Washington, DC – Kids in Need of Defense (KIND) today noted the enforcement of a reported Immigration and Customs Enforcement (ICE) memo directing agents to focus on putting thousands of unaccompanied children in removal proceedings and to expedite the deportation of others who have outstanding final orders of removal. Access to legal services must ground any actions taken to implement this policy in order to ensure compliance with the law, the integrity and efficiency of the system, and the safety of the children who are affected. As called for under long-standing law, the U.S. government must facilitate legal representation to ensure due process and sound outcomes for this vulnerable population. The enforcement goals of this administration should not be carried out—and cannot be achieved–without putting in place these holistic steps that are vital life-saving protections against trafficking, exploitation, and other real threats unaccompanied children face.
In response to the memo, KIND President Wendy Young issued the following statement:
“The unique needs of children require the administration to ensure a level of care that takes into account their vulnerability while it determines whether they need long-term protection in the United States. Access to legal services for all unaccompanied children released from U.S. government custody must be the core of a holistic policy to protect unaccompanied children from exploitation and trafficking and to ensure compliance with any immigration court and ICE requirements. Even with significant past investments in legal counsel for unaccompanied children, a substantial number of unaccompanied children facing removal throughout the nation lack attorneys. Lack of access to counsel leads to costly inefficiencies in the already sorely backlogged immigration court system. And without counsel, children facing proceedings alone have difficulty understanding or complying with legal requirements such as notices to appear in court. Children with counsel uniformly remain in the system and regularly show up for their hearings.
“To be successful in its goals, the government must partner with legal service providers and the vast network of private sector pro bono partners who provide millions of dollars in free legal services to ensure children understand the process and can share their reasons for seeking safety in the United States. Then the government can decide with confidence who needs protection and who can safely return to their country of origin. Full access to legal counsel is also essential to protect children from trafficking and exploitation and comply with enforcement procedures. If due process is afforded, an immigration court orders a child removed, and it is safe for them to return to their country of origin, that child should have access to support and services necessary to ensure a successful return and reintegration process so that the child can safely remain in their country of origin and not feel compelled to flee again.”
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For more information or to request an interview, please contact Megan McKenna at mmckenna@supportkind.org.