Undocumented children in El Paso often face immigration judge without an attorney

Undocumented children held at a facility near the Tornillo port of entry often face a judge without legal representation, an immigration attorney told ABC-7.

Immigration attorneys tell ABC-7 children have the right to legal representation, but the government will not provide or pay for it. That leaves many undocumented children alone in the courtroom when they face the judge.

“All unaccompanied children are placed into deportation proceedings,” said Linda Rivas, the executive director and managing attorney at Las Americas Immigrant Advocacy Center.

“If they’re apprehended, the children, a minor, will be placed into custody of ORR (Office of Refugee Resettlement), but that doesn’t make them immune to deportation. They do have to go to court and they have removal proceedings,” Rivas explained.

Unaccompanied children who are found entering the border illegally are placed into temporary or permanent custody.

“These children are arrested, sued by the government and are actually served with what amounts to a suit, a suit that has been filed in an immigration court by the government in which the government is asking that court to order this child deported from the United states,” said attorney Albert Armendariz, who represents undocumented children pro bono.

Armendariz told ABC-7 the government contracts with pro-bono organizations to provide legal services to undocumented children. “Up until a few days ago, the government had made no contract with anybody for the children (being held) in Tornillo,” Armedariz said, “So these children have been going to court all by themselves.”

On Monday, October 22, 2018, a group of about 20-25 children in uniforms (maroon t-shirt and khaki pants) were spotted at the Richard C. White Federal Building. Rivas told ABC-7 the removal proceedings are usually held on Thursdays.

Rob Barnes, a public information officer for the Executive office for Immigration review, confirmed to ABC-7 in an email that “Immigration judges assigned to the El Paso Immigration Court conducted juvenile dockets Monday, Oct. 22, 2018, for respondents in the care and custody of the Department of Health and Human Services, Office of Refugee Resettlement.”

ABC-7 also reached out to the Department of Health and Human Services for more information on the children. It sent the following statement:

“Thank you for contacting HHS’ Administration for Children and Families (ACF). The safety of all unaccompanied alien children (UAC) in our care and custody is paramount. As such, in order to protect their privacy and security, ACF does not disclose information related to UAC court appearances.”

EDITOR’S NOTE: ABC-7 is working to learn more about the nature of the court appearances and what representation, if any, the undocumented children may receive in the near future.