Immigration News: New House Bill Would Grant Fair Due Process to Immigrant Children

By Michael Oleaga First Posted: Feb 26, 2016 01:44 PM EST

House Democrats have introduced legislation for immigrant children and vulnerable groups to receive fair due process in immigration court.

The "Fair Day" House Bill

On Friday, 54 House Democrats introduced the "Fair Day in Court for Kids Act," a bill aimed at protecting children and other vulnerable individuals during immigration court proceedings by guaranteeing legal counsel access, case management services and legal orientation programs.

During a press conference, Rep. Zoe Lofgren, D-Calif., explained the U.S. Department of Homeland Security defended last month's deportation raids by claiming that the apprehended immigrant women and children "exhausted" their legal claims for relief.

"But when lawyers get a chance to speak to these families and children, they've learned that many of them have strong asylum claims and would be in danger if they were deported to their home country," said Lofgren, adding the problem is that many immigrants do not have legal counsel before meeting a judge, and current U.S. laws do not provide appointed counsel for immigrants during removal proceeds -- not even for children.

The House bill will also require DHS to submit reports to Congress on the number of immigrants, identified in the "Fair Day in Court for Kids Act," who were given counsel representation and received legal orientation representations.

"Every person deserves a fair hearing, and the young unaccompanied children fleeing for their lives in Central America should receive due process to tell their stories," said Rep. Xavier Becerra, D-Calif. "With today's bill, young children and vulnerable people who come to this country alone will know their rights and receive the help of a lawyer to navigate our court system."

Becerra, who also serves as the chairman of the House Democratic Caucus, acknowledged Los Angeles is one of the busiest immigration court jurisdictions, where 79 percent of women and children -- who were given deportation orders between July 2014 and December 2015 -- did not have legal representation.

"It's clear that our current immigration system is broken and many children and vulnerable people who seek to come to our country are put at great peril," Becerra said, calling on House Speaker Paul Ryan, R-Wisc., to move forward with the act.

Complementing the Senate

As Lofgren mentioned during Friday's press conference, the House bill complements a similar Senate bill introduced by Senate Minority Leader Harry Reid, D-Nevada. Also titled "The Fair Day in Court for Kids Act" (S. 2540), Reid's bill would mandate the federal government appoint counsel to unaccompanied immigrant children and other vulnerable individuals, such as victims of abuse, torture and violence.

"Given the life-and-death consequences of deportation to this region, we must ensure that we are not putting asylum-seeking women and children in harm's way. We can do this by making sure that these desperate women and children have a lawyer. The humanitarian crisis at our doorstep demands that we, as Americans, affirm our fundamental values of protection and due process," said Reid, based on his prepared remarks, on Feb. 11.

Sen. Bernie Sanders, I-Vt., one of two Democratic presidential candidates, has signed on as a co-sponsor of S. 2540. As Latin Post reported, Sanders said the U.S. must stand up for the rights of the powerless and extend legal protection.

"Our immigration policies must be consistent with our historical commitment to provide protection and due process to those fleeing violence and persecution," said Sanders in a statement on Feb. 13, later adding, "We will not tolerate calls to send back unaccompanied children and victims of crime and domestic violence to the countries they have fled."

Since its introduction on Feb. 11, S. 2540 has been referred to the Senate Judiciary Committee.