New Senate Bill Could Expand Access to Legal Representation for Kids in Immigration Court
Immigrants appearing before judges in immigration courts are not guaranteed a public defender. While a few are lucky enough to receive pro bono legal services, only about one third are represented by counsel. Without legal representation, deportation is likely and for the most vulnerable immigrant populations, deportation could be a death sentence.
But on February 11, 2016, the Senate introduced a new bill that could guarantee legal representation for the most vulnerable immigrants. These include unaccompanied minors, immigrants with disabilities, survivors of torture, abuse, and violence, and anyone else whose situation requires legal counsel in order to ensure fair and efficient legal proceedings.
The bill, known as the Fair Day in Court for Kids Act of 2016, was introduced in response to the recent immigration raids prioritizing the arrest and deportation of Central Americans who have arrived in the U.S. since May 2014. Most of these arrivals are women and children fleeing horrific violence.
Many immigrant rights groups are excited about the new measure, believing that it could dramatically improve the outcomes for many children who may qualify as refugees. Activists have vocalized outrage over the raids, claiming that the massive number of immigrants arriving from Central America represents a refugee crisis, not a border security issue. As such, rights groups assert that it is essential that we give them a fair opportunity to obtain asylum.
It is unclear whether or not this bill could be passed in a conservative-controlled congress. But the authors of the bill hope that it can be attached to must-pass legislation.
To view an official copy of the Fair Day in Court for Kids Act of 2016, click here.
http://thinkprogress.org/immigration/2016/02/12/3748640/unaccompanied-children-senate-bill/
Death of Justice Scalia May Impact SCOTUS Decision on DAPA
About a month ago, the Supreme Court agreed to rule on DAPA, Obama’s executive actions that would protect 5 million undocumented immigrants from deportation for three years. But the sudden death of Supreme Court Justice Antonin Scalia has left a vacancy on the bench that raises the likelihood that the court could reach a tie vote of four to four. Presently, there are four justices who identify as more conservative and four who identify as more liberal.
If the court does reach a tie, their options are either to uphold the ruling of the lower court, which ruled that Obama’s actions are an abuse of executive power, or they can hold the case over until the Senate confirms a ninth justice.
With Obama in his last year of presidency, many immigrants cannot afford to have the process prolonged. As it is, if a decision is reached in June as previously predicted, Obama’s plans will only be able to help a few thousand immigrants before his term of office ends. With a new president in office, there is a risk that the window of opportunity that Obama opened for millions of undocumented immigrants will close indefinitely.
Despite the fact that Obama still has a year left of his presidency, many conservatives have questioned his right to nominate another Supreme Court Justice, with Senate Majority Leader Mitch McConnell saying he does not want the Senate to confirm a nominee until the next president is sworn into office.
In general, most Democrats want the position to be filled while Obama is still in office, in order to increase the likelihood of a liberal nominee, while most Republicans want to wait until after Obama leaves office, to increase the likelihood of a conservative nominee.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.