Top Immigration Judge Recommends End of Fast-Tracking for Border Children
Judge Dana Leigh Marks, president of the National Association of Immigration Judges, has called for a re-evaluation of the fast-tracking system in place for the recent flood of unaccompanied minor deportation hearings. Fast-tracking these cases has put thousands of pending immigration cases on hold. While typical asylum cases can process for up to a year before going to court, the Department of Justice currently requires judges to hear the unaccompanied minor cases within 21 days after the minor is apprehended. With a shortage of pro bono lawyers to take on these cases and no governmental obligation to provide legal counsel, many minors go to court without legal representation. Based on a lack of understanding of the U.S. legal system, the unaccompanied minors – 90 percent of whom are ordered deported when not represented by an attorney – may then file for an appeal that further burdens overflowing immigration courts.
Some lawyers have volunteered to perform initial assessments at the San Francisco courthouse to explain the minor’s rights in the proceedings and to gauge whether or not they have a valid asylum claim. The minors may request a continuance while their cases are sent to organizations that try to place them with an attorney for their next court appearance. Attorneys with non-profit organizations are willing to help, but they are struggling to keep up with the expedited pace set for the overwhelming number of new cases.
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NY Attorneys to Represent Border Children
Glenn Lau-Kee, president of the New York State Bar Association, has asked for funding to assign attorneys to the thousands of Central and South American children who have flooded into the United States since October. President Obama requested $3.7 billion in emergency funding to deal with the situation and Lau-Kee argues that, if approved by Congress, a portion of that funding should go towards providing legal counsel for the children. The unaccompanied minors often do not speak English and certainly do not fully understand the legal proceedings that will determine their future. Providing legal counsel would offer the children a more meaningful hearing and a better chance to explain their circumstances. Legal representation for the children could also move these cases much more quickly through the already clogged immigration court system.
http://www.nysba.org/CustomTemplates/SecondaryStandard.aspx?id=50968