A document signed by a five year old, agreeing to be deported
documentcloud.org
documentcloud.org
An analogy would be a 5 yr old American kid being read Miranda laws and asked to sign a release while in front of a cop. Do you know a single 5 yr old who understands what this means?
If this still doesn't sound brutal to you, I can't help.
In addition, to the best of my knowledge, a country can not provide legal emancipation for another countries citizen that is not under their jurisdiction. I am not a lawyer, but it sounds like one should step in here.
A 5 year old can not read/understand or legally sign a legal document. What kind of context would make this “okay”?
Paperwork "signed" by a five year ought to be meaningless in any legal situation and the judge should have laughed this out of court. If an adult says "write your name here" they're almost certainly going to do it. They're little kids! The one in question was offered crayons to color with afterward!
Here's an article with more context: https://www.newyorker.com/news/news-desk/the-five-year-old-w...
In brief, the hearing is to determine if the person can be released on a bond (or parole) instead of being detained. In other words, this probably would have gotten the kid out much faster!
> 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.
You are, I presume, way older and wiser than a five year old. If you can't figure out the form, why would you expect a child to understand it? I would bet most kids could be persuaded to check either box by saying "Check here if you want to see your grandma" or "Check here if want to stay and color instead of having to sit quietly in court."
Again, I don't think anyone does expect a child to understand the form. But they need to either have the hearing or not have the hearing, regardless of what the child understands or whether a guardian has yet been found.
I suppose that if you're okay with the system as-is, then sure, they need to have the hearing or cancel it. Personally, I think the whole thing is horrific and Kafkaesque: the form is just a salient example of it.
For example, they could have left the grandmother and child together, reunited them when the grandmother was released, or at least let the grandmother make legal decisions on the kid's behalf. For unaccompanied minors, there ought to be people representing them on staff, like the Dept of Child Services/Children and Families/etc have in other situations. In a world where we spend tens of millions of dollar so the president can go golfing, this seems....incredibly doable.
Paperwork "signed" by a five year ought to be meaningless in any legal situation
... so that should apply to her original paperwork requesting a Flores hearing as well.We don’t let children who are /twice as old/ drink, smoke, vote, drive, or see scary movies. Do you really think these kids can decide if a Flores hearing is in their best interest?
Then in 2017, they left limbo and have the right to be heard in a court: https://www.ilrc.org/sites/default/files/resources/flores_v....
So... is a five year old expected to deal with their legal process? Yes, and they're appointed council to help with that, which is way better than where we were 20 years ago.
At the time of my comment this was on page 2 from the home page, there were no comments, and no background info. I was hoping for a link to a news story on what made this relevant. As it was, there was no reason the title was accurate. Given disinformation campaigns, I thought it was valid to ask.
Based upon another comment I understand why someone decided to share this.
The all important future impacting page 1 is in English, Page 2 is mockingly in Spanish asking to colour in a symbol of freedom.
They would torture and execute these kids if they could get away with it.
https://www.acf.hhs.gov/sites/default/files/orr/request_for_...