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INS Coverage<br />

Reporting on Children Held in INS Detention<br />

‘It was this human contact that gave us the ability to get to the heart of his story.’<br />

By Chris L. Jenkins<br />

At first, it appeared to be a straightforward<br />

but intriguing news item:<br />

Four teenagers from Tanzania<br />

had vanished from an international<br />

gathering of Boy Scouts in Virginia,<br />

setting off an intense search by federal<br />

and local officials. The adolescents were<br />

soon discovered 80 miles to the north<br />

in Washington, D.C. and, along with<br />

other reporters, I wondered whether<br />

their wanderlust was an adolescent<br />

prank or a serious attempt to flee the<br />

impoverished yet stable African nation.<br />

The story had the potential of breaking<br />

some of the news doldrums of<br />

the summer of 2001.<br />

It became less of a quirky<br />

story, however, as soon as the<br />

Immigration and Naturalization<br />

Service (INS) quickly<br />

moved the teens to a secure<br />

detention center in Alexandria,<br />

Virginia, even though they had<br />

valid tourist visas. There, they<br />

were prevented from speaking<br />

with their parents or lawyers<br />

for several days. Even though foster<br />

homes were available, the INS<br />

insisted on keeping them detained and<br />

whisked the scouts to another secure<br />

facility in Pennsylvania, a three-hour<br />

drive from their attorneys, who had<br />

hoped to get them placed with a Richmond<br />

foster family.<br />

Reporting on<br />

Unaccompanied Minors<br />

The actions by the INS inspired a deeper<br />

look at what happens to unaccompanied<br />

minors who seek asylum in this<br />

country. As journalists dug farther into<br />

INS procedures, we found striking inconsistencies<br />

in the government’s handling<br />

of the case: If these four scouts<br />

had valid tourist visas, was it legal for<br />

the INS to detain them? And if the teens<br />

had a legitimate fear of going home, as<br />

their lawyers claimed, why was the INS<br />

trying to deport them so quickly and<br />

without a hearing to determine if they<br />

had a valid case?<br />

The case of the four Tanzanian Boy<br />

Scouts was just one of several wellpublicized<br />

examples of how INS procedures,<br />

which would later come under<br />

scrutiny from Congress in light of the<br />

September 11 attacks, were not only<br />

riddled with inconsistencies but in<br />

some cases violated federal regulations.<br />

Another African teenager, mentally<br />

retarded, unable to speak English, and<br />

…reporters gave voice to<br />

neglected people who, in some<br />

cases, were afraid to speak<br />

about how they were being<br />

treated.<br />

abandoned by his mother in France,<br />

arrived alone at Dulles Airport from<br />

Europe. Stopped with a fake passport,<br />

Malik Jarno, under questioning, admitted<br />

that he was a minor fleeing political<br />

persecution in Guinea. But despite a<br />

birth certificate that showed that he<br />

was 17 years old, INS officials still did<br />

not believe him and placed him in an<br />

adult immigration facility where he<br />

claimed he was subjected to beatings<br />

from not only adult inmates but also<br />

guards.<br />

When, with the help of an interpreter,<br />

I spoke with him by phone—<br />

after days of wrangling with the INS for<br />

permission—he couldn’t understand<br />

why no one would listen to his story.<br />

He had no access to a lawyer, an advocate,<br />

or even someone who could speak<br />

his language, for nearly nine months.<br />

Eventually the INS conceded that he<br />

was a minor and transferred him to a<br />

youth facility in Pennsylvania. But this<br />

happened only after intensive media<br />

coverage of his case. And while he still<br />

had to convince a judge about his asylum<br />

claim and remained fearful about<br />

his future, he was relieved that he was<br />

finally heard: “I can’t believe that someone<br />

really wants to listen to me,” he<br />

told me.<br />

About 5,000 unaccompanied children<br />

are detained by the immigration<br />

agency each year. A third are secured in<br />

juvenile jails with American teens who<br />

have committed felonies, a<br />

practice that is against the law<br />

in most circumstances. Several<br />

years ago a national study<br />

found that 80 percent of these<br />

unaccompanied minors were<br />

not given attorneys, which is<br />

also a violation of federal standards.<br />

In some cases, children<br />

were returned to their countries<br />

without their claims being<br />

heard by an immigration<br />

judge.<br />

Such circumstances presented an<br />

opportunity for me and other journalists<br />

to give voice to an invisible group<br />

of youths, who sometimes would be in<br />

fatal jeopardy if they returned to their<br />

own countries. Yet in trying to learn<br />

about their lives and tell their stories,<br />

we were confronted with hurdle after<br />

hurdle, and this prompted us to push<br />

harder to keep government accountable.<br />

With each successive story, I<br />

sought more access and looked for<br />

more evidence about the propriety of<br />

the federal government’s policies and<br />

procedures. INS information on conditions<br />

of specific children was often<br />

lacking and incomplete. The agency<br />

also made it difficult to interview the<br />

Boy Scouts, claiming that reporters<br />

needed written permission from each<br />

teenager’s parents before they could<br />

24 <strong>Nieman</strong> Reports / Winter 2002

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