- United States
- Texas
- Letter
I urge you to pass legislation guaranteeing qualified, independent legal representation for every child in immigration proceedings, with federally funded counsel for children who cannot obtain an attorney. Congress must also prevent these proceedings from moving forward until children have representation and their lawyers have adequate time to prepare.
Children are facing judges without anyone responsible for defending their rights. A New York Times investigation documented a 7-year-old agreeing to leave the country without a lawyer and an immigration judge ordering a 1-year-old appearing without counsel to file an asylum application. These children cannot reasonably be expected to understand immigration law or the consequences of their answers in court.
The Trump administration allowed a major legal services contract for unaccompanied children to expire in July. Subsequent arrangements have failed to ensure that children consistently receive direct representation. Having a neutral adviser available in court does not fulfill the need for an attorney who investigates a child’s circumstances, identifies available protections, and advocates for that child.
Congress must immediately fund the restoration and expansion of independent legal services for these children. Any funding or contracting requirements must preserve attorney-client confidentiality and the independence of the attorneys representing them.
Please also require oversight and public reporting on gaps in representation, including how many children face proceedings without counsel and what steps agencies are taking to secure lawyers before their cases continue.