Undocumented migrant children denied rights

In the hostile environment of “go home” vans and condemning text messages, the children of undocumented migrants are the victims of exclusion and exploitation, according to a November 2013 report.

‘Undocumented children are triply vulnerable: as migrants, as persons in an irregular situation, and as children,” begins the report Growing Up in a Hostile Environment: The Rights of Undocumented Migrant Children in the UK, published by the Coram Children’s Legal Centre.

The study offers evidence that these children are denied comprehensive health care, secondary education, welfare housing, and social support, which can force them into poverty and even exploitation.

In response to the findings, Ruth Grove-White, Policy Director at Migrants’ Rights Network, said:

It was shocking to see the extent to which children’s lives and basic rights are impacted by their or their parents’ immigration status, even where the law provides clear protections for all children.”

The law she's referring to is the UN Convention on the Rights of the Child, under which undocumented migrant children should be afforded the same rights and protection as citizen children. But that's not always the case.

Sarah Teather, Lib Dem MP for Brent Central, condemned the hostile environment created by the UK as a violation of these rights. She said:

This report shows that current immigration policies are having a damaging impact on very vulnerable children...I am extremely concerned that the government's proposals will make the UK a more hostile place for them to grow up in.”

The report estimates that there are 120,000 children living on asylum support in the UK. Over half were born in the country and even more brought in at a young age. As a result most are not aware of their legal status – until they are barred from higher education or employment because of it.

Take X, a 21-year-old whose family is from Nigeria but who was born in the UK, and has never left. X always assumed she was British, as did everyone else around her, in school and college.

Only when she was accepted to study nursing at university but denied an NHS bursary did she realize her status. She pursued an application to become a British citizen but was unable to receive legal advice, and has struggled to get the £753 to pay the application fee.

Other young immigrants, when their legal status is exposed, are forced to return to their parents’ ‘home’ country, even though that country is often a foreign place they may never even have visited. Some are unable to return to their country of origin because of persecution or safety reasons, meaning that they're essentially homeless.

Undocumented migrants have no legal recourse in situations like these, and often fear the consequences of trying to take action. No one suffers more in these situations than victims of domestic violence and human trafficking who don’t have a say in the matter.

L is a Nepali national who came to the UK six years ago with her husband F and son. L had no choice in immigrating, and once they arrived, F confiscated her passport.

Her husband works illegally and forces L to do the same, and he regularly physically and verbally abuses her. She avoids going to the police though, because she is afraid they will contact the Home Office.

Fear of deportation drives undocumented migrants into the shadows. In many cases the report reviewed, immigration status was used as a form of abuse and control, making women and children in particular vulnerable to exploitation – and without a means of speaking up for themselves.

The Migrant Children’s Project exists to change that. Their advice line, in operation for six years, offers anonymous legal aid to undocumented migrants. Between April 2012 and September 2013, the line provided advice to 1097 callers – revealing that the need for help is substantial.

In light of this report, activist groups are concerned that the new Immigration Bill will only make matters worse. Ruth Grove-White said:

The measures will deny people – including vulnerable children – their basic rights, such as a roof over their head. Many of the people affected have strong legal claims to remain in the UK but cannot regularise because of the complex system and difficulties getting legal assistance.”

In its conclusion, the report calls for immigration policy reform and protective support of victims. It demands:

Undocumented migrant children must be treated as children first and foremost, and must be afforded the same rights and protection as any other children in the UK.”

This new evidence of exclusion and exploitation demands a change in public policy and social action, because without it, the most vulnerable members of society are suffering here and now.

Mallory Moench