ABA teleconference offers best practices for representing unaccompanied minors

Marcos Trujillo is a 15-year old illegal immigrant who was apprehended in Texas after fleeing a childhood first filled with abuse in his home and then, later, at the hands of gangs and "johns" as he prostituted himself while on the streets.

This hypothetical situation was presented to attendees of an ABA continuing legal education teleconference and webcast sponsored by the Section of Litigation Children’s Rights Litigation Committee, the Commission on Immigration and the Center for CLE.

The program, offered free for the first 300 registrants, allowed moderator Anne Chandler, University of Houston Center—Immigration Clinic, and panelists Brigette DeLay, consultant on international child protection issues; Vanessa Melendez Lucas, Children and Family Justice Center in Evanston, Ill.; Christopher Nugent, senior counsel with Holland & Knight, Community Services Team; and Anne Wideman, Lutheran Immigrant and Refugee Services in Baltimore, the opportunity to address the special issues involved in handling children’s immigration cases, as well as to offer hints on how best to prepare and handle such cases. Some of these include the cross-cultural issues and language barriers when interviewing children and preparing them to testify, the difficulties in obtaining corroborating evidence, how to use experts, and best trial practices.

After Chandler outlined the main portions of the hypothetical, Lucas followed up by stressing two critical points that a lawyer should remember: What methods of relief are open and eligible for the child? and How can the facts of the case be relayed in the most compelling fashion? Wideman added that another important item to keep in mind is the child’s development. “Children do not understand the world in the same way as adults,” and the way they tell their story is different.

DeLay offered tips on interviewing kids, stressing that it was important to try to understand children, not just their age but also their development due to the culture from which the child has come as well as their life experiences, which may cause, as Wideman explained, a child to either act older or younger than his or her chronological age. As part of the program, DeLay talked about creating a mobility map, a snapshot of all the places that are relevant in a child’s life, such as home, school and place of worship. Lawyers are encouraged to ask the child to draw their home, describe with whom they lived prior to coming to the United States and where they live now. A further step, after giving the child as much time as needed to draw the map, is to ask them to describe where they liked to live, and where they did not. A lawyer should also ask about daily routines, chores and education. The use and benefits of a flow diagram—a list of the different people a child might go to for support—was also discussed.

“Work toward inclusive interviewing,” stated DeLay, so that you obtain not only the facts but that you ensure that the child understands the situation. DeLay offered tips to develop a rapport, a sense of trust, interest and respect with the child: “Ask the child’s permission to interview him and to take notes,” “explain the purpose of the interview to the child” and, where necessary, ask for clarification.

Lucas described how to determine if an interpreter would be required in one’s case and what qualifications an interpreter should have, including first asking open-ended questions of the child in order to gauge his or her “true ability” to convey necessary details in English if the child is not a native speaker.

Nugent wrapped up this information and more as it relates to the trial phase of the case, including keeping in mind the impact of different types of relief in an immigration case, and giving tips on gaining corroborating evidence.

The ABA’s Standards for Custody, Placement and Care; Legal Representation; and Adjudication of Unaccompanied Alien Children in the United States may be found online [PDF]. Materials from the program are available through the ABA Webstore.

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