Immigrant Children Must Have Access to Court-Appointed Counsel

The U.S. government does not guarantee appointed legal counsel for non-citizens in immigration proceedings. Many unaccompanied immigrant children arrive in the United States with complex legal cases, such as described above.  Even those who come for economic reasons may have been sent by their families to travel across the border with a smuggler.  These children should be represented in immigration court by lawyers, not left to navigate the immigration system on their own.  While legal aid organizations and pro bono attorneys strive to fill the gap, these volunteer efforts are typically unable to meet the present demand.  U.S. federal law should guarantee appointed counsel for unaccompanied immigrant children in proceedings. Additionally, the U.S. Office of Refugee Resettlement should expand its limited pilot project that offers legal orientation programs to help unaccompanied immigrant children understand the basics of the law.  The guardian ad litem program should be adopted permanently Because children are treated as adults under immigration law, the U.S. government should make special efforts to secure due process in their cases.  Assigning a trained guardian ad litem, or child's advocate, as needed, has proven to be an effective way to ensure that the best interests of unaccompanied immigrant children are considered.  

Detained Immigrant Children Should Be Held Only in Facilities Near Legal and Social Service Providers

Immigrant and refugee children often suffer from physical and mental conditions resulting from the violence they left behind and the dangerous journeys they traveled to reach safety.  Many arrive in the United States with pressing medical and mental health needs.  Access to doctors, therapists, and other social service providers is critical for these children.  Such treatment can also provide valuable analysis for their legal cases. Unfortunately, some of the facilities and juvenile detention centers that hold unaccompanied immigrant children are located hundreds of miles from cities and towns where pro bono legal representation and medical and social services are available.  Prolonged detention and isolation from these services can lead children to abandon relief and return to their home countries, even if they face persecution or threats of violence.