Washington, DC—Kids in Need of Defense (KIND) commends Senator Mazie Hirono’s reintroduction today of the Fair Day in Court for Kids Act – legislation that would guarantee legal counsel for all unaccompanied children in immigration proceedings.
In light of the Trump Administration’s efforts to terminate legal representation for over 26,000 unaccompanied children in communities across the United States, passage of this legislation has never been more critical.
“We deeply appreciate that Senator Hirono recognizes that legal representation helps safeguard unaccompanied children from human trafficking, exploitation, and abuse by those who prey on the most vulnerable,” said KIND President Wendy Young. “The Senator also understands that legal representation for these children strengthens the efficiency of the enormously backlogged immigration court system while advancing a fair legal process grounded in due process for children navigating complex and adversarial immigration proceedings.”
The Fair Day in Court for Kids Act would help uphold efficiency and due process in the cases of the potentially hundreds of thousands of unaccompanied children the administration is reportedly seeking to place into removal proceedings.
Unaccompanied children’s unique vulnerabilities, including their age, developmental stage, and communication and comprehension constraints, make it virtually impossible for them to effectively navigate the immigration system without an attorney at their side. The Fair Day in Court for Kids Act would ensure that no two or three-year old ever again faces immigration court alone.
Attorneys are often unaccompanied children’s strongest line of defense against human trafficking and exploitation and are vital to unaccompanied children’s comprehension of and compliance with immigration requirements and processes. Attorneys can then report mistreatment to relevant authorities as appropriate, guide children’s cooperation in the investigation and prosecution of perpetrators and address urgent safety needs. Children with attorneys overwhelmingly satisfy immigration court hearing requirements. From FY 2005 through June FY 2019—the most recent relevant data available—98 percent of children with lawyers appeared for their hearings, helping ensure that these children remain in the U.S immigration system and in contact with the Executive Office for Immigration Review and Immigration and Customs Enforcement as appropriate.
By preventing waste and limiting operational burdens on Immigration and Customs Enforcement and Executive Office for Immigration Review personnel alike, attorneys for unaccompanied children are essential to driving efficiencies that are needed more than ever in the face of the immigration court system’s nearly 4 million case backlog.
KIND calls for swift passage of this legislation; thousands of particularly vulnerable children’s safety and well-being depend on it.
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Media Contact: Megan McKenna, mmckenna@supportkind.org, 202-631-9990