Rep. Lloyd Doggett: Provide Legal Council to Migrant Children

Recently, an immigration judge said he thinks 3-year-olds can learn and apply immigration law. Sadly, this is the type of thinking with which important advocates, like RAICES, must deal with regularly. The following San Antonio Express-News editorial notes recent legislation introduced to provide counsel to children appearing in immigration court. As a sponsor of the House Bill, the Fair Day in Court for Kids Act, I know access to counsel is imperative for those most vulnerable, children.

San Antonio Express News: Provide legal counsel to migrant kids

By The San Antonio Express News Editorial Board

Posted March 13, 2016

Children who are 3 and 4 years old cannot represent themselves in immigration court. These children are of an age in which language, brain development and social skills are still being actively formed.

That the above defense of migrant children has to be made is because Jack H. Weil, a longtime immigration judge, essentially made the claim in a deposition in federal court in Seattle. The American Civil Liberties Union and a coalition of immigrant rights organizations are suing the federal government to provide legal counsel to migrant children, a need heightened by the recent influx of children, accompanied and unaccompanied, fleeing murder, violence and privation in their Central American countries — principally Honduras, El Salvador and Guatemala.

Weil later said the comments were taken out of context and were part of hours-long sworn testimony in the deposition. But it seems clear that in the deposition, he said he has taught children that age immigration laws and, while not ideal, they can be made to understand.

Federal law does not provide for government-provided legal counsel in immigration proceedings — for adults or children. But it does require “full and fair hearings.” Not providing legal counsel in these proceedings for children stretches the definition of “fair” beyond recognition.

The federal government has bent a bit, finding that many Central American migrants — adults and children — could demonstrate “credible fears” for their well-being should they be returned to their countries. Immigrant advocates say most who are successful in staying are those with legal representation, generally pro bono from advocacy groups. These groups, however, are stretched to sustain this level of representation and not every Central American migrant gets it.

Providing this kind of help to at least the children would make these proceedings fuller and fairer.

Senate Minority Leader Harry Reid and others have introduced a bill that would require legal representation for these children and for victims of abuse, torture or other violence. Under the bill, the Department of Homeland Security would also have to ensure that detainees know their rights and responsibilities under the law.

Unfortunately, it is unlikely to become law in the last year of the Obama presidency.

The federal government should stop fighting this suit and reach a settlement to give them legal representation.