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children's rights
The ‘Kids for Cash’ Scandal Is About Much More Than Biden's Ignominious Pardon
It’s about the system itself: structured on the value and, indeed, the necessity, of punishment, of “war” on all that is evil, from a kid stealing a candy bar to terrorists attacking America.
Dec 21, 2024
More than 15 years after the “kids for cash” scandal shocked the nation, it’s back, stirring not just public incredulity but, for some, soul-slicing memories of hell on Earth.
This is thanks to U.S. President Joe Biden’s decision to grant clemency to Michel Conahan, one of two juvenile-court judges in Luzerne County. Pennsylvania, convicted of accepting cash from private detention centers—as much as $2.8 million over a period of about six years—in exchange for sending them children (my God, as young as eight years-old) convicted of petty offenses, such as fighting, shoplifting, underage drinking, to serve prolonged sentences in prison.
Conahan, along with Mark Ciavarella, had collected cash for sending more than 2,300 children to prison. Many of them were scarred for life by this experience. Some committed suicide.
This is the us-vs.-them mentality, a quick-grab governing concept that has given us both the military-industrial complex and the prison-industrial complex: two looming cash cows that define far too much of who we are as a nation.
“My son did nothing more than anything that most of us as kids did, you know, experimenting and living his life and making mistakes, that we usually all get to just learn and evolve and grow from. He did nothing more than be at an underaged drinking party with tons of other kids, but he was caught.”
This is Sandy Fonzo, speaking recently with Amy Goodman in a highly emotional interview on Democracy Now!, in the wake of the news of Conahan’s clemency. Her son, a senior in high school, a star wrestler, spent a month in the juvenile detention center just as his senior year was beginning. He came out lost, emotionally shattered, wound up getting into a fight and had to stand before Judge Ciavarella again. This time he was walloped with an eight-month sentence.
“He lost his senior year.” Sandy said. “He never had the chance to wrestle again, any chance that he had for a scholarship. He came out of there very bitter, very angry, pent up with anger. He couldn’t look you in the eye. I don’t know what happened in that facility. My son was a very big, strong, proud boy, and he came out broken.”
“ ...It changed him. It broke him. It stole his youth, his childhood. He would never, ever recover. And it just became too much, and he shot himself in the heart.”
Kids for cash! Her son wound up killing himself—and that’s just one story out of, presumably, thousands. A kid does a “bad” thing and, whoops, off to prison with you! At the time, I wrote in a column:
Many of these kids had never been in trouble before, and many of the offenses that netted jail time were trivial in the extreme. Sixteen-year-old Hillary T., for instance, who lampooned her assistant principal on MySpace, was given a three-month sentence. (With a lawyer’s help, she got out after one.) Kurt K. was in the company of someone who was caught shoplifting at Wal-Mart; accused of being a “lookout,” he wound up doing almost a year of jail time. Jamie Q. exchanged slaps with a friend during an argument; she also was sent away for almost a year. She was 14.
While the judicial corruption of “kids for cash” is glaring, that’s hardly the entirety of the issue. As I read and remember the details, I see something far larger quietly looming in the background, behind the judges’ criminality—behind what I called at the time “the blurring of the line between profit and state.” It’s the system itself: structured on the value and, indeed, the necessity, of punishment, of “war” on all that is evil, from a kid stealing a candy bar to terrorists attacking America.
Here’s how Sen. Bernie Sanders (I-Vt.) put it the other day, addressing his congressional colleagues as they were considering the passage of 2025’s National Defense Authorization, which allots $895 billion—two-thirds of the federal budget, for defense spending.
“When we talk about increasing Social Security benefits,” Sanders said, “well, ‘we just can’t afford to do that. We just can’t afford to expand Medicare to cover dental, hearing, or vision. We just cannot afford to make higher education in America affordable.’ That’s what I hear every single day. When there’s an effort to improve life for the working class of this country, I hear, ‘No, no, no, we can’t afford it.’ But when it comes to the military-industrial complex and their needs, what we hear is ‘yes, yes, yes’ with almost no debate.”
Understanding and transcending our troubles, our conflicts, is complex—way too complex, apparently, for so many of those in power to have the patience to try to comprehend, especially when they also have the far simpler option available of simply eliminating those troubles (no matter that it never works).
In a justice system immersed in such complexity—focused on understanding a lawbreaker rather than simply, and coldly, enforcing rules—corruption of various sorts would no doubt still be possible, but not at the simplistic, easily justified level of “kids for cash.”
This is the us-vs.-them mentality, a quick-grab governing concept that has given us both the military-industrial complex and the prison-industrial complex: two looming cash cows that define far too much of who we are as a nation. As the National Priorities Project noted in a 2023 report:
In (fiscal year) 2023, out of a $1.8 trillion federal discretionary budget, $1.1 trillion—or 62%—was for militarized programs. That includes war and weapons, law enforcement and mass incarceration, and detention and deportation.
I can only hope that the reawakened “kids for cash” outrage shines a light on more than just two convicted judges, one of whom received clemency after a dozen years of imprisonment. I certainly can understand the anguish and anger this could cause for anyone—parent or child—wounded by their corrupt actions. But maybe it’s also time for a collective reassessment of our criminal-“justice” system as a whole and, indeed, our moral certainty that punishment and war keep us safe.
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Protecting Children From Trump’s Immigration Dumpster Fire
U.S. President-elect Donald Trump wants to eliminate the right to asylum, including for the most vulnerable: children.
Dec 07, 2024
The right to seek asylum or refuge from danger is a fundamental human right. It’s protected by both international and U.S. law.
But U.S. President-elect Donald Trump wants to eliminate that right, including for the most vulnerable: children. These children are often forced to cross the border without their parents to try and claim asylum in the United States.
I spoke with Arlene Rodriguez, Esteffany Luna, and Esther Ramos, who provide legal and social services to unaccompanied migrant youth in Texas. They gave me a glimpse into the daunting obstacles faced by young asylum seekers.
We’ll need to band together and advocate for local and state governments to pass legislation defending immigrant communities—and for President Joe Biden to take steps to protect migrants before Trump takes office.
Nearly a third of new cases in immigration court are minors, I learned, with 1 out of 8 being 0-4 years old.
But these children are expected to navigate the same complex processes as adults. “They have to sign their own agreements and applications, present themselves in court, and answer the judges’ questions,” said Ramos. “They’re treated very adversarially—not much different from adults.”
“Sometimes they’re so young they don’t understand what they’re being asked to do, or what is being asked of them,” Luna added.
Asylum applicants have to undergo “credible fear” screenings to convince authorities that it’s unsafe for them to go home. In interviews, documents, and court appearances, children are required to repeatedly disclose trauma, which takes a toll. “For older kids who are more conscious of the bad things they’ve experienced, it’s difficult to deal with having someone else know about it,” Rodriguez told me.
Unaccompanied minors with legal representation are nearly 100 times more likely to be granted relief than those without. But unfortunately, there’s no right to an attorney in immigration court, and pro bono legal services are scarce. And the few hard-won protections minors do have are at risk of being undermined as Trump retakes office.
During his first term, President Trump tried to terminate the 1997 Flores agreement, which set standards for the care and release of children in federal immigration custody. He gutted asylum qualifications, removing domestic and gang violence as reasons to obtain protection. And most notoriously, his “zero-tolerance” policy forcibly separated over 5,000 children from their parents in immigration custody.
Under a policy called Title 42, many asylum applicants were turned away altogether, violating their due process. Under “Remain in Mexico,” applicants including children were forced to await asylum hearings in Mexico, exposing many to danger. And courts were hostile and caseloads were rushed through.
Ramos put it bluntly: “Immigration law has always been hard—attorneys call it a dumpster fire. Under the Trump administration, it was like trying to put out a dumpster fire with a liter of gasoline.”
For children seeking asylum, the mental and emotional toll of these legal procedures is compounded by language barriers, social marginalization, and fear of deportation.
These fears can also deter their sponsors, the relatives or volunteers who take them in while their case proceeds—and who are often undocumented themselves. It can even discourage them from accessing medical care, educational services, and food banks due to fears of arrest.
The three experts I spoke to all agreed our immigration system is outdated and inefficient—but said reform should make it more welcoming, not restrictive.
Until then, we’ll need to band together and advocate for local and state governments to pass legislation defending immigrant communities—and for President Joe Biden to take steps to protect migrants before Trump takes office. You can also help by donating to organizations that support immigrants.
Asylum is a matter of life or death for these kids. If we truly care about the safety and dignity of children, our immigration policies must reflect that commitment.
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Devastating Report Details Israel's War on Gaza Children With Disabilities
"Israeli authorities need to take immediate action to end the wrongful deaths, injuries, and suffering of children, particularly those with disabilities," one advocate said.
Sep 30, 2024
Israel's bombardment and blockade of Gaza have caused "profound trauma and suffering" to the children there, particularly to those with disabilities, Human Rights Watch said.
In a report released Monday, the watchdog group wrote that thousands of children had become disabled due to injuries sustained because of Israel's use of explosive weapons after October 7. Their numbers are added to the 98,000 children living in Gaza with disabilities before the war began, who now face "enormous difficulties to survive."
"The Israeli military's unlawful attacks and denial of aid are harming and traumatizing Palestinians throughout Gaza, but children with disabilities are facing increased threats to their lives and safety," Emina Ćerimović, HRW's associate disability rights director, said in a statement. "Countries providing military support to Israel should suspend arms transfers so long as its forces commit serious laws-of-war violations with impunity, including unlawful restrictions on aid and attacks on hospitals."
"They took everything that helped me live, like my devices, my boot, and my wheelchair. How can I go back to how I was without all this?"
For the report, titled "They Destroyed What Was Inside Us": Children with Disabilities Amid Israel's Attacks on Gaza, HRW interviewed one child with a disability, 20 family members of children with disabilities, and 13 healthcare and humanitarian workers. They also reviewed children's medical records and watched more than 50 videos and photographs showing the aftermath of bombardments.
The child they interviewed was a 14-year-old girl named Ghazal who has cerebral palsy. A bombardment of her home in Gaza City destroyed her orthotic shoe, wheelchair, and a third nighttime device, as well as most of the family's belongings.
"From the day the war broke out, they destroyed what was inside us," Ghazal told HRW. "They demolished my house and my room, which held all my memories. They took everything that helped me live, like my devices, my boot, and my wheelchair. How can I go back to how I was without all this?"
Without her mobility aides, Ghazal had to rely on her parents to carry her when the family fled south, leading to psychological distress for everyone.
"Most of the time, Ghazal would tell me, 'Mama, it's over, leave me alone and run away. You should leave me in the street,'" her mother, Hala Al-Ghoula, told HRW. "It was one of the worst days of my life, with a very difficult feeling that can never be described. I was confused: whether to stop while we were under bombardment or to walk and leave Ghazal."
Israel's assault on Gaza carries "particular risks" for children with disabilities like Ghazal because their age and conditions make them more vulnerable.
"They face additional challenges in accessing essential food, water, sanitation, medical treatment, medicines, assistive devices, and services, all of which are extremely hard, if not impossible, to obtain due to frequent Israeli strikes and major ground operations and restrictions on the entry of humanitarian aid," HRW said.
Several elements of Israel's assault on Gaza following Hamas' October 7 attack on Southern Israel are particularly difficult for both the newly and previously disabled. It is extremely challenging for people with disabilities like Ghazal to respond to short-notice evacuation orders. The use of starvation as a weapon of war is even more dangerous for children who require a special diet to maintain their health, and limited access to water and sanitation puts additional strain on those with special health needs.
Israel's method of warfare—the bombardment of densely populated urban areas—is extremely disabling. A December report from Humanity & Inclusion found that the leading type of injury from these explosions was "traumatic amputations." Meanwhile, three doctors told HRW that the most frequent kind of injury they saw when treating children following bombardments was burns, but the second most common was amputations.
"We are talking about a huge number of traumatic amputations, especially in children, leaving children with permanent disabilities. Also, many children who were wounded by shrapnel all over their faces and bodies, and I have seen children lose their eyesight due to injuries," Dr. A.G., who worked at Gaza City's al-Shifa hospital, told HRW.
Whether a child was injured in the war or had a preexisting health need, Israel's frequent assaults on hospitals further impedes them from getting the care they need. Between October 7 and August 20, Israel conducted 505 separate attacks on healthcare facilities that left 752 dead, 982 injured, and the enclave with only 17 hospitals that partially function.
"I saw a semi-functional hospital become unable to function because of the mass casualties, lack of supplies, inability of staff to reach the hospital, and security constraints," Dr. Seema Jilani, who worked for two weeks at Al-Aqsa Hospital, told HRW. "One day while I was there, a bullet went in through the ICU. And in the following few days, Israel dropped leaflets in the surrounding area, the red zone, asking people to evacuate. We were not able to return after that."
Israel's actions come despite the fact that international humanitarian and human rights law affords special protections to people with disabilities in wartime, HRW noted. The United Nations Convention on the Rights of Persons with Disabilities, which Israel ratified in 2012, mandates that signatories take "all necessary measures" to safeguard people with disabilities during armed conflict. In Israel's case, that would mean providing more effective evacuation measures and lifting the blockade to make sure that those with disabilities have what they need to survive, such as food, water, healthcare, medication, and mobility aides.
HRW also said that countries such as the U.S., U.K., Canada, and Germany should pressure Israel to protect children with disabilities by condemning violations, applying sanctions when appropriate, and not sending weapons to Israel while it commits war crimes.
"Israeli authorities need to take immediate action to end the wrongful deaths, injuries, and suffering of children, particularly those with disabilities," Ćerimović concluded. "Governments should urgently adopt measures to press the Israeli government to comply with its legal obligations to prevent further atrocities and to ensure the rights of children with disabilities, and everyone else, are respected."
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