A baby in a basket is clearly capable of representing oneself in immigration court.

An eleven member panel of Ninth Circuit federal judges is currently hearing arguments regarding whether or not immigrant children should have free legal representation in immigration court removal proceedings. Specifically, this case centers around an immigrant minor, C.J., who asked for asylum when emigrating from Honduras at the age of 13, claiming that violent gangs were threatening to harm him if he didn’t join their ranks. An immigration judge rejected his asylum claim. C.J. appealed this decision, claiming that he should have been appointed free legal representation at that immigration hearing. In January of 2018, a three-member appeals court panel unanimously agreed that C.J. was not entitled to such representation, and now the issue is being brought in front of a larger Ninth Circuit federal judge panel.

Immigration Court - A Different Animal

The question is complicated on many levels, primarily because immigration court has different procedural rules than standard courtrooms. Unlike civil and criminal courts, judges decide immigration court cases, not juries. These judges have a heavy caseload, almost double that of regular courts. Many feel that a lawyer representing the immigrant would help bring important factors in individual cases to the judge’s attention more clearly and efficiently, given the judge’s demanding caseload. Also, there is no constitutional requirement for the defendant immigrant to have legal representation, since this is not considered a criminal trial. 

Feds “Can’t Think of a Situation” Where Lack of Representation Would Be Unfair

Federal prosecutors beg to differ. “Existing law, existing procedures, and existing duties give children of all ages the help they need and the help that due process and federal statutory law requires,” according to Justice Department lawyer Scott Stewart. U.S. Circuit Judge Andrew Hurwitz challenged Stewart on this issue, asking “So your view is there can be a fundamentally fair proceeding with a two-year-old in front of an immigration judge with no representation at all,” U.S. Circuit Judge Andrew Hurwitz asked. “Would an appointed lawyer ever be required?” Stewart replied: “I can’t think of a situation.” Stewart even went so far as to say that he thought an immigration proceeding involving “a baby in a basket” would still be fundamentally fair.

If you or someone you love is facing immigration issues, contact a local immigration attorney. Many lawyers will take these cases on a free, or low-cost basis, if you cannot afford their fees. Immigration laws are complex and ever changing. Don’t feel you have no choice but to go it alone. Contact one today. It could make all the difference.

Related Resources:

  • Find an Immigration Attorney Near You (FindLaw Lawyer’s Directory)
  • What Families Should Know About Immigration Detention (FindLaw Law and Daily Life)
  • Special Immigrant Juvenile Status: Do You Qualify? (FindLaw Law and Daily Life)

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