US Commission on Civil Rights to Congress: Give Immigrant Kids Legal Due Process

By Michael Oleaga Mar 02 2016, 15:13 PM EST

An independent federal civil rights agency has called on Congress to support legislation providing undocumented immigrant children the legal right to due process.

Letter to Congress: Support the "Fair Day" Act

The U.S. Commission on Civil Rights (USCCR), an independent and bipartisan federal agency tasked with advising Congress and the president on civil rights issues, released a letter addressed to both legislative bodies of Congress to support the "Fair Day in Court for Kids Act."

Senate Majority Leader Harry Reid, D-Nev., first introduced the bill in early February. It would mandate the federal government to appoint counsel to unaccompanied immigrant children and other vulnerable individuals, such as victims of abuse, torture and violence. During a Senate floor address on Feb. 11, Reid said the bill addressed the "life-and-death consequences of deportation" affecting Central America and Mexico. He added the U.S. must ensure asylum-seeking children and women are not put in harm's way, meaning they should have the right to a lawyer.

"The humanitarian crisis at our doorstep demands that we, as Americans, affirm our fundamental values of protection and due process," said Reid. The USCCR letter also acknowledged that violence has become "commonplace" in El Salvador, Guatemala and Honduras as a result of gangs, beatings, rape and murder going unpunished.

Last September, the civil rights agency published a report titled "With Liberty and Justice for All: The State of Civil Rights at Immigration Detention Facilities," which included recommendations for provisions now included in Reid's bill.

The USCCR recommendations included:
- Access to qualified counsel for immigrant detainees of all ages, including children

- Government-provided counsel for indigent detainees

- National implementation of Legal Orientation Programs in detention facilities

"We are pleased that this bill proposed by Sen. Harry Reid addresses our recommendation on provision of counsel for Central American refugee children seeking asylum," said USCCR Chairman Martin R. Castro. "Without counsel, we will see more children deported and killed in their home countries upon arrival, as has been recently reported in the media."

The USCCR commissioners agreed that the children need legal counsel, and a guardian or social worker would not be able to provide the same assistance to fully present asylum cases.

"Fair Day in Court for Kids Act" Support in Congress

Reid's Senate bill has so far received partisan co-sponsorship support from Sens. Bob Menendez of New Jersey, Kirsten Gillibrand of New York and Bernie Sanders of Vermont.

"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 announcing his support of S. 2540 on Feb. 13. "We must stand up for the rights of the powerless and extend proper legal protection to children and other vulnerable immigrants. We will not tolerate calls to send back unaccompanied children and victims of crime and domestic violence to the countries they have fled."

Meanwhile, in the House of Representatives, 54 Democrats introduced a complementary bill, also titled "Fair Day in Court for Kids Act." H.R. 4646 would will also require the U.S. Department of Homeland Security 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 representation.