Immigrant advocacy groups are suing the US government for not ensuring children facing deportment have legal representation.
The right to legal counsel and representation is a cornerstone of American justice. The 6th amendment guarantees this right for federal criminal proceedings, setting a precedent that has made its way into popular consciousness and resulted in many Americans believing that vulnerable individuals should always be provided with competent counsel that can advise them of their rights.
On Wednesday, July 9, a group of immigrant rights advocates put this belief into practice by filing a class-action lawsuit against the US government in a Seattle federal court. The suit accuses agencies including the Department of Justice, the Department of Homeland Security, and the Office of Refugee Resettlement of violating due process by allowing some children to go through the complicated immigration legal system without legal counsel.
Immigration cases are heard in civil court, not criminal court, so technically the 6th Amendment does not apply. However, the advocacy groups bringing the suit argue that because children lack the intellectual and emotional capacity to fully understand the civil proceeding and its impact on their future, it is not right for them to go through it alone.
Though the Justice Department has announced plans to expand legal assistance programs for individuals caught up in immigration cases, this kind of assistance is not sufficient to help children. As an attorney from the ACLU puts it, “A 10-year-old cannot make legal arguments and cannot even make reliably accurate factual statements that a court can rely on in deciding that child’s case.”
The lawsuit names 8 specific plaintiffs, including both newly arrived children and children who have been residing illegally in the US for years, and targets a variety of ongoing actions that could result in the deportation of thousands of minors.
This case serves to remind us of the importance of securing expert legal representation in any civil or criminal matter. The cost of an attorney is certainly worth shouldering, especially considering the life-altering legal decisions that could be reached in a civil or criminal case.
At the Law Offices of Torrence L. Howell, we provide superior representation for clients involved in family law disputes as well as criminal law cases. Please contact us today to schedule a free initial consultation to discuss your case and find out how our services can help you secure the best possible outcome.
