Rep. Chu, House Members Introduce Legislation to Provide Legal Counsel to Unaccompanied Minor Children

Washington, D.C. – Today, Reps. Judy Chu (D-CA), Hakeem Jeffries (D-NY), Karen Bass (D-CA), Lucille Roybal-Allard (D-CA), Luis Gutierrez (D-IL), and Suzan DelBene (D-WA) announced the introduction of the Vulnerable Immigrant Voice Act of 2014 (VIVA). This legislation would mandate government-appointed counsel in immigration proceedings for unaccompanied children and individuals with mental disabilities. Currently, these individuals have no right to government-appointed counsel in such proceedings.

Without legal representation, children must present a legal defense on their own to prevent their removal from the United States. The bill would allow vulnerable immigrants to have a fair opportunity to seek protections for which they may qualify.

“Our current immigration removal system fails to live up to American values. Each year, thousands of children face removal proceedings alone,” said Rep. Chu. “A child should not have to face such proceedings -- that determines whether they can stay or must go -- without legal counsel. This bill is a critical step forward in ensuring due process and that the most vulnerable immigrants have a meaningful opportunity to seek the protections for which they qualify.”

According to the Department of Justice, the detained individuals who had information regarding their rights prior to their first hearing spent on average 11 fewer days in detention. Based on figures from the Department of Homeland Security, the estimated cost of detention is $164 per day per detainee and roughly $2 billion annually.

“Access to counsel will increase the efficiency of removal proceedings, reduce the case backlog, and reduce the overall number of unnecessary immigration court proceedings,” Rep. Chu continued.

This legislation comes at a time when the number of unaccompanied children entering the United States is rising. Since October 2013, over 47,000 unaccompanied minors have come to the United States to seek refuge from extreme violence and abject poverty. A majority of these children are from El Salvador, Guatemala, and Honduras, countries that have experienced increasing violence in the recent months. According to the United Nations High Commissioner for Refugees, as many as 58 percent of the minors could qualify for international protection.