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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Friday, April 08, 2022

State investigates allegations of abuse of Afghan migrant children in Michigan

The state is investigating allegations of abuse of Afghan migrant children in Michigan. The children were brought to Michigan as unaccompanied minors from Afghanistan who fled along with refugees after the Taliban seized power last year in their native land. Part of that influx included 19 Afghan teenagers who were placed in shelters in Michigan in recent months. A spokesman for the Michigan Department of Health & Human Services, Bob Wheaton, confirmed to the Free Press this week the agency is investigating Samaritas, the nonprofit based in Michigan that took in the 19 children. He could not confirm investigations of other children at different sites. "The department takes very seriously its responsibility to protect all children from abuse and neglect and has contacted the appropriate federal officials for their review," Wheaton said in a statement. Wheaton said he couldn't comment on the specific allegations of abuse because "we are prohibited from disclosing specifics about a CPS (Children's Protective Services) investigation under the Michigan Child Protection Law ... and by federal statute." A story by ProPublica last month first reported on the investigation, saying there are reports of Afghan minors being mistreated in facilities in Michigan operated or housed by nonprofits Samaritas and Starr Commonwealth. The report said some of the allegations include employees hurting the Afghan boys, including striking one while he was praying, and sexual abuse among the minors. Based in Michigan, Samaritas, formerly known as Lutheran Social Services of Michigan, is contracted by Lutheran Immigration and Refugee Service, one of nine refugee resettlement agencies that have federal contracts to resettle refugees. The group partners with the Evangelical Lutheran Church in America and the Latvian Evangelical Lutheran Church in America. Kevin Van Den Bosch, chief operations officer of Samaritas, said he couldn't "comment on an investigation or even whether an investigation is occurring." But Van Den Bosch added that the staff is required to report any allegations of abuse. "Any time a youth makes a complaint, or states an allegation, no matter how significant or insignificant, we will always take that seriously," Van Den Bosch told the Free Press. "And we will always report that to the necessary entities." He said Samaritas allows the state to investigate any allegations "and we will cooperate fully. "We will make our staff available, any computer records, our paper records, surveillance, so they can do a thorough investigation," Van Den Bosch said. A spokesman for Lutheran Immigration and Refugee Service, Tim Young, declined to comment on any of the allegations, referring questions to the federal Office of Refugee Resettlement, which is part of the U.S. Department of Health and Human Services. The office did not respond to messages seeking comment about any investigation in Michigan. Wheaton said he could not comment on any other possible investigations regarding Afghan children in the state because "the department generally does not confirm the existence of Children’s Protective Services investigations." Wheaton said he could not confirm any possible investigation into Starr because the state doesn't have the authority to investigate it. The state department "had no authority to open Children’s Protective Services investigation at Starr Commonwealth because it was under federal jurisdiction," Wheaton said. "Because of that, the department would refer any abuse or neglect allegations that Children’s Protective Services received regarding the Starr Commonwealth facility to law enforcement and the federal government." According to the ProPublica report, one case at Starr involved a 16-year-old who "said two workers shoved and yelled at him." Another worker is accused of kicking a boy while he was praying. No charges were brought in the cases. Van Den Bosch said Samaritas is aware of cultural sensitivity issues for the refugees and "worked with people from the Afghan community and the Muslim community locally to help us ... connect them to their religious practices" and also offer food options more rooted in their culture. He said that until the influx of Afghan refugees, much of the group's work was on unaccompanied minors from Central America. Agencies had to scramble to adjust to migrants from Afghanistan, who had different needs because they had to flee quickly. Samaritas took in 19 Afghan teenage boys who were unaccompanied, Van Den Bosch said. In addition, the group helped resettle 684 Afghan refugees who came as families. The young men arrived at a center in Grand Rapids from another place in Michigan that was shut down. In some cases, police were called to the center. Van Den Bosch said while he can't talk about specific incidents, he said that the group does have a protocol to call police in certain cases. "I was able to talk to these youth, I was at the shelter numerous times and heard a lot about their stories of leaving Afghanistan and quite certain there's a lot of complex trauma going on in their lives with leaving their country so quickly, and then coming to the United States," he said. "If there are instances where a youth is unsafe to themselves, or someone else, we can contact the police and our protocol would include contacting the police, just to ensure the safety of the kids in our care." A spokeswoman for Grand Rapids Police, Jennifer Kalczuk, said she could not confirm police reports that "specifically involved Afghan refugee children." Visit us for more information at: http://www.beverlyhillsimmigrationlaw.com/index.html

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