Many minors,1 seeking refuge from countries “rife with violence and abject poverty,” arrive in the United States despite the risks of border crossing and the probability of apprehension and removal. Often, they are willing to risk the potentially fatal journey because the other option is certain death. What many do not realize is that nearly half of the unaccompanied immigrant children (UIC) who make it to the United States are unrepresented by counsel at any point in removal proceedings.2
Children Deserve Representation
Notably, “[s]uspected killers, kidnappers and others facing federal felony charges, no matter their ages, are entitled to court-appointed lawyers if they cannot afford them. But children accused of violating immigration laws, a civil offense, do not have the same right.”3 This is so even though Department of Homeland Security attorneys represent the government. The U.S. Supreme Court has long recognized that children “require significant legal guidance because of their inherent vulnerabilities,” and immigration court should be no exception.4 Moreover, the Due Process Clause of the Fifth Amendment of the U.S. Constitution provides a constitutional basis for the right to appointed counsel regardless of the civil nature of the immigration proceedings.5 The government should recognize such rights and provide counsel to unaccompanied immigrant children.
