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12 Ind. J.L. & Soc. Equal. 1 (2024)

handle is hein.journals/injlaseq12 and id is 1 raw text is: 1 Doe Not Worry: Expanding Protections for Unaccompanied Children Heidi E. Davis* A recent Fourth Circuit decision created a circuit split regarding the standard applied to constitutional violations in secure holding facilities. The more liberal professional judgment standard-as promulgated by Youngberg v. Romeo1 and applied to unaccompanied immigrant minors in Doe 4 ex rel. Lopez2 is necessary but insufficient for the protection of unaccompanied children. This Note first examines the origins of the professional judgment standard in the Youngberg case. Then, cases are surveyed showing that the Supreme Court has recognized children as a vulnerable population, and current regulations, legislation, and court opinions recognize the vulnerabilities of unaccompanied children. With these ideas in the foreground, this Note shows that the standard, as applied to adults and to other children, is not sufficient protection. Based on these insufficiencies, this Note then assesses the system experienced by the petitioner. After an evaluation of the purpose of that system, it is clear there are not adequate structures in place to realize that purpose. The Youngberg standard enables those inadequacies; therefore, a more robust standard is needed for the adequate protection of unaccompanied minors like Doe 4. Future research should be done to develop new standards to apply in these cases and ensure vulnerable populations are protected by the systems designed to care for them. INTRODUCTION In a recent Fourth Circuit decision, the court applied the Youngberg professional judgment standard to allegations of constitutional infringement of a minor in a juvenile immigration detention center.3 The departure from the previous standard used-the deliberate indifference standard of the Third Circuit4 created the circuit split, which is the topic of much scholarship in this area. While the new application of the Youngberg standard is necessary, this Note argues that it is not sufficient in protecting vulnerable populations, particularly unaccompanied children.5 To determine that this standard is insufficient for the protection of * Indiana University Maurer School of Law, J.D. Candidate 2024. Special thank you to Professors Levesque and Krishnan for your comments on early drafts of this piece. Thank you always to my mom, Julie Davis, for your constant editorial wisdom and general guidance. Thank you to Micah Hoeksema for your love and support. 1 457 U.S. 307 (1982). 2 Doe 4 ex rel. Lopez v. Shenandoah Valley Juv. Ctr. Comm'n, 985 F.3d 327 (4th Cir.), cert. denied, 142 S. Ct. 583 (2021). 3 Id. 4 The deliberate indifference standard was established in Estelle v. Gamble. 429 U.S. 97 (1976). 5 The U.S. government insists on calling this population UACs or unaccompanied alien children; this term is outdated and offensive, so I will be referring to this population as unaccompanied children, per the

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