At the beginning of November, U.S. Senators Michael Bennet and Lisa Murkowski and Representatives Dan Goldman and Maria Salazar presented a bill to protect migrant children in immigration court. The bill’s measures would provide further support for children who have become separated from their families.
Specifically, it would establish a children’s court with trained personnel and child-centric protocols. The bill would also require the court to coordinate with legal services on behalf of a child.
“Unaccompanied minors suffer the most from America’s broken immigration system,” said Senator Michael Bennet in a statement. “These kids who are fleeing violence and persecution deserve dignity and respect, and they should be able to understand and fully participate in their immigration court proceedings.”
The deputy managing attorney of the Children’s Program at Rocky Mountain Immigrant Advocacy Network, Emily Brock, explained that oftentimes migrant children are put on dockets that are not specialized. A child’s case is being heard in the same session as an adult’s.
“[Children] have relief options that are available to them, and that are specific to them. Having a docket or a specific immigration court for children means that we can have trained judges who understand the specific issues facing children who are escaping violence in their home country,” Brock explained. “[Children] can be trained on the specific relief options available to them and understand that many of the relief options are available outside of immigration court.”
Brock also explained that before having to enter court proceedings, children have the right to pursue their asylum cases before the U.S. Citizenship and Immigration Services. This affords children the right to have a conversation with an immigration officer instead of going to trial, which can be intimidating, particularly for a child. There are also rights for children who decide to go to their home country rather than staying. Those rights are supposed to ensure that children are returned to a safe situation.
In addition, there are specific regulations within the law as to how children should be treated at the border. Children cannot spend more than 72 hours in the custody of Customs and Border Protection. Children are not supposed to be held in detention facilities, but must be transferred to the Office of Refugee Resettlement under the Department of Health and Human Services.
Under the proposed law, judges would receive training in child trafficking and developmental and trauma-informed practices. The intention is to help judges understand proceedings through the lens of a child. Child participation protocols would require the court to utilize child-appropriate procedures to ensure that children comprehend the proceedings.
“To have a child-specific docket is the first step towards universal representation of children,” Brock stated. “It acknowledges the specific vulnerabilities that children have with respect to their immigration cases.”
Brock referenced a particular photo. It’s a picture of a two-year-old sitting in a courtroom with a Department of Homeland Security attorney and a judge. Brock said that the bill acknowledges and seeks to remedy the problems associated with that image.
“It’s a first step to ensuring that these children are given the protection that they need, the support that they need,” she said.
“We need a commonsense solution that’s consistent with our best traditions as a nation of immigrants, upholds the rule of law and meets the needs of kids arriving at the border,” stated Bennet. “My bipartisan, bicameral bill demonstrates that we can find common ground and repair our broken immigration system. It’s good for the kids, good for our immigration system and a symbol of what we can accomplish when we’re willing to work together.”
As of now, there have been no updates on this bill and its process. For more information, visit www.bit.ly/BennetChildImmigration