Letters to the 108th Congress

June 19, 2003

The Honorable Dianne Feinstein
United States Senate
Washington, D.C. 20510

The Honorable Sam Brownback
United States Senate
Washington, D.C. 20510

Re: S 1129, The Unaccompanied Alien Child Protection Act of 2003

Dear Senators Feinstein and Brownback:

I am writing on behalf of the American Bar Association to thank you for introducing S. 1129, the Unaccompanied Alien Child Protection Act. This legislation is urgently needed to improve protections for unaccompanied immigrant children and to provide them with legal representation.

As you are aware, foreign-born children arrive in the United States every day unaccompanied by their parents or other legal guardians. Some are escaping political persecution, while others often are fleeing civil war, famine, abusive families, or other dangerous conditions in their home countries. When they arrive, these children generally have no legal status or support system and face a stressful and confusing ordeal.

Detained children are rarely aware of their rights under U.S. law and most of these children speak little or no English. They frequently are detained in secure facilities, sometimes commingled with juvenile offenders. Although some children may have U.S. family members to whom they can be released, many will remain in custody while their cases proceed through the immigration court system. Over 5000 unaccompanied children were detained last year in over 90 different locations.

U.S. immigration laws do not allow for the appointment of counsel at the government's expense even though the consequences of deportation may be quite dire. As a result, with very little understanding of the law and the legal process, these vulnerable children frequently have no choice but to represent themselves against experienced government trial lawyers. The ABA is working with state and local bar associations across the country to help these children secure pro bono representation. However, the numbers of unaccompanied children who are detained nationwide exceeds available volunteers.

The ABA strongly supports enactment of legislation such as S. 1129 to ensure that every child in this situation is represented by an attorney to protect that child's interests and to assist him or her in applying for relief under U.S. law. All children within our borders should be treated fairly by our laws and justice system and this legislation is a big step towards accomplishing this goal. We want to thank you for your leadership on behalf of these forgotten immigrant and refugee children and offer our assistance in working with you to secure these long overdue improvements.

Sincerely,

Robert D. Evans
Director, Governmental Affairs Office

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