In many instances, though, the kids are housed in juvenile detention centers or jails where the living conditions can be deplorable, advocates say. Whether with family or in shelters, the children must appear at immigration court hearings. The immigration judges decide whether the kids can stay or must be deported. It's during these so-called deportation proceedings that the children have the chance to make the case for staying. Richardson says he grants asylum to about half the roughly 520 child refugee cases he hears in a year.
Advocates say the asylum-granting rate is lower in most other jurisdictions.
Most children seek political asylum. Some children are eligible for other types of special visas to remain in the United States. INS figures show that children are detained on average for just over 30 days until they have their deportation hearings. But advocates cite many cases of kids being detained for several months or years. Even Richardson acknowledges that the waiting time tends to be longer.