Debate Grows Over Lawyers for Children in U.S. Immigration Courts
Every year, thousands of children must stand before immigration judges in the United States. Many of these kids do not have lawyers to help them. This debate—whether children should have government-appointed lawyers in immigration court—is growing stronger, especially in border cities like San Diego.
Children Facing Judges Alone
Imagine being a child, some as young as three or four, trying to explain your case to a judge in a language you might not even understand. This is the reality for many children in immigration court. Right now, immigration courts do not provide free government lawyers for anyone, not even children. While some nonprofits and private lawyers help for free, there are many more children who go to court with no one by their side.
Andrea Guerrero, the executive director of Alliance San Diego, explained how difficult this is for kids. “It’s unconscionable to expect a child to navigate the immigration system alone,” she said. “These are life-altering decisions, and the stakes couldn’t be higher.”
Why Legal Representation Matters
Having a lawyer in court can make a huge difference. According to data from the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, more than half of the children in immigration court do not have lawyers. The numbers show that:
- Children with lawyers are much more likely to win their cases and stay in the U.S.
- Children without lawyers often do not understand their rights, the charges against them, or what they can do to defend themselves.
A National Issue Gets Attention
This problem is not new, but it got nationwide attention in 2016. That year, a federal judge asked a government lawyer if they really believed a three-year-old could represent themselves in court. The government lawyer said yes, which shocked many people and led to loud calls for change.
Since then, the issue has stayed in the spotlight. In San Diego and other border cities, the number of children needing legal help keeps growing. Organizations such as Casa Cornelia Law Center and Jewish Family Service of San Diego are trying to help as many kids as possible. However, they just can’t keep up with the demand.
“We have to turn away children every week,” said Carmen Chavez, executive director of Casa Cornelia. “It’s heartbreaking.”
Arguments For and Against Government Lawyers
The fight over giving children government-funded lawyers has two sides:
- Supporters believe every child deserves a fair chance to defend themselves, especially in such serious cases. They say it’s unfair and against American values to expect children to face judges alone, especially when the decisions will change their lives.
- Opponents worry that paying for lawyers would be too expensive. Some also argue that it might encourage more families to send children to the U.S. border, hoping they will get free legal help.
Groups Working for Change
Even though the government has not made a new rule yet, local groups keep pushing for better support. “We need a system that recognizes the vulnerability of children and ensures they have a fair shot,” said Guerrero. “That means providing them with lawyers.”
These groups believe that every child, no matter where they are from or how old they are, should have someone to protect their rights in court. They argue that this is the only way to make sure children are treated fairly and with respect.
The Challenge Continues
Right now, the number of children needing legal help is much greater than the number of lawyers available. Many kids in San Diego and across America are still going to court alone, not understanding what will happen to them.
- More than half of children in immigration court do not have a lawyer.
- Organizations are forced to turn away children every week because they do not have enough lawyers.
- The government has not promised to provide lawyers for every child, even as the problem grows.