YLC Supports Legal Rights of Immigrant Youth

February 18, 2015

The Youth Law Center has applied for leave to file an amicus brief in a juvenile case pending in the California Court of Appeal, in which a youth’s immigration status prevailed over consideration of his rehabilitation and best interest.  The youth was adjudicated delinquent after admitting to possession of a controlled substance.  The probation department recommended releasing him to Immigration and Customs Enforcement (ICE) and argued that an out of home placement order would violate federal law.  The court placed him on probation but ordered him to serve time served in juvenile hall plus two days to facilitate his transfer to ICE.  The amicus brief argues that the court and the probation department relied on a flawed interpretation of federal law, that the juvenile court disposition violated state laws and a San Francisco ordinance, and that the youth was treated differently because of him immigration status.  Morgan, Lewis & Bockius, LLP is representing YLC and Public Counsel in the matter.

Brief