Immigration Attorneys For Kids Causes DOJ Conflict

In a speech to the Hispanic National Bar Association on Friday, Attorney General Eric Holder stated that the thousands of children who have entered the U.S. illegally in recent months should have an immigration attorney to represent their interests in the country’s crowded immigration courts. While Mr. Holder mentioned that, as undocumented immigrants, the children do not have the same rights to legal representation as citizens have, he argued that “we have policy reasons and a moral obligation” for children to be represented by immigration attorneys.

Differing Opinions On Immigration Attorneys

Mr. Holder’s statements go against the stance others at the Department of Justice have taken on the role of immigration attorneys in these cases. Deputy Assistant Attorney General Leon Fresco argued in a federal court in Seattle that providing immigration attorneys to undocumented children would send the wrong message. Mr. Fresco stated that the inclusion of immigration attorneys in the process “would create a magnet effect” and let other undocumented immigrants know that they could enter the country with impunity.

Children Not Guaranteed Immigration Attorneys

The children are not guaranteed to have an immigration attorney present at their hearings, which increases their chances of being deported to their native countries. According to current immigration law, children who arrive from Mexico and Central America are guaranteed court hearings. However, the overwhelming numbers of children who have passed through the border, often without their parents, has overwhelmed the court system. Reports have shown that more than 60,000 unaccompanied children have entered the U.S. from Mexico, Honduras and Guatemala in their attempts to flee from violent drug gangs.

Immigration Attorney Questions DOJ Contradiction

An immigration attorney in the Seattle case argued that children should have representation under the Constitution’s due process clause. Matt Adams, an immigration attorney who serves as the legal director at the Northwest Immigrant Rights Project, stated that the Justice Department was attempting to make too fine a distinction between the letter of the law and the government’s stated moral obligation to provide the children with adequate counsel.

“If you’re saying there’s a moral obligation to the children,” Mr. Adams said, “you’re recognizing that, in order for them to have a fair hearing, they need an attorney.”

DOJ Spokesperson Clarifies Immigration Attorney Status

Nicole Navas, a spokesperson with the Justice Department, attempted to clarify the office’s standing on immigration attorneys and immigrant children. Ms. Navas stated that the Department would want children to have an immigration attorney representing them “as a policy matter”. However, the Seattle case involves the question of whether the children are entitled to that representation at government expense. Ms. Navas also said that the Obama Administration is requesting that Congress approve funding for additional immigration attorneys “as a matter of discretion.”

Source: PBS News Hour

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