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Saturday, March 12, 2016

What happens when toddlers defend themselves against deportation?

From the Baltimore Sun, reporter Jessica Roy:

Can young children represent themselves in immigration court? One federal immigration judge thinks so.
 
Judge Jack Weil is assistant chief immigration judge for the U.S. Department of Justice. Part of his job includes coordinating training for other immigration judges and court staff. In a recently unsealed deposition, he asserted that migrant children as young as 3 are capable of representing themselves in deportation hearings.
The judge was speaking as an expert witness on behalf of the government in a case about whether unaccompanied minors who cross the border into the United States should be provided with legal counsel.
In his opinion, no.

"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," Weil said. "They get it. It's not the most efficient, but it can be done."
"I have trained 3-year-olds and 4-year-olds in immigration law. You can do a fair hearing," the judge elaborated. "It's going to take you a lot of time. But I really think that a great alternative to terminating a case for a child who may be eligible for relief where there's no counsel is to proceed very slowly, very carefully, and I'm going to tap every single resource I can to see if I can get the some help."
(The American Civil Liberties Union posted a transcript of the hearing last month. There is no guarantee of counsel in immigration court.)
So: Can 3- and 4-year-olds competently represent themselves in court? Immigration attorney Amy Maldonado decided to find out. She created a YouTube page where (adult) immigration lawyers put toddlers on trial.
 
To see the videos and read the entire story go here.
 
Here are a few of the videos:
 
 
 

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