Amid the ongoing border crisis that is overwhelming immigration services and courts, one group that is facing considerable legal challenges is unaccompanied children. Tens of thousands of these children, many of whom have fled violence or poverty in their home countries, present a unique challenge.
U.S. authorities are tasked with ensuring the well-being of the children while processing their claims for asylum, all while many of the kids lack legal representation in a court system designed for adults.
Now, a bipartisan group of lawmakers is advocating for a new bill to establish a children’s immigration court system. Colorado Democratic Sen. Michael Bennet and Alaska Republican Sen. Lisa Murkowski introduced the Immigration Court Efficiency and Children’s Court Act of 2023 on Wednesday, Nov. 1.
The proposed kids-only court would be more accessible and user-friendly for minors, expediting their cases.
“Our immigration system is deeply flawed, and innocent children seeking asylum often pay the price,” Sen. Bennet posted on social media.
According to the latest data from the Department of Justice, more than 62,000 cases are pending for immigration review involving unaccompanied minors. Less than half of those children have legal representation.
Sen. Alex Padilla, chairman of the Subcommittee on Immigration, Citizenship, and Border Safety, emphasized that unlike criminal proceedings, respondents in immigration courts lack the right to government-appointed counsel if they cannot afford representation.
According to Padilla, less than half of all individuals with cases before immigration courts have attorneys, and navigating the complex and shifting laws is a challenge, even for immigration lawyers.
The backlog in U.S. immigration courts now exceeds 2 million cases, more than tripling since the start of fiscal year 2017. Sen. Bennet has stated that the bill aims to make the process not only more humane for children but also more efficient.