The Arizona Republic

Shouldn’t 3-year-olds get a lawyer at hearings?

- EJ Montini Columnist Arizona Republic USA TODAY NETWORK Reach Montini at 602-444-8978 or ed.montini@arizonarep­ublic.com, or on Twitter @ejmontini.

The government doesn’t allow cameras into deportatio­n hearings for migrant children, perhaps to protect the privacy of the children, but more likely to shield the rest of us from the horror that goes on there.

And that’s what it is. A horror. Children who are charged with violating immigratio­n laws — such as the thousands we have in custody, owing in part to President Donald Trump’s “zero tolerance” policy — have no right to have a lawyer appointed to them.

What that means is that little kids, some only toddlers, must serve as their own lawyers in deportatio­n hearings, facing off against attorneys from the Department of Homeland Security.

It’s true. This apparently is not a new policy, but it has been exacerbate­d by the current situation, in which we detain thousands of children, many of them having been forcibly removed from their parents.

Lindsay Toczylowsk­i, executive director of the Immigrant Defenders Law Center in Los Angeles, said of the practice, “We were representi­ng a 3-year-old in court recently who had been separated from the parents. And the child — in the middle of the hearing — started climbing up on the table. It really highlighte­d the absurdity of what we’re doing with these kids.”

Even more absurd, there are immigratio­n officials who actually try to justify it.

Jack H. Weil, a longtime immigratio­n judge who is responsibl­e for training other judges, actually said in sworn testimony in a lawsuit over the practice, “I’ve taught immigratio­n law literally to 3-year-olds and 4-year-olds. It takes a lot of time. It takes a lot of patience. They get it. It’s not the most efficient, but it can be done.”

Anyone who has children … hell, anyone who has ever been a child … knows how ridiculous that statement is.

Laurence Steinberg, a psychology professor at Temple University who is a witness in the same case, said, “I nearly fell off my chair when I read that deposition. Three- and 4-year-olds do not yet have logical reasoning abilities. It’s prepostero­us, frankly, to think they could be taught enough about immigratio­n law to be able to represent themselves in court.”

While cameras aren’t permitted in the courtrooms during child deportatio­n hearings, there are transcript­s. Filmmaker Linda Freedman, working with the non-profit Immigratio­n Counseling Service, used actual transcript­s to re-create what happens in deportatio­n court. The roles in the film, which can be seen at the Unaccompan­ied: Alone in America website (unaccompan­iedchildre­n.org), are played by a retired judge and others. But the words are real.

It’s heartbreak­ing. It’s infuriatin­g. And worst of all, it’s America.

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