Huffington Post: “Democratic Lawmakers Want Kids In Immigration Proceedings To Get a Fair Shot”

Many unaccompanied minors in deportation hearings do not have legal representation, and a new bill sponsored by Democratic senators proposes to change this. The bill, called “Fair Day in Court for Kids Act,” led by Senators Harry Reid, Bob Menendez, Patrick Leahy, Patty Murray, and Dick Durbin, proposes to ensure that children in immigration proceedings have access to lawyers, legal orientation programs, and post-release services. It also applies to "vulnerable individuals," defined as people with a disability or victims of abuse, torture, or violence.

In a speech on the Senator floor introducing the bill, Senator Reid discussed the importance of dealing with the humanitarian crisis from Central America, noting that thousands of migrants, mainly women and children, have fled the region to escape extreme violence, human trafficking, drug trafficking, sexual assaults, and widespread corruption and have come to the US seeking asylum. He said:

These refugees should have help in making their asylum request. And that means that they need a lawyer. Under current U.S. law, there is no right to appointed counsel in non-criminal immigration removal proceedings, even if the person in question is a child. Imagine that. These children, who don’t speak English and are in a new country, are unreasonably expected to represent themselves in a court of law?

Having legal representation can prove critical for women and children in deportation proceedings, as a study by the Transactional Records Access Clearinghouse at Syracuse University found that children were allowed to remain in the US in seventy-three percent of cases in which they had representation, according to data from fiscal years 2012 to 2014. Children without representation were only allowed to stay in fifteen percent of cases. "Trying to win asylum without a lawyer is like playing Russian roulette," Gregory Chen, Director of Advocacy for the American Immigration Lawyers Association (AILA), said on a call with media.

While some groups, including Kids In Need of Defense (KIND) help provide attorneys for children in deportation proceedings, and the Justice Department provided grants in 2014 for attorneys to assist, currently only about a third of minors are going through the immigration process with legal counsel, according to the latest data. "It's just so patently unfair to put these kids through this process unless they have some help," Wendy Young, president of KIND, told the Huffington Post. For deportees returned to the highly dangerous Central American region, a Guardian report found many of them including minors were killed after their return to their home countries.

The legislation will likely face opposition from the Republican-controlled Congress. In a congressional hearing earlier this month, several Republican panel members blamed President Obama’s lax immigration policies for attracting the surge of migrants and children from Central America. Congressman Trey Gowdy said that migrant children are told that once in the US they should find an immigration officer and claim asylum, and he charged the Obama administration with not conducting adequate background checks on the people who sponsor the newly-arrived children, leading to their possible exploitation, he asserted.

Why I’m Pro Pro Bono and You Should Be Too

Pro bono refers to work for the public good and in service to low-income clients. As legal professionals, our law licenses symbolize the economic monopoly we have over the provision of legal services. With that monopoly comes an obligation to ensure that those legal services are available to all who need them, and not just the select few that can afford to pay for them. There are few fields where this obligation is more important than in immigration law. Unlike criminal law, where a defendant has a constitutional right to be provided an attorney in the event that they cannot afford one, in immigration law–and most other areas of civil law–there is no right to free counsel. Over the last decade, there has been an increasing recognition of the need for a “civil Gideon” right (Gideon refers to the seminal Supreme Court case, Gideon v. Wainwright, that established the right to counsel in criminal proceedings)–the right to counsel for the poor in civil matters, including housing, family, and immigration law, among other areas of law.

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Jon Stewart's 5 Best Moments on Immigration

In news that makes a lot of people very sad (including us), Jon Stewart is leaving the Daily Show in August after sixteen years as host. In a revealing and in-depth interview, he cited the weary prospect of covering the upcoming US election that led him to leave the show. While the Daily Show, of course, covered a wide variety of political and cultural topics, Stewart had many great and enlightening segments on immigration. And so as Comedy Central begins the goodbye to Jon Stewart by streaming 2,000 episodes of the show online beginning tomorrow, we thought it would be an opportune time to revisit the show's best immigration moments under Stewart's leadership. We're hopeful these types of segments will continue, because, fortuitously, the new Daily Show host is an immigrant himself.

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OPINION: A Lifeline at the Border: No More Deaths

For decades there has been an increased militarization of the US-Mexico border. For most of the country’s history, the southwest has been culturally and economically connected to the northwest Mexican states of Sonora and Baja California Norte. After the 1980s, when hundreds of thousands of Central American refugees fled the wars in their countries and crossed our southern border, the US government began to construct walls and other barriers to stem the tide. In 1994, the government implemented Operation Gatekeeper, whose aim was to deter would-be migrants from crossing at the historic and well-worn crossings around the Tijuana/San Diego corridor. To some extent, the plan worked—fewer people crossed near the major population centers. But they did not stop coming. Instead, people were pushed out further and further into the extremely inhospitable terrain of the Sonora desert of southern Arizona. By the late 1990s, southern Arizona became the epicenter of a migration, and ground zero of an increasingly deadly journey. There do not appear to be good statistics of how many people die crossing into the US, but several thousand deaths have been documented over the last two decades, and it is estimated that several hundred die each year from dehydration, hypothermia, drowning, or exhaustion.

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Opinion: Crisis at the Border

The surge in Central American children crossing the US-Mexico border over the last nine months has been all over the news, and has revealed some of the best—and worst—of this country. Surely, the increase in the number of children crossing the border has overwhelmed the US Border Patrol, who are far more used to arresting adults running from them than children running toward them, and are, moreover, entirely unequipped to care for and house these children. In many instances, these children have fled horrific gang violence and crushing poverty, and have come to the US in search of parents that they have not seen for most of their lives. This difficult situation has exposed the fault lines in American politics and given opportunities for people across the political spectrum to show their true colors.

The surge of new arrivals has provided fodder for Republican criticisms of President Obama as an “Amnesty President.” The president’s meager administrative measures to provide relief to the undocumented are blamed for fueling rumors that children will get a “permiso” if they can make it to the other side of the Rio Grande. (Calling Obama the “Amnesty President” is, of course, baseless posturing given the hard cold facts that many more people have been deported under the Obama administration than during any of his predecessors’ administrations, notwithstanding recent reports that deportations have actually decreased 20% in the last year compared to the year before).

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Border Surge Update: Children Reuniting with their Parents

It is estimated that more than 57,000 unaccompanied minors have crossed the US-Mexico border in the last several months, overwhelming the border agents and immigration courts seeking to stem the tide, as well as communities and legal resources seeking to help them. Most of these children are fleeing severe poverty, and many are fleeing gang and drug violence. Many of these children are also coming to reunite with their parents, immigrants living without legal status in the US. ABC News features a story of one young woman from Guatemala, 19-year old Washington, D.C. resident Cindy Monge, who made the journey herself when she was only 11 years old. Like many of the children coming now, Cindy had never met her father and rarely saw her mother when she left home in 2006 to reunite with her family.

The New York Times reports that a “vast majority” of the children coming to the US now are coming, at least in part, to reunite with their families. According to the article, Government officials are aware that many of the sponsors are also living illegally in the US. Since there is no requirement that a sponsor taking in a child be lawfully present in the US, many of these parents have quickly reclaimed their children. According to the article, those children who are not claimed remain in the custody of the Office of Refugee Resettlement, which is frantically scouring the country looking for suitable shelters to house the children as they process asylum claims and go through removal proceedings.