Minors vs. the System: How Children Face Immigration Court Without Lawyers

In shelters across New York City, migrant children are effectively participating in real court proceedings without lawyers or parents. They swivel in chairs, wander around the room and play while immigration judges address them on computer screens, reports Gothamist.

"We are here because the United States government wants you to leave the United States," Judge Ubaid ul-Haq, presiding over the Varick Street courtroom, recently told a group of children on Webex.

"My job is to decide whether you should leave," Hak continued. "I also have to decide whether you should stay."

Among the participants was a 7-year-old boy wearing a T-shirt with a cartoon pizza on it. The child spun a toy windmill as the judge spoke. There was an 8-year-old girl and her 4-year-old sister, who clutched a pink stuffed animal and tucked it up her sleeve. None of the children were accompanied by parents or lawyers. The only people in court were shelter workers who helped them register for the hearing.

Immigrant rights advocates and lawyers say more migrant children are showing up in immigration court without lawyers, which they say will lead to more deportations.

Vulnerability to deportation

On March 21, the Trump administration canceled part of a $200 million contract that funds attorneys and other legal services for unaccompanied children who arrived in the United States without a parent or legal guardian. While the move is being challenged in court, immigrant advocates say the impact is already being felt. Attorneys are refusing to provide services, leaving some children alone.

“How is a child supposed to cope with this?” asked Beth Krause, a senior attorney at the Legal Aid Society. She said even many adults find themselves confused and at a disadvantage in immigration court proceedings.

On the subject: Arbitrariness or routine procedure: stories of visa and green card holders who were detained and deported

The federal contract now sends $18 million to nine legal providers across New York state to represent about 1800 children.

Before the termination of the contract, 30-40% of children did not have lawyers, whereas now it is 50-60%.

They will likely be deported, said Mina Shah, co-managing director of The Door Legal Services Center.

Nearly all people (96%) who appear in New York State immigration courts without legal representation end up with a deportation verdict, according to the Transactional Records Access Clearinghouse. Meanwhile, less than a quarter (23%) of those who have representation are deported.

"The brutality is really evident to all of us here on the ground," Shah concluded.

Rise in number of unaccompanied children

Migrant children who arrive in the United States without parents or legal guardians are considered "unaccompanied children." They are transferred to shelters run by the federal Office of Refugee Resettlement.

The number of unaccompanied children arriving in the United States has reached record levels in recent years, peaking in 2022 at 129. Last fiscal year, 904 unaccompanied children entered the country, up tens of thousands from 98 and previous years.

The vast majority of unaccompanied children are Spanish-speaking from Honduras, Guatemala, El Salvador or Mexico.

Children who enter the United States without authorization are subject to deportation proceedings just like adults in the same situation. People are not guaranteed free attorneys in immigration court if their income falls below a certain threshold.

Local attorneys act as "friends of the court" for unaccompanied migrant children during immigration court proceedings.

Lawyers who act as “friends of the court” play an important role in protecting children without lawyers. They typically ask the judge to give the children more time to find lawyers. Lawyers can also conduct legal screenings for children to determine whether they are eligible for certain forms of immigration relief.

Fight for funding

Nonprofit legal groups representing unaccompanied migrant children say they are now rushing to fill huge funding gaps.

Some have laid off staff, while others are considering layoffs in the future. Several groups say they are turning to private donors and foundations for help. Many providers say they have stopped accepting new clients.

They are trying to restore funding, at least partially.

A federal judge recently ordered the Trump administration to temporarily reinstate the contract, but funding for legal services providers is still not coming.

“The problem is uncertainty,” said Christine Brown, president and CEO of the Empire Justice Center. “It makes it really difficult to run an organization.”

The Door’s board of directors agreed to fund the group’s services for unaccompanied minors through June 30. Kelsey Louie, the Door’s CEO, organized dozens of meetings with donors. Many of those donors were inundated with requests from other organizations.

The federal contract paid Door $4,3 million annually, representing 60 percent of the group's legal services center budget and 12 percent of the organization's overall budget.

On April 4, The Door, Empire Justice Center, ICARE and several other legal groups sent a letter to Gov. Kathy Hochul calling for her help.

Problems in court

Throughout the recent immigration hearing, Judge Ubaid ul-Haq explained to the children their rights and responsibilities through a Spanish interpreter, such as the right to find a lawyer and the need to notify the court of any change of address.

The judge simplified his language to make it child-friendly. He explained in detail what “law” was and what “asylum” was. Immigration judges, under Justice Department guidelines, are required to spend extra time explaining proceedings in a “child-friendly” manner.

Hack asked each of the older children if they wanted more time to find lawyers. They all said yes. The judge automatically gave the younger children more time.

At the end of the hearing, he thanked each of the youngest children for being there.

"You and your sister were very good girls today," the judge told the 8-year-old and 4-year-old sisters.

He asked a 7-year-old boy who was spinning a windmill, "What's that on your shirt?" and the child replied, "Pizza."

"You know what's funny?" the judge asked the boy and immediately replied: "I have pizzas drawn on my socks too."
To confirm what he said, he raised his leg in the air in front of his video camera.

But some children did not understand what was happening at all. They laughed, did their childish things and did not listen to the translator.