Statement in Support of Right to Counsel for Children Facing Immigration Removal Proceedings

Rule of Law Facts & Resources

The Immigration and Nationality Law Committee of the New York City Bar Association (“City Bar”) issues this statement in continued support of the right to counsel for children facing immigration proceedings and in light of the recent executive order “Protecting the American People Against Invasion,”[1] which plans to revoke all federal funding to sanctuary cities and to legal services providers assisting undocumented immigrants. Just days after the executive order was issued, the Department of Justice (“DOJ”) instructed providers to stop work on long-standing legal access programs that serve children, adults, and families at risk of deportation, including the Immigration Court Helpdesk (“ICH”), the Counsel for Children Initiative (“CCI”)[2] and the Family Group Legal Orientation Program (“FGLOP”).[3] These programs provide critical legal support to the most vulnerable individuals such as children and families. Following a temporary restraining order and much confusion in the administration, these programs were then resumed in early February 2025.[4]

The City Bar has long advocated for counsel for children and families in immigration proceedings and remains appalled at the large number of children appearing in removal proceedings without counsel.[5] The City Bar’s support for the right to counsel for children in immigration proceedings is based upon the following facts:

• Individuals in immigration removal proceedings, including children, do not have a constitutionally guaranteed right to an attorney if they are unable to afford counsel. Unaccompanied minors and children are often unable to afford an attorney on their own, and legal services providers do not have the capacity to represent the high number of unaccompanied minors and children placed in immigration proceedings every month.[6]

• Non-citizens, including unaccompanied minors and children, are entitled to fundamental fairness and due process under the Fifth and Fourteenth Amendments.[7] Lack of access to counsel undermines due process for children. Without an attorney, children are left to face complicated, high-stakes immigration proceedings on their own, which too often results in these children being ordered deported in absentia, placing them in an even more vulnerable position.[8] Often times, immigration documents and proceedings are provided in a language that a child does not understand. Thousands of unrepresented children are ordered deported each year due to the fact that they simply cannot understand the complexities of the legal process without legal help. The consequences of deportation for a minor can be extremely dire, including injury and death.[9]

• Many unaccompanied minors and children qualify for humanitarian protections to stay in the United States; however, navigating the immigration process alone is particularly challenging for children, who face age-related and developmental vulnerabilities. For instance, it is almost impossible for an unrepresented child to navigate Special Immigrant Juvenile Status (“SIJS”), which was enacted by Congress as a pathway for protection of children against parental abuse, abandonment, and/or neglect. SIJS is a multi-step process, including adjudication in state court, application before U.S. Citizenship and Immigration Services (“USCIS”), and potential litigation in immigration court if the child is placed in removal proceedings. Without legal representation, children cannot meaningfully access humanitarian relief intended to offer them legal protection.[10] With legal representation, children are seven times more likely to be successful in navigating legal relief.[11]

The City Bar is committed to advocating for the right to counsel for all children under the age of 21 in immigration proceedings so that every child has a fundamentally fair opportunity to navigate the immigration system. We urge our partners in the private bar, educational institutions and government to pursue actions that will result in establishing the right to counsel for children facing removal in New York.[12]

Moreover, for the representation of children in immigration proceedings to be meaningful, government funding cannot be unlawfully stopped. We therefore urge Congress to insist that the Department of Justice continue and expand these critical programs and adequately provide full representation to children in immigration court by competent, experienced, qualified attorneys with workable caseloads and sufficient social services and related support.[13]

About the Association
The mission of the New York City Bar Association, which was founded in 1870 and has 23,000 members, is to equip and mobilize a diverse legal profession to practice with excellence, promote reform of the law, and uphold the rule of law and access to justice in support of a fair society and the public interest in our community, our nation, and throughout the world. www.nycbar.org