"Un Lugar Muy Especial: Navigating the Tensions Between ‘Parens Patriae’, 'Legal Violence,' and the Rights of Central American Unaccompanied Minors in the U.S. Legal System"
Hansel Aguilar
Advisor: John G. Dale, PhD, Department of Sociology and Anthropology
Committee Members: Dae Young Kim, Bethany Letiecq
Online Location, Zoom
July 11, 2024, 09:30 AM to 11:30 AM
Abstract:
"UN LUGAR MUY ESPECIAL" delves into the legal and social frameworks governing the rights of unaccompanied Central American minors in the U.S. Utilizing federal court rulings as a primary unit of analysis, this dissertation examines the interplay between the legal doctrines of '‘parens patriae’' and 'legal violence.' The study, conducted within a socio-jurisprudential framework, systematically analyzes the institutional practices and sociopolitical factors that shape the experiences of these minors. Through a critical content analysis of judicial opinions and integrating insights from relevant legislative and international instruments, it reveals how legal structures both protect and harm vulnerable populations. This research contributes to sociological literature by highlighting the complexity of legal protections in contexts of migration and by highlighting the need to refine legal approaches that recognize and safeguard the rights of unaccompanied minors while addressing broader migration challenges. It underscores the necessity for policies that do not merely respond to symptoms but rather address the systemic issues contributing to the plight of these minors who pursue society where their rights are upheld.
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