Mon, Jul 09, 2018 - Page 5 News List

Children as young as one in US immigration courts

ICE DETENTIONS:The US’ immigration court system requires children to go before a judge for deportation proceedings, but does not give them the right to an attorney

AP, PHOENIX, Arizona

The one-year-old boy in a green button-up shirt drank milk from a bottle, played with a small purple ball that lit up when it hit the ground and occasionally asked for “agua.”

Then it was the child’s turn for his court appearance before a Phoenix immigration judge, who could hardly contain his unease with the situation during the portion of the hearing where he asks immigrant defendants whether they understand the proceedings.

“I’m embarrassed to ask it, because I don’t know who you would explain it to, unless you think that a one-year-old could learn immigration law,” Judge John Richardson told the lawyer representing the one-year-old boy.

The boy is one of hundreds of children who need to be reunited with their parents after being separated at the border, many of them split from mothers and fathers as a result of US Donald Trump’s administration’s “zero-tolerance policy.” The separations have become an embarrassment to the administration as stories of crying children separated from mothers and kept apart for weeks on end dominated the news in recent weeks.

Critics have also seized on the nation’s immigration court system that requires children — some still in diapers — to have appearances before judges and go through deportation proceedings while separated from their parents.

Such children do not have a right to a court-appointed attorney, and 90 percent of kids without a lawyer are returned to their home countries, according to Kids in Need of Defense, a group that provides legal representation.

In Phoenix on Friday, the Honduran boy named Johan waited over an hour to see the judge. His attorney told Richardson that the boy’s father had brought him to the US, but that they had been separated, although it was unclear when.

He said the father, who was now in Honduras, was removed from the country under false pretenses that he would be able to leave with his son.

For a while, the child wore dress shoes, but later he was in just socks as he waited to see the judge. He was silent and calm for most of the hearing, though he cried hysterically afterward for the few seconds that a worker handed him to another person while she gathered his diaper bag.

He is in the custody of the US Health and Human Services Department in Arizona.

Richardson said the boy’s case raised red flags over a looming court-ordered deadline to reunite small children with their families.

A federal judge in San Diego, California, gave the agency until tomorrow to reunite kids under five with their parents and until July 26 for all others.

Richardson repeatedly told the Immigration and Customs Enforcement (ICE) attorney who was acting as the prosecutor that he should make note of the cases involving young children because of the government’s obligation to meet the reunification deadline.

The attorney said he was not familiar with that deadline and that a different department within ICE handled such matters.

ICE spokeswoman Jennifer Elzea said the attorney was familiar with the injunction, but did not know the specifics of the timeline requirements off the top of his head “and did not want to misspeak about any timeline commitments without that knowledge.”

The agency’s Enforcement and Removal Operations is leading the review of cases who are a part of the class impacted by the judge’s order, while the rest of the agency is supporting them in the effort to complete it in as efficient and accurate a manner possible.

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