U.S. Court Rules That Children Facing Deportation Must Navigate Courts Alone*

Hwaairfan's Blog

U.S. Court Rules That Children Facing Deportation Must Navigate Courts Alone*

By Kevin Gosztola

Central American mothers lay pictures of their children who went missing while crossing Mexico for the United States, on the steps of the Basilica de Guadalupe in Mexico City, Saturday Nov. 29, 2014.

The Ninth Circuit Court of Appeals ruled immigrant children do not have a right to counsel appointed at the government’s expense and outside of administrative deportation proceedings. Children, even those without a lawyer, must go through immigration courts before bringing claims before federal district courts.

“Congress has clearly provided that all claims—whether statutory or constitutional—that ‘arise from’ immigration removal proceedings can only be brought through the petition for review process [PFR] in the federal courts of appeals,” the appeals court argued [PDF].

The children pursued this claim as a class action lawsuit. The right-to-counsel claims, according to the appeals court, arose…

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