New bill would create children’s immigration court
- New legislation aims to make the immigration court system better for kids
- Judges would receive training on handling cases with children
- Over 80,000 minors were called to appear in immigration court in 2022
EL PASO, TEXAS – MAY 09: Unaccompanied minors walk towards U.S. Border Patrol vehicles after crossing over from Mexico on May 09, 2023 in El Paso, Texas. A surge of immigrants is expected with the end of the U.S. government’s Covid-era Title 42 policy, which for the past three years has allowed for the quick expulsion of irregular migrants entering the country. (Photo by John Moore/Getty Images)
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(NewsNation) — A new bipartisan bill would establish a children’s immigration court to specialize in cases involving unaccompanied minors, many of whom currently navigate the system alone.
The Immigration Court Efficiency and Children’s Court Act of 2023 was introduced in the Senate by Michael Bennet, D-Colo., and Lisa Murkowski, R-Alaska, on Wednesday. A bipartisan group of lawmakers in the House also introduced the legislation.
The bill would establish a children’s court within the Executive Office for Immigration Review (EOIR) and make sure judges who oversee cases involving unaccompanied minors have experience working with children.
Over 80,000 minors were called to appear in immigration court in fiscal year 2022, according to a government data tracker out of Syracuse University. Over 40% of those called were children under age 4.
“This legislation will ensure kids fleeing violence and persecution are able to understand and participate in immigration court proceedings and are treated with the dignity, respect, and care they deserve,” Bennett said in a statement.
Children’s court judges would also go through specific training to learn “child-sensitive questioning techniques” and other methods to help kids, according to the bill. Lawyers representing the government in those cases would also receive training.
Murkowski said the bill will ensure a more “streamlined and appropriate process for vulnerable children.”
Foreign nationals do not have the same constitutional right to a lawyer as U.S. citizens, and migrant children are often left to represent themselves. Kids as young as 5 years old have signed documents waiving their rights.
The legislation aims to increase coordination with legal services organizations that would work with the court to help children obtain counsel faster and more efficiently.
The emphasis on efficiency could be crucial to the bill’s success.
Currently, there are over 2 million cases pending in U.S. immigration courts, a backlog that has tripled since the start of fiscal year 2017.
The new legislation comes amid a surge of unaccompanied minors at the U.S.-Mexico border. Last month, authorities encountered 13,771 children on their own, nearly double the 7,274 in June, according to U.S. Customs and Border Protection.
In total, CBP has encountered over 137,000 unaccompanied children crossing the southern border so far this fiscal year.