Immigration experts in diapers

A senior immigration judge rocked the immigration law world this month when he stated that 3- and 4-year-olds could adequately represent themselves in immigration court.

Anyone who’s watched an episode of “Law and Order” knows that “if you cannot afford an attorney, one will be appointed to you.” However, the right to counsel only applies to criminal proceedings, while matters in federal immigration courts are considered civil in nature. Therefore, indigent respondents in removal proceedings have no right to a court-appointed attorney representative even though possible consequences of losing their case include deportation and a lifetime of separation from loved ones.

The ACLU and other activist groups are challenging that rule — at least for immigrant children who cannot afford a lawyer. Their lawsuit alleges that lack of counsel for minors in immigration court violates due process and the right to a “full and fair hearing” under the Immigration and Nationality Act.

Assistant Chief Immigration Judge Jack H. Weil, a member of the Maryland bar, was deposed as a witness for the government. In his testimony, he suggests that although it may take “a lot of time,” he can teach enough immigration law to a 3- or 4-year-old to permit them to competently represent themselves.

His remarks have shocked and outraged immigration lawyers who took to their smartphones to record mock immigration hearings of toddlers. The footage is priceless.

Waves of unaccompanied minors have been crossing the border, generally fleeing widespread gang violence in Central America. Guatemala, Honduras, and El Salvador are among the countries with the highest homicide rates. I’ve heard horrific stories of rape, extortion, and murder from mothers and children fleeing these countries.

Can you imagine a child standing alone in a courtroom going up against an attorney for the Department of Homeland Security? These children face an inherent unfairness in the system with little to no knowledge of American immigration law. Many cannot read and write in their native language, let alone English.

Pro bono groups in Maryland have many children on waiting lists for volunteer attorney referrals. Consider contacting the Unaccompanied Children Pro Bono Project to ask about volunteering opportunities to help these children. Once you take a training, you will be connected with opportunities at immigration legal services organizations operating throughout the state including Catholic Charities, Kids in Need of Defense, the Tahirih Justice Center, CAIR Coalition, and the various county-based pro bono referral programs near you.  Malpractice insurance, mentorship and case support are available.