A constitutional right to appointed counsel for the children of America's refugee crisis

Despite their remarkable courage, children fleeing persecution to America's southern border are among the most vulnerable individuals in our society. Seeking compassion and fairness in the midst of a refugee crisis, these children instead meet a system that is all-too callous and unbending. C.J...

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Veröffentlicht in:Harvard civil rights-civil liberties law review 2019-06, Vol.54 (1), p.257-297
1. Verfasser: Hanna, Andrew Leon
Format: Artikel
Sprache:eng
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Zusammenfassung:Despite their remarkable courage, children fleeing persecution to America's southern border are among the most vulnerable individuals in our society. Seeking compassion and fairness in the midst of a refugee crisis, these children instead meet a system that is all-too callous and unbending. C.J. was no different. Facing death threats from a gang at home in Honduras, C.J. and his mother Maria travelled 3,000 treacherous miles to America. Maria did her best to speak on behalf of her son in immigration court-despite limited English proficiency, no legal background, and no assistance-but the immigration judge rejected C.J.'s pleas for relief. In early 2018, the Ninth Circuit ruled against C.J. as well, holding that immigrant children facing deportation do not have a right to appointed counsel; in doing so, it became the first court to state that it is constitutionally permissible for children to be forced to represent themselves in removal proceedings. However, opening a window of hope for children asylumseekers, the Ninth Circuit recently took the significant step of withdrawing the initial panel's decision and electing to rehear C.J.'s case en banc.
ISSN:0017-8039
1943-5061