A Justice Department push for immigration courts to prioritize cases involving unaccompanied minors has raised concern among lawyers and judges that the move could undermine children's rights and lead to an even greater backlog of cases.
On Monday, attorneys here representing minors seized at the southwest border said that clients weren't being properly notified that their court dates had been moved up, and they expressed concern that many minors wouldn't have enough time to secure an attorney to represent them if cases are fast-tracked.
"Due process means a fair process that enables a person to come before a judge or adjudicator and explain what has happened, such that a judge can make a decision to whether the individual qualifies for the laws' protections," said Gregory Chen, a director of the American Immigration Lawyers Association. "If we do it in condensed way, it's rushed justice that results in no justice at all."
In the nation's immigration courts, individuals seized at the border aren't guaranteed access to a lawyer. But judges often delay cases involving children to give them time to find lawyers, who are sometimes provided by legal-aid groups.
Those who enter the U.S. illegally have a significantly better chance of winning the right to stay if they have a lawyer, according to a recent analysis by the Transactional Records Access Clearinghouse, a project at Syracuse University.
Nearly half of all minors represented by lawyers in immigration court in the past decade eventually won permission to remain in the U.S. Nine out of 10 without legal representation were returned to their countries, the analysis showed.Read the rest of the story HERE.
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