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Administration Continues Rush To Deport Children Without Lawyers. By Roger Algase

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If postponing executive action on deportation was one prong of President Obama's disastrous attempt to appeal to anti-immigrant voters to try to save the skins of Democratic candidates in the midterm election, continuing to rush young children out of the US and back to violence-prone Central American countries without giving them time to find lawyers has been the other.

POLITICO reports as follows on November 6:

"Newly released government data show an immigration court system under stress as judges face pressure to expedite deportation cases even as thousands of child migrants - many under 14 and with no grasp of English - are still without attorneys to represent them.

The fast pace of arraignments has been quite extraordinary, with 11,392 master calendar hearings held from July 18 to October 21 or more than 800 a week. Of the 1542 removal orders issued in the same time period, 94 percent fell on children having no counsel." (Emphasis added.)

POLITICO also reports that while more than 10,000 continuances were granted to children by immigration judges, about half of which were in order to find counsel, 37 percent of the latter continuances were granted for only 60 days, not nearly enough time for the children to find a lawyer, given the shortage of non-profits and pro bono attorneys available.

These are not the only statistics recently released by the EOIR which shows the effect of the wholesale denial of fundamental justice and elementary due process to thousands of Central American children whose deportation cases are being "prioritized" by the Obama administration in its vain attempt to counter right wing charges that it supports "amnesty" and "open borders" for Latino and other minority immigrants.

POLITICO also reports:

"Of the 1804 cases listed as completed, 85 percent or 1542 ended with orders of removal. which carry with them criminal penalties and make it far harder for that child to try to re-enter the US. By comparison, just 47 were given the route ov voluntary departure, which avoids future felony charges."

Meanwhile attorneys for the plaintiffs in a July 9 lawsuit filed in a federal court in Seattle claiming that the children are being denied due process by being forced into deportation hearings without counsel are accusing the government of using delaying tactics to avoid a ruling from the court which might uphold the childrens' rights.

POLITICO writes:

"There's almost a Catch-22 side to this legal maneuvering.

For months, in fact, Justice argued that the initial July complaint hadn't "ripened" because those children were getting continuances and therefore couldn't yet show that they had been removed for lack of counsel Adding the two Salvadorean teenagers - who have already received orders of removal - would seem to address that standard for ripeness. And critics contend that by opposing the amendment [to the complaint in order to add these two teeneagers as plaintiffs], Justice is only dragging out the process and frustrating efforts to get a ruling from the federal courts on the underlying issue of a child migrant's right to counsel."

See: POLITICO: Thousands of child migrants still lack lawyers
Roger Algase is a New York lawyer and graduate of Harvard College and Harvard Law School. For more than 30 years, he has been helping employment and family-based immigrants achieve successful results by handling each of their cases personally and fighting hard to protect their rights.

Roger's practice includes H-1B and O-1 work visas, J-1 training visas, and green cards through Labor Certification, extraordinary ability and opposite or same sex marriage, among other immigration and citizenship cases. His email address is

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Updated 11-07-2014 at 08:51 AM by ImmigrationLawBlogs

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  1. Someone12's Avatar
    I forget....what's that visa category for children who don't wish to obey our rules and laws? Are we to believe that all of these brats should be given the red carpet entry to the US? What about all of those other people, beneficiaries of various family-based immigration visa petitions, who are waiting their turn, outside of the US, in order to immigrate LEGALLY to the US of A? Why should thousands of brats be escorted to the front of the immigration line merely because they (and their relatives) have absolutely zero respect for our laws, but then whine about how our laws are not giving them something they do not deserve???? Ship these brats home tomorrow...I'll be happy to drive a bus full of them back to the border and wave good bye to them.
  2. ImmigrationLawBlogs's Avatar
    Someone12 should be commended for posting some thoughtful and serious comments on other issues I have raised in recent posts (specifically relating to the value, or lack of same, of "services" provided by certain immigration law offices).

    I wish to thank him for his time and effort in reading my posts and making valuable comments based on his own experience working as an immigration paralegal. It is important and helpful to share these experiences and opinions, whether one agrees with them all or not.

    Someone12's above comment on my post about the border children, unfortunately, does not belong in the category of serious comment. Moreover, he seems to be unaware that America has something known as asylum laws, and that it also has a law known as the Trafficking Victims Protection Reauthorization Act (TVPRA).

    Much as this may horrify Someone12, these laws may give thousands of the children who showed up at our border fleeing violence in Central America every legal right to stay in the United States.

    Possibly, Someone12 might not like these laws. In that case, if he would like to share his zip code, I would be glad to provide him with the phone numbers of his Senators and Representatives he can call to try to get those laws changed, and I wish him good luck in doing so.

    He might even want to read these laws, and the leading judicial and administrative decisions interpreting them, before he picks up the phone, or writes comments such as the one above.

    Roger Algase
    Attorney at Law
    Updated 11-07-2014 at 09:20 PM by ImmigrationLawBlogs
  3. Someone12's Avatar
    how does a 12 year 'prove' he is facing persecution, etc? By merely regurgitating some story drafted on his or her behalf by some greedy immigration attorney? Or, perhaps by spinning any sort of tale, all without a shred of tangible proof...the asylum program is nothing more than a contest.."Who Can Tell the Best Lie" gets asylum. Never mind having to prove one's case....just keep throwing more stories into the ether and hope that one sticks.
    BTW, how does one 'traffic' one's self? You mean sneaking over the border by yourself is also known as trafficking? Well gosh, let's just dispense with our entire visa system. Just have everyone claim they were trafficked...'oh yea, by some guy with black hair and brown eyes named Juan' there's some tangible proof.
    Sorry Rog, but allowing anyone into the US via any made up story is only going to do 2 things:
    (1) fill our trailer parks with even more questionable people with health problems, economic problems, intellectual problems and a total lack of respect for our laws and culture, which will then compromise the human gene pool;
    (2) enrich immigration attorneys at the expense of the US taxpayer, who will be shelling out mucho dinero on behalf of all of these newly arrived 'persecuted' and self-trafficked about this...let's send the bill for all of this financial support to the very group who is profiting the most from it...AILA....then let's listen to their whining to the high heavens...
  4. Someone12's Avatar
    and the US of A does NOT owe the rest of the world a standard of living that third world countries cannot match.
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