Groups Sue U.S. Over Lack of Legal Aid for Minors Facing Deportation

Wall Street Journal: 

By Jeffrey Sparshott

July 9, 2014

Groups Sue U.S. Over Lack of Legal Aid for Minors Facing Deportation 

WASHINGTON—Civil-rights groups on Wednesday filed a class-action lawsuit that faults the U.S. government for not providing legal representation to children facing deportation hearings, the latest wrinkle for the Obama administration as it scrambles resources to meet a surge of unaccompanied minors arriving at the nation’s southwest border.

The suit seeks to require agencies to provide children with legal representation at deportation hearings. These children aren’t guaranteed lawyers at their hearings, though some obtain them through nonprofit groups or other means.

The lawsuit was filed in U.S. District Court in Seattle by the American Civil Liberties Union, the American Immigration Council and other groups on behalf of children facing deportation hearings.

“The government pays for a trained prosecutor to advocate for the deportation of every child. It is patently unfair to force children to defend themselves alone,” said Ahilan Arulanantham, senior staff attorney with the ACLU’s Immigrants’ Rights Project.

The suit, J.E.F.M. v. Holder, names as its lead plaintiff a 10-year-old from El Salvador whose father was killed by gang members. He and his family have subsequently been threatened, creating a plausible asylum claim, Mr. Arulanantham said.

“The question is: should a 10-year-old have to marshal evidence and mount a case?” he said.

The suit isn’t directly tied to the surge of unaccompanied minors arriving at the southwest border but, if successful, could have a significant impact on government efforts to deal with that crisis.

Also Wednesday, the Justice Department said it would take several steps to deal with the surge in border crossings by minors and families, including prioritizing cases involving migrants who have recently crossed the southwest border and have been placed into deportation proceedings.

The Justice Department said its Executive Office for Immigration Review would hire more immigration judges, including temporary ones, and expand access to legal resources and assistance for people in removal proceedings.

For more information, go to:  www.beverlyhillsimmigrationlaw.com