SRI LANKAN CHILD FIGHTS DEPORTATION WITH CUSTODY ORDER

The Elian Gonzalez case has brought to light many cases involving unaccompanied juveniles, including the following. 

Senthan Mahendrarajah, an 11 year-old native of Sri Lanka, was stopped by the INS last June when he entered the US without a visa.  An aunt and uncle who live in Columbus, Ohio posted his bond, and he went to live with them.  Along with fighting deportation efforts, the aunt and uncle also sued to gain custody of Senthan.  Quite unlike the Gonzalez family, Senthan’s family is united in their desire that he remain here, and with a court ruling Wednesday awarding permanent custody to the aunt and uncle they may be one step closer to that goal.

According to the aunt and uncle, Senthan will likely be killed in Sri Lanka if forced to return there.  Senthan and his family is a member of the Tamil ethnic minority in Sri Lanka, which is controlled by the Sinhalese majority.  Tamil boys are recruited by Tamil rebels to participate in terrorist activities, and Sinhalese forces often abduct and murder them.

An INS hearing for Senthan is scheduled in Cincinnati for next Thursday.  There, the immigration judge will determine whether the custody decision has any bearing on the case.  Of course, as everyone knows from the Elian story, the INS does not believe that state court custody determinations have any relevance to immigration proceedings.

According to his aunt and uncle, Senthan was imprisoned in Sri Lanka on suspicion of being a member of a Tamil group.  They say he was beaten in jail and told that if he did not change sides he would be killed.  After learning that her son was in the US, his mother sent a letter asking that he be allowed to remain here.