Senior Justice Department Official Claims 3 and 4 Year Olds Can Represent Themselves in Court
In the growing debate over whether immigrant children facing deportation should be entitled to a public defender, one judge has taken a position that has drawn derisive press coverage from across the country.
Jack Weil, a longtime immigration judge, asserted under oath that he believes that three-and-four-year-olds can learn immigration law well enough to represent themselves in court. He claims that he has successfully trained three-and-four-year-olds in immigration law, and that while the process is not the most efficient, the children he has trained have understood enough to have a fair hearing.
Many legal and child-psychology experts have vociferously ridiculed Weil’s assertions, claiming that key milestones for children at this age include cooperating with other children, saying simple sentences, and building towers of blocks. Moreover, they assert that three-and-four-year-old children simply lack the logical reasoning abilities to be successfully trained in immigration law and successfully represent themselves in court.
Weil claims that his statements on this issue have been taken out of context but he would not say more without permission from the Justice Department.
However, the Justice Department has stated that at no time have they ever made the claim that three-and-four-year-olds can represent themselves in court. They have made it abundantly clear that Weil’s statements came from him alone and that those statements do not represent the views of the Department of Justice. It was noted, however, that Weil’s remarks were made in the context of a long deposition in which he spoke about various techniques and procedures that could be employed by immigration judges to provide fair hearings.
Legal experts have expressed great concern over Weil’s comments because of his influential position. Weil is a highly ranked judge tasked with the role of teaching other immigration judges. Many individuals are uncomfortable with the fact that he has the power to influence other judges in their treatment of children. Experts are also concerned that Weil has served as an expert witness for the U.S. government. Some have argued that this is an endorsement of his views.
Presently, children charged with violating immigration laws do not have a right to appoint counsel. While there are a number of pro bono organizations and a program within the Department of Justice dedicated to helping children find attorneys, the vast majority of children are forced to represent themselves. Those who have observed children in immigration court proceedings have noted that they are generally quite passive and that they tend to respond to questions with one-word answers.
Still others have noted that in every other area of the law, young children are presumed to lack the cognitive capacity to make consequential decisions. They wonder, why should immigration proceedings be any different?
Green Cards Sent to Wrong Addresses
Since 2012, when USCIS installed its Electronic Immigration System (ELIS), the number of green cards sent to incorrect addresses as increased.
This has created a number of national security concerns with the realization that green cards could be falling into the wrong hands. One concern is that green cards could be easily sold through illicit channels, making it possible for undocumented immigrants to obtain one without proper papers. But the more serious concern is that green cards could fall into the hands of terrorists, and if a terrorist acquires a green card illegally, they can more easily avoid screening and detection.
Moreover, the Department of Homeland Security has stated that there is no way to accurately track the number of green cards sent to incorrect addresses. There could potentially be hundreds.
According to a report released by DHS, the errors occurred because of a system limitation that prevented employees from changing addresses. Even when green-card holders formally requested a change of address, employees could not update the system. Furthermore, the system frequently fails to correctly display address information, often cutting off apartment numbers and other important elements. USCIS issued notices requesting that the cards be sent back, but to no avail.
While ELIS (the government’s online application system) may have improved USCIS’s processing system to some extent, some individuals find it unacceptable that it continues to exhibit shortcomings that pose a threat to our national security, particularly since the program is billions of dollars over budget. Those individuals feel that our national security depends on our screening systems functioning properly and efficiently.
State Department Plans to Phase Out EADs for Dependents of Diplomats Holding A-2 Visas
The U.S. Department of State is phasing-out its endorsement of employment authorization requests for dependents of foreign diplomats holding A-2 visas (PA2 employees).
For new applications, the Department will only consider applications from dependents of PA2 employees who began their employment between July 1 and December 31, 2015.
For renewal applications, the Department will only consider applications from dependents whose current employment authorization card expires on or before June 30, 2016.
For more information, please click here.
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