Q&A
Process for unaccompanied minors appearing before immigration judges
2:38:08
·
77 sec
Council Member Rita Joseph inquires about the process and timeline for unaccompanied minors to see immigration judges. Officials from ACS and MOIA explain that the timeline varies and depends on when the first master calendar hearing is scheduled. They also highlight the lack of guaranteed right to counsel in federal immigration court.
- ACS is not involved in the legal cases of unaccompanied minors
- The timeline for seeing an immigration judge depends on individual cases and scheduling
- There is no guaranteed right to counsel in federal immigration court, which can be detrimental to youth without attorneys
Rita Joseph
2:38:08
Thank you, chairs.
2:38:10
Good afternoon.
2:38:11
Just a couple of questions around how long does it take an unaccompanied minor to see a judge?
Stephanie Gendell
2:38:24
Are you asking ACS that question?
2:38:26
Yeah.
2:38:27
So ACS wouldn't be involved in the legal case of an unaccompanied minor, so we wouldn't know the answer because there'd be processed and in the care and custody of the federal government.
Rita Joseph
2:38:39
Maia, can you answer that?
Tom Tortorici
2:38:40
Yeah.
2:38:41
I was only gonna respond that it would depend what type of judge, an immigration judge, if
Rita Joseph
2:38:46
Immigration judge.
Tom Tortorici
2:38:47
It would depend on the specific case.
2:38:50
It would depend upon when their 1st master calendar hearing and immigration quarter is scheduled via what's called a notice to appear, which is issued by immigration and customs.
Rita Joseph
2:39:01
Because we hear that young people are seeing as young as five years old sitting in front of judges unaccompanied by an attorney.
Tom Tortorici
2:39:11
It's a it's a it's a long standing issue.
2:39:16
There is no guaranteed right to counsel in federal immigration court, and that prejudices a great many youth that don't have an attorney.