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St. Thomas Law Review

Emily C. Callan

First Page

171

Document Type

Article

Abstract

The choice to bestow refugee designation on the growing unaccompanied minor children population would no doubt carry far-reaching and long-lasting consequences of its own. Because of these potential important and complex ramifications, a closer examination of the implications of the President utilizing his authority under Section 207(b) must be undertaken. To do so, Part I of this article provides a brief description of the origin of refugee law in general and Section 207(b) in particular. Part II explains the previous instances wherein past presidents exercised their authority to help foreign nationals seek refuge in the United States. Part III further details the humanitarian crisis at the border and provides an overview of the deportation proceedings facing the children if alternative congressional or presidential action is not taken. Finally, Part IV discusses the possible effects of refugee designation under Section 207(b) and posits arguments both for and against looking to this little-known legal provision as a solution to the country's humanitarian crisis at the border. Although Americans on both sides of the political spectrum remain divided on exactly how to cope with the general undocumented population in the U.S., most citizens agree or acknowledge that undocumented children present special considerations and unique challenges for the country and its government. Granting refugee status would essentially use existing immigration law to allow the children to work around that law, effectively creating a loophole through which the children may come to and remain in the country. By examining the practical, legal and moral considerations at odds in this issue, we may begin to decide if Section 207(b) can offer a real refuge for these children.

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