As an advocate for migrant children and victims of human trafficking, I’ve heard some devastating stories, but as a father Mary’s story haunts me.
Growing up in Guatemala, Mary was regularly beaten and abused by family members, when one day a woman approached her offering to help her migrate to the United States.
Eager to escape the abuse, Mary accepted the offer, only to be kidnapped into a sex trafficking ring. For months, Mary suffered severe physical and sexual abuse until she was abandoned near the U.S. border.
Immigration and Customs Enforcement officials then apprehended Mary. Fortunately, my organization, Kids in Need of Defense, helped match Mary with a pro bono attorney who was successful in ensuring Mary’s protection in the U.S. by obtaining her green card.
Mary now lives happily with a foster family in the United States.
About half of the more than 100,000 unaccompanied children who reached the U.S. in the past two years do not have representation in court.
The U.S. immigration system is exceedingly complex, even for adults, and children without attorneys are far less likely to succeed in their case without counsel.
This means we risk sending children with viable claims for protection back to their home countries, where they may face serious harm or even death.
The importance of counsel is clear: Only one in 10 children without attorneys are successful in gaining U.S. protection. With an attorney, a child is five times more likely to win his or her case.
In 2014, the United Nations Refugee Agency found that the majority of children fleeing qualified as refugees and were potentially eligible for international protection, but it is nearly impossible for these children to access that protection without a lawyer.
Children in immigration court should be provided attorneys. Many children are fleeing horrific gang violence in Central America and appear in immigration court completely alone without representation.
My organization, KIND, frequently witnesses children as young as toddlers forced to appear alone before an immigration judge. These are children who do not speak English, have fled life-threatening conditions in their home country, often have reason to fear the government and have no idea how to navigate a complex immigration system.
Upon escaping this violence, they are often forced to endure a long, extremely traumatic and arduous journey hoping to find safety in the U.S.
And while the child is completely alone appearing before an immigration judge, an experienced attorney trained in immigration law represents the government.
I live with my family in Concord and have a 5-year-old son who is fluent in English. I would be terrified if I knew that his safety depended on his ability to be his own lawyer in another country.
I can’t even imagine what it’s like for a deeply traumatized 5-year-old who does not speak English to face a trained government attorney in an extremely complicated and adversarial legal process.
Fortunately, there is a solution.
In February, members of Congress in the House and Senate introduced the Fair Day in Court for Kids Act. This legislation would ensure counsel for unaccompanied children to help them present their case for protection in immigration court.
Members of New Hampshire’s congressional delegation could acknowledge a crisis in our immigration courts and demonstrate concrete support for attorneys for children often fleeing horrific violence by co-sponsoring this important legislation.
(Cory Smith of Concord is vice president of policy, advocacy and communications for Kids in Need of Defense.)