House Democrats introduced legislation that would provide legal representation to unaccompanied minors and mentally disabled individuals during immigration proceedings.

The Vulnerable Immigrant Voice Act of 2014, or VIVA, (H.R. 4936) was developed after an influx of undocumented and unaccompanied minors crossed the southern U.S. border. According to the Department of Homeland Security (DHS), approximately 90,000 children will immigrate to the U.S. without an adult by the end of 2014, notably from El Salvador, Guatemala and Honduras due to "extremely violent environments."

Rep. Hakeem Jeffries, D-NY, a sponsor of the bill, referred to the situation of unaccompanied minors entering the U.S. as a "growing humanitarian crisis" that will get worse every day.

"Some of the children who have come to this country may not have a valid legal basis to remain, but some will. Yet, it is virtually impossible for a child to assert a valid claim under immigration law in the absence of legal representation. That is why we have introduced legislation to provide unaccompanied minors involved in immigration proceedings with access to counsel," said Jeffries.

Currently, undocumented children have three methods if they want to stay in the U.S. The first is claiming asylum, which is considered a "difficult standard to meet." The second is the Special Immigrant Juvenile Status (SIJS), for immigrant children under the age of 21. SIJS offers green cards that allow children to live and work permanently in the U.S. The final avenue for undocumented children is a U Visa, which is usually offered to victims of serious crimes or those who have suffered mental or physical trauma. The U Visa provides temporary legal status and work eligibility, but only for up to four years.

The VIVA bill, however, was introduced to help undocumented children understand their options with the help of lawyers before arriving in immigration court. The proposed legislation would help reduce the number of immigration court proceedings due to pre-trial conferences, reduce continuances and cut the appeals process. In addition, the bill could reduce an undocumented child's time in a "costly" detention center.

"The humanitarian crisis along the border is worsening by the day — particularly in light of reports that criminal cartels are using unaccompanied children from Central America to increase their earnings," National Immigration Forum's Executive Director Ali Noorani told Latin Post. "Currently, thousands of these children are stuck in a legal limbo as they seek a brighter future in the United States and most will not have legal representation."

According to Noorani, immigration reform is the "clear answer" to the border issue. "We must ensure that the most vulnerable among us — unaccompanied minors — are treated fairly during their immigration proceedings," he said.

Rep. Karen Bass, D-CA, also believes Congress must immediately pass comprehensive immigration reform, "but in the meantime we should guarantee that each of these children as well as the people in these centers with serious mental disabilities have access to legal counsel so they do not become statistics in our foster care system. This legislation ensures that the American ideals of legal representation will be guaranteed to those people who are most in need."

Rep. Lucille Roybal-Allard, D-CA, acknowledged the bill would provide immigrant children and mentally disabled individuals the same counsel current laws provide to criminals.

Rep. Judy Chu, D-CA, and Rep. Suzan DelBene, D-WA, are also sponsors of the VIVA bill.

"Now more than ever, unaccompanied children need representation to ensure they have fair access to U.S. protection," said Kids In Need of Defense President Wendy Young. "The majority are fleeing gangs who are targeting them for forced recruitment, and refusal to join can be very dangerous for the child and the child's family. Children with an attorney in court are much more likely to gain protection. Without counsel, these children cannot present their claim for safety in the U.S, and we risk returning them to great harm."

The National Immigrant Justice Center's Executive Director Mary Meg McCarthy stated the legal counsel to immigrants is efficient and cost-effective.

"Studies show that when people in immigration court know their rights and understand the process, they spend fewer days in immigration court seeking continuances to find counsel and do not require as much time in court to have complex immigration laws and procedures explained to them. Immigration courts across the country suffer extensive backlogs, which delay justice and cost the government $2 billion per year as it detains individuals awaiting court hearings," said McCarthy, noting the next available immigration court proceeding in Chicago is in 2016.

According to McCarthy, the U.S. Senate's immigration reform bill (S. 744) and the House's equivalent (H.R. 15) provides legal representation to undocumented people for immigration court, but both bills have stalled in Congress.

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