“No Return” Best Interest Finding

In addition to deciding the dependency issues, the court must find that it is not in the child’s best interest to return to the child’s or parent’s previous country of nationality or last habitual residence. The court uses the same best interest factors and analysis under state law that it used in making the first two findings — dependency and the nonviability of being reunited with one or both parents on account of abuse, neglect, abandonment, or a similar basis — to make the “no return” finding.

The standards for making best interests determinations is generally set by statute and accordingly varies by state. A compendium of best interest statutes is here.

There are a wide range of factors the court will take into account that are not related to the abuse/abandonment. These include alternative caregivers; family/friend support systems; access to medical, both physical and mental; access to education; protection and security; ability to exercise basic freedoms; and ability to have the child’s identity recognized and protected. Identity includes sex, sexual orientation, national origin, religious and cultural beliefs, cultural identity and personality.

In the “no return” context, accessing what will happen to the child depends on the facts of her case set in the context of the conditions in the home country. An advocate must understand country conditions in order to draw out the child’s story and prepare a persuasive case overall. Providing the court with evidence of country conditions is also critical because objective evidence can lend credibility to the client’s story and in some cases corroborate it. For example, evidence of the lack of protection and security in a certain country can help the court understand the many difficulties the child would face if they were forced to return to their country of nationality or last residence.

This is a library of curated publications that discuss country conditions. Additional publications can be found here.

The goal of the Predicate Order Resource Center and this page is to provide advocates with easy access to publications and other resources to be used as a starting place for research and further investigation. It is not a substitute for independent thought, research and, if applicable, obtaining legal advice.

Human Rights Watch

HRW uses its research to provide country specific updates on human rights abuses and to generate reports on particular issues.

Amnesty International

Generates an annual report on the state of human rights in 149 countries. The 2022/2023 reports are here.

US Department of State: Human Rights Report

The State Department issues annual country reports looking at individual rights, civil, political and worker rights which are internationally recognized under various international agreements.

InSight Crime

This think tank studies and reports on organized crime across Latin America and the Caribbean. It provides regular updates on the status of organized crime within countries and regions, and aggregates news on violence within those places. These materials include reports on the forms of violence and neglect that children face.

International Crisis Group

This independent organization monitors global conflict and generates up to date reports on threats to peace and security within countries and regions. Their focus includes the effects of gang violence and crime on women, the role of women in organized crime, and other topics relevant to children.

Immigration Equality

This immigrant rights organization serves the LGBTQ+ and HIV-positive. This directory of country condition reports covering 69 countries was updated in 2023.

Children’s Immigration Law Academy (CILA)

This is a compilation of Conditions for LGBTQIA+ Children & Youth in Guatemala, El Salvador, Honduras, Mexico, Nicaragua and Afghanistan. The research provides insight into the harms children are experiencing, the rates at which these harms are occurring, and the governmental response. Access to this compilation is password restricted. Contact CILA at cila@abacila.org to obtain a password.

VECINA

This is an index of country conditions in Afghanistan, Cameroon, Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Nicaragua, Peru, and Venezuela. Each index is broken down by topic which specifically includes violence against women and against children.