Juvenile Court Judge to Handle Guardianships for Undocumented Youths

By Walter F. Roche Jr.

Acknowledging there is widespread confusion among her colleagues across the state, Davidson Juvenile Court Judge Sheila J.P. Calloway says she and her staff are gearing up to handle an upsurge of guardianship cases for undocumented minors.
Calloway said the confusion and disagreement among judges across the state was apparent during a recent conference of the Tennessee Council of Juvenile and Family Court Judges.
Calloway said that while she and others had hoped the conference would lead to clarity, participants seemed even more confused and conflicted after the session.
"I'm not sure any of us came up with a clear picture," Calloway said in an interview.
The confusion and disagreements come as Tennessee courts are seeing an upsurge of cases for minors who have fled central American countries seeking legal refuge in the United States. In two recent cases handled by Calloway, two cousins from Honduras were apprehended as soon as they crossed the border.
Several cases have been filed in Calloway's court and many were transferred to her after first being filed in Davidson Probate Court.
Calloway said that is in contrast to what she experienced during the nine years she served as a magistrate in the same court and saw no such cases.
The guardianship cases were filed as a first step in a process that could lead to special citizenship status for the minors.
For her part Calloway said that at least for now she will handle the petitions directly rather than having the cases initially assigned to one of several magistrates on the court.
"It will help us get a better handle on the situation" she said.
"We're still trying to work out a process," she added.
Calloway already has approved two guardianship petitions for youths who were about to turn 18.
Lawyers for those youths who are seeking "special status" under federal immigration laws say the guardianship is a necessary first step in what is likely to be a long bureaucratic process.
The recent spurt of Tennessee cases follows a state attorney general's ruling last year, in which he concluded that the guardianship petitions for undocumented minors could be heard either by probate or juvenile court judges.
Calloway said that recent actions by the Obama administration on immigration may be a factor in the decision of some undocumented aliens "to come out of the shadows."
In the most recent case Galloway granted guardianship of Fredy Osmaro Orellana to his paternal aunt.
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