unaccompanied minors (UACs) in South Dakota

families separated at the border, now reunited in SD

ongoing asylum, VAWA, etc. cases

Free legal services and representation for unaccompanied minors and immigrant survivors of violence in South Dakota.

SD Voices for Peace (in partnership with the Network Against Family Violence and Sexual Assault) is the only entity in the state providing no-cost immigration legal services to survivors of violence. Immigrants are oftentimes victims of crimes, and are scared to report crimes because their immigration status is used against them by their abuser. There are special provisions in the Violence Against Women Act (VAWA) and accompanying laws that provide immigrant survivors with pathways to legal status and citizenship. We have assisted battered spouses of U.S. citizen abusers file for green cards, and assisted undocumented victims of child abuse and attempted murder on their pathways to citizenship. We work with shelters for survivors and law enforcement agencies to provide wholistic services to survivors of all immigration statuses.

​If you believe you are a victim of a crime, including domestic violence, please email us at info@southdakotavoicesforpeace.org or call us at 605-782-9560. We take calls in Spanish. If you need another language interpreter please let us know what language and we will find someone to help us communicate.

The Office of Refugee Resettlement reports that there are 506 Unaccompanied Minors from Central America who have been released to a sponsor since FY 2015. Children have no right to a lawyer in immigration court. Without legal representation, 90% of these children will be deported to countries with horrific violence, poverty, and corruption.
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We are working to change the futures of children seeking asylum across South Dakota by providing support to immigrants in our community, and to assure services are coordinated throughout the state. Learn more about how this initiative started.

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faq

How do these children get to South Dakota, and who are they living with?

When a child turns themselves in at the border, they trigger special processes. Under the Flores Settlement Agreement, unaccompanied minors are not allowed to be detained in a detention setting for more than 20 days, which puts the Department of Health and Human Services under direct pressure to locate qualified sponsors to take in these children. More often than not, a child will identify someone they know living in the United States. These “sponsors” are vetted and if the sponsor passes a background check, the child is sent to live with them. The sponsor’s obligation is to keep the child out of trouble, enroll them in public school, and take them to immigration court.

Are these children and families are illegally?

No. The only way for people from Central America to seek asylum in the United States is to enter the country and apply for it. If a child or family has entered the US and has requested asylum with a Customs and Border Patrol Officer, they are following both international and U.S. law. Asylum seekers are put into immigration proceedings and must provide a defense as to why they should not be deported to their home country.

Are these children and families eligible for public benefits?

No. Only certain immigrants with certain statuses are eligible for public benefits. Unaccompanied Minors and families separated at the border are not eligible for public benefits and are not allowed to work until their asylum cases are approved. This can take 2-4 years! Any child in the US, regardless of immigration status, has the right to public education from grades K-12.

What happens if these children don't show up to immigration court?

For South Dakota, immigration court is located in Fort Snelling, Minnesota. If a child does not appear in immigration court when summoned, they will be ordered removed in absentia — meaning they will be ordered to return to their home country because they failed to show up. It is imperative to tell all children and their sponsors to show up to immigration court when they are summoned and to ask for more time to find a lawyer.