Each year, the government initiates immigration court proceedings against thousands of children. Some of these youth grew up in the United States and have lived in the country for years, and many have fled violence and persecution in their home countries. The Obama administration even recently called an influx of children coming across the Southern border a "humanitarian situation." And yet, thousands of children required to appear in immigration court each year do so without an attorney. This case seeks to remedy this unacceptable practice.
"If we believe in due process for children in our country, then we cannot abandon them when they face deportation in our immigration courts," said Ahilan Arulanantham, senior staff attorney with the ACLU's Immigrants' Rights Project and the ACLU Foundation of Southern California. "The government pays for a trained prosecutor to advocate for the deportation of every child. It is patently unfair to force children to defend themselves alone."
The plaintiffs in this case include:
- A 10-year-old boy, his 13-year-old brother, and 15-year-old sister from El Salvador, whose father was murdered in front of their eyes. The father was targeted because he and the mother ran a rehabilitation center for people trying to leave gangs.
- A 14-year-old girl who had been living with her grandparents, but was forced to flee El Salvador after being threatened and then attacked by gang members.
- A 15-year-old boy who was abandoned and abused in Guatemala, and came to the United States without any family or friends.
- A 16-year-old boy born in Mexico who has lived here since he was 1 year old and has had lawful status since June 2010.
- A 16-year-old boy with limited communication skills and special education issues who escaped brutal violence exacted on his family in Honduras, and who has lived in Southern California since he was 8 years old.
- A 17-year-old boy who fled gang violence and recruitment in Guatemala and now lives with his lawful permanent resident father in Los Angeles.
"While our law firm, and others around the country, provide free legal services to children facing the injustice of appearing alone in court, we can help only a small fraction of the children in need," said Theo Angelis, a partner at K&L Gates LLP.
Kristen Jackson, senior staff attorney with Public Counsel, a not-for-profit law firm that works with immigrant children, added, "Each day, we are contacted by children in desperate need of lawyers to advocate for them in their deportation proceedings. Pro bono efforts have been valiant, but they will never fully meet the increasing and complex needs these children present. The time has come for our government to recognize our Constitution’s promise of fairness and its duty to give these children a real voice in court."
The complaint charges the U.S. Department of Justice, Department of Homeland Security, U.S. Immigration and Customs Enforcement, Department of Health and Human Services, Executive Office for Immigration Review and Office of Refugee Resettlement with violating the U.S. Constitution's Fifth Amendment Due Process Clause and the Immigration and Nationality Act’s provisions requiring a "full and fair hearing" before an immigration judge. It seeks to require the government to provide children with legal representation in their deportation hearings.
"Deportation carries serious consequences for children, whether it is return to a country they fled because of violence and persecution or being separated from their homes and families. Yet children are forced into immigration court without representation – a basic protection most would assume is required whenever someone’s liberty is at stake. Requiring children to fight against deportation without a lawyer is incompatible with American values of due process and justice for all," said Beth Werlin, deputy legal director for the American Immigration Council.
The case, J.E.F.M. v. Holder, was filed in U.S. District Court in Seattle, Wash.
"It is simply unacceptable that children are forced to stand alone before an immigration judge, pitted against trained attorneys from the federal government," said Matt Adams, legal director for Northwest Immigrant Rights Project. "Any notion of justice or fair play requires that these children be provided legal representation."
Learn more about the case: https://www.aclu.org/immigrants-rights/jefm-v-holder
Download the complaint: https://www.aclu.org/immigrants-rights/jefm-v-holder-complaint
See a timeline of litigation and legislation dealing with unaccompanied minors: https://www.aclusocal.org/uac-timeline/
CONTACT: Sandra Hernandez, ACLU of Southern California, 213-977-5252, shernandez@aclusocal.org Wendy Feliz, American Immigration Council, 202-507-7524, wfeliz@immcouncil.org Matt Adams, Northwest Immigrant Rights Project, 206-501-6249, matt@nwirp.org Kristen Jackson, Public Counsel, 213-385-2977 ext. 157, kjackson@publiccounsel.org Michael Rick, K&L Gates LLP, 412-355-6455, Michael.Rick@klgates.com
