Children as young as one in US courts
Immigration judges embarrassed
THE ONE-YEAR-OLD boy in a green button-up shirt drank milk from a bottle, played with a small purple ball that lit up when it hit the ground and occasionally asked for agua (water).
Then it was the child’s turn for his court appearance before a Phoenix immigration judge, who could hardly contain his unease with the situation during the hearing where he asked immigrant defendants whether they understood the proceedings.
“I’m embarrassed to ask it, because I don’t know who you would explain it to, unless you think that a one-year-old could learn immigration law,” Judge John W Richardson told the lawyer representing the boy.
The boy is one of hundreds of children who need to be reunited with their parents after being separated at the border, many of them split from mothers and fathers as a result of US President Donald Trump administration’s “zero-tolerance policy”.
The separations have become an embarrassment to the administration as stories of crying children separated from mothers dominated the news in recent weeks.
Critics have also seized on the US’s immigration court system that requires children – some still in nappies – to have appearances before judges and go through deportation proceedings while separated from their parents.
Such children don’t have a right to a court-appointed attorney, and 90% of kids without a lawyer are returned to their home countries, according to Kids in Need of Defence, a group that provides legal representation.
In Phoenix on Friday, the Honduran boy, named Johan, waited over an hour to see the judge. His attorney told Richardson that the boy’s father had brought him to the US but they had been separated, although it’s unclear when. He said the father, who was now in Honduras, was removed from the US under false pretences that he would be able to leave with his son.
For a while, the child wore shoes, but later he was in just socks as he waited to see the judge. He was silent and calm for most of the hearing, though he cried hysterically afterwards for the few seconds that a worker handed him to another person while she gathered his nappy bag. He is in the custody of the US Health and Human Services Department in Arizona.
Richardson said the boy’s case raised red flags over a looming court-ordered deadline to reunite small children with their families. A federal judge in San Diego gave the agency until tomorrow to reunite kids under five with their parents and until July 26 for all others.
Richardson repeatedly told the Immigration and Customs Enforcement (ICE) attorney who was acting as the prosecutor that he should make note of the cases involving young children because of the government’s obligation to meet the reunification deadline. The attorney said he wasn’t familiar with that deadline and that a different department within ICE handled such matters.
ICE spokesperson Jennifer Elzea said the attorney was familiar with the injunction but didn’t know the specifics of the timeline requirements off the top of his head “and did not want to misspeak about any timeline commitments without that knowledge”.
The agency’s Enforcement and Removal Operations is leading the review of cases who are a part of the class impacted by the judge’s order, while the rest of the agency is supporting them in the effort to complete it in as efficient and accurate a manner as possible.
In the end, Johan was granted a voluntary departure order that would allow the government to fly him to Honduras so that he could be reunited with his family. An attorney with the Florence Project, an Arizona-based non-profit that provides free legal help to immigrants, said both his mother and father were in Honduras.
The boy’s case was heard on the same day that the Trump administration said it needed more time to reunite 101 children under five to ensure the children’s safety and to confirm their parental relationships.
The two sides had a hearing on the matter on Friday in San Diego and were due to determine over the weekend which cases merit a delay.
Justice Department attorney Sarah Fabian stressed to the judge that the government is deploying significant resources to ensure that children are being reunited with parents in timely fashion.