the violence they experience, such as sexual assaults and beatings, because they believe it won’t impact their asylum applications.

For example, Edelmira, a 17-year-old girl from Honduras, was sexually assaulted early in her journey through Mexico but chose not to report it after learning that such violence wouldn’t affect her case in the U.S.

The study also notes that some children change their plans based on what they learn about legal sponsorship requirements. Facundo, a 17-year-old from Guatemala, had originally planned to meet a family friend at the U.S. border but changed his route after learning that his friend might not qualify as a legal sponsor, forcing him to make arrangements with an undocumented uncle in a different location.

Some minors also chose to separate from family members to improve their chances of crossing the border alone. Junior, a 17-year-old from Guatemala, left his two older brothers at the U.S.-Mexico border after realizing he could cross more easily as a UAC.

“These decisions, made by vulnerable young people facing uncertainty, show that migrant minors have agency,” the study concludes. “They aren’t naïve. They respond to what they learn, adapting their plans based on U.S. immigration laws.”

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