Retired U.S. Immigration Judge
Knightess of The Round Table
Photo Source: Immigrant Justice Corps website
From The Hill:
As a retired immigration judge, I have watched with concern reports of the surge of unaccompanied immigrant children crossing the border into the United States. There are many reasons for concern—their housing, their health, their safety. To me, there is an additional, very real, and often overlooked question looming on the horizon: What will happen when these children, even toddlers and babies, appear alone in immigration court?
Yes, alone. While a person in immigration proceedings is entitled to be represented by a lawyer if they can afford it, there is no constitutional or even statutory right to appointed counsel in immigration proceedings. That means those who cannot afford a lawyer must appear in court alone, including children.
While I am pleased to see the Biden administration plans to provide government-funded legal representation for certain immigrant children in eight U.S. cities, this new initiative is still a far cry from the universal representation needed to support children in removal proceedings.
Imagine, if you can, a child — 2 years old, 10 years old or 17 years old — appearing before an immigration judge alone. How does a child, already intimidated and confused by the courtroom setting, understand the nature of the court proceedings and the charges against them? How can a child understand the complexities of immigration law, their burden of proof, and possible defenses against deportation? The short answer is they cannot.
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Read the rest of the op-ed at the above link.
The “Fair Day For Kids in Court Act of 2021” is endorsed by the “Round Table” ⚔️🛡 among many other groups in the NDPA!
Here’s a summary (courtesy of Hon. “Sir Jeffrey” S. Chase):
Senator Mazie Hirono (of [Round Table “Fighting Knightess” Judge] Dayna Beamer’s home state of Hawaii) plans to introduce the attached bill on Thursday, that would provide counsel for unaccompanied children in Immigration Court by:
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Clarifying the authority of the federal government to provide or appoint counsel to noncitizens in immigration proceedings;
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Requiring the appointment or provision of legal counsel to all unaccompanied children in proceedings unless they obtained counsel independently;
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Mandating access to counsel for all noncitizens in CBP and ICE facilities;
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Requiring that, if the government fails to provide counsel to an unaccompanied child and orders that child removed, the filing of a motion to reopen proceedings will stay removal; and
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Requiring government reporting on the provision of counsel to unaccompanied children.
Here’s the text of the bill, which will be introduced by Sen. Hirono later this week:
Thanks Sarah and Jeffrey! So pleased to be part of the “support group” for this long-overdue and badly needed legislation that would do what to date Congress, the Federal Courts, and DOJ have failed to do: Enforce the Due Process Clause of the Fifth Amendment in Immigration Court!
President, Kids In Need of Defense (“KIND”)
And, of course, we should never forget the ongoing, daily work performed by NDPA Superhero 🦸🏻♂️ Wendy Young and Kids in Need of Defense (“KIND”) in ending the disgraceful blot on American justice of unrepresented kids in Immigration Court:
Dear Paul,
I met Maria* in immigration court. The judge sat in his robes behind the bench when he called her deportation case.
A trial attorney from the Department of Homeland Security sat at the front, prepared to argue for Maria’s removal from the U.S.. Maria was by herself without a lawyer by her side.
She was five years old.
She approached the bench, wearing her nicest clothes, clutching a doll. She sat behind the respondent’s desk, barely able to see over the microphone. The judge asked her a number of questions about why she was in the US and about her life here, none of which she could answer. Her eyes grew bigger and bigger as she sat silently, until he finally dismissed her and told her to come back at a later date. As she left the court, he asked her what the name of her doll was. In Spanish, she replied, “Baby Baby Doll.” That was the only question she could answer.
That moment haunts me. I continually wonder about the insanity of asking a five year old to stand alone and defend herself against deportation in a federal courtroom. It should never happen. Which is exactly why KIND has mobilized and trained a powerful group of pro bono attorneys to represent and work with children just like Maria who deserve legal representation in a U.S. immigration court.
This October, KIND is honoring the pro bono attorneys who have helped more than 27,000 children referred to KIND receive legal representation that often means the difference between relief and deportation and, by extension, a child’s safety or danger.
Here’s the direct impact your gift today can have for children like Maria:
- $75 will support a child’s success and provide a backpack and basic school supplies for a child beginning school in the U.S.
- $100 will give nourishment, and provide groceries and essentials to help keep children fed and healthy while they await the outcome of their legal case.
- $250 will give a child a voice by helping pay for an interpreter so an indigenous child can tell their story in court.
- $500 will allow us to make a life-saving connection and train attorney’s across the country to evaluate and work with refugee children in need of representation and critical social services.
- $1500 will help us connect kids to mental health resources, including psychological evaluation and other mental health services for a child seeking asylum in the U.S..
- $5000 will provide hope and safety to a vulnerable child by ensuring we have the resources we need to offer comprehensive legal representation and social service needs for however long it takes to win their case.
Paul, these are just a few ways we’ll put your gift to work, but know that your donation in ANY amount is critical to the number of children we can reach, and represent, through the amazing efforts of our pro bono attorney network.
These kids are scared, they are traumatized. They are intimidated. And without the services provided by organizations like KIND, they are all alone.
But that’s why we’re here – and that’s why I hope you’ll consider making a gift today to support this life-changing work. Your donation today will have a direct impact on the lives of refugee children who deserve to have someone in their court.
Thank you so much for your generosity today, and always.
🇺🇸Due Process Forever!
PWS
10-26-21