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When it’s 9-year-old Edward’s turn to go before an immigration judge at Houston’s Smith Street Court, his mind goes blank.
“What’s your mom’s full name?” the judge asks through a Spanish-language interpreter. His mother, Lorena, is sitting next to him, but Edward worries he’ll mess up her two last names. He tells the judge he can’t remember.
Lorena is embarrassed, but the judge takes it in stride.
“We’ll give you time to practice for next time,” she says with a smile.
Facing a judge is a daunting experience for anyone, but even more so for kids like Edward experiencing the stress of leaving behind their homes, often with the looming threat of violence. Nearly 138,000 minors crossed the U.S. border without a parent or guardian during the last fiscal year, according to U.S. Customs and Border Protection data. Harris County is the top destination nationwide for unaccompanied minors, according to data from the Department of Health and Human Services.
Edward, who crossed the border with his mother in October and is being identified by first name because of his pending immigration case, had his first hearing at a moment when Houston’s immigration courts are working to improve the process for children by ensuring due process and catering to their developmental needs.
A new government memo released in December established guidelines for specialized juvenile dockets in immigration court, including steps to improve access to legal representation and child-friendly courtroom procedures. The guidance encourages judges to explain the court process, ask questions in a more accessible way, and allow the child to bring toys or books.
Immigration advocates in Houston say the situation for minors in immigration court is improving, with more kids being placed in the specialized courts and judges who appear to have training on handling children’s cases. But the implementation of the new policy remains spotty and inconsistent. Plus, these changes could be reverted under a new administration. So advocates are urging Congress to go a step further and enshrine protections into law.
“We’re at the mercy essentially of whatever administration is there and what the policy is for that administration,” said Carolina Rodriguez-Neufeld, managing director of the Houston office of Kids in Need of Defense, a national organization that defends the rights of child migrants. “We really need to ensure that regardless of what the administration or the policy looks like, kids are still being protected.”
‘Not meant for kids’
During a recent visit to Houston’s Smith Street immigration court, five experts from KIND, including Rodriguez-Neufeld, observed court proceedings on the adult docket. Some kids were there with parents or guardians: a 3-year-old Honduran boy who fell asleep on the bench, a 10-year-old Venezuelan girl who sat quietly beside her mother, and a 5-year-old Guatemalan girl whose feet dangled from the chair as she sat next to her dad.
The older kids sat composed next to their parents as they answered questions for the judge. But others, like the 5-year-old Guatemalan girl, grew restless as the process dragged on. Her dad answered the judge’s questions through a virtual translator in their native Q’eqchi’, an Indigenous Mayan language spoken in northern Guatemala.
When she got up to pick up her drawing book, the judge tried to persuade her to draw at her seat. When she became noisy, the judge suggested playing the quiet game.
“Just give me a few more minutes to talk to your dad,” the judge said through the interpreter.
Going to immigration court can be an overwhelming experience for kids, who often pick up on the anxiety of their parents before the big day. It’s normal for kids to fidget in the courtroom or forget the answers to basic questions, according to Dr. Luis Zayas, a psychiatry professor who specialized in child welfare at the University of Texas at Austin.
“The anxiety of the moment can’t be understated,” said Zayas.
The legal explanations and the way that the judge asked questions that day were difficult for kids to understand, Zayas explained. Many kids need time to build rapport before opening up about traumatic experiences. The judge often cited specific form numbers and asked questions in a way that even the adults had trouble understanding.
“The courts are just not meant for kids. They’re not child friendly,” said Rodriguez-Neufeld. “I talk to adults every day who don’t understand the immigration system, so to expect the child to be able to understand this is ludicrous.”
Immigration courts could take extra steps to make the process more kid friendly, Zayas said.
For example, sitting in a chair that is eye-to-eye with kids rather than at the traditional podium, or speaking to a plain-clothes judge, rather than a judge wearing traditional robes. There could be toys or stuffed animals available for kids to have something to squeeze when they get nervous. Social workers could be present to build a rapport with kids before seeing a judge.
Judges could avoid legal terminology and instead phrase questions in more colloquial, understandable language, Zayas said. Children could even be waived from court appearances altogether, so they wouldn’t have to miss school.
“Those are the things we’ve got to consider, and it’s for that reason that so many of us think that we really need to change the way immigration courts handle children,” said Zayas.
A day at the children’s docket
Houston’s courts have already started to make some changes to the process for kids’ cases, as the Houston Landing observed during a recent visit to the Smith Street court’s specialized juvenile docket.
Judge Maritza Ramos took a few minutes at the beginning to explain the legal process and identify everyone in the courtroom: an interpreter to her right and assistant to her left, as well as the government lawyer sitting at a table in front of her. In some cases, the judge waived the child’s appearance for some future hearings so that they don’t have to miss school.
A lawyer from a legal aid group then provided a 20-minute presentation, explaining their rights and important documents, as well as what to expect that day. They were all there for preliminary hearings, so no one would be ordered deported that day, she explained.
“Don’t be scared,” she said. “But immigration laws are very complicated.”
When the judge came back, she instructed anyone who changed their address to step outside so the lawyer could help them fill out the proper paperwork.
Josue, a 16-year-old from El Salvador at court with his uncle, was among those who received help from the lawyer. Josue, who is being identified by first-name only because of his pending immigration case, was nervous at first to show up to court. But the judge and the lawyer’s presentation made him feel more prepared.
“I’m more calm,” he said. “Now I know.”
When 9-year-old Edward struggled to answer, the judge implemented one of the principles laid out in the December guidelines: “Immigration judges should not assume that inconsistencies or poor articulation in a child’s testimony reflect dishonesty.”
His mom, Lorena, was relieved by the judge’s reaction. She’s nervous to come back to court, but not because of the judge’s behavior.
“Because I don’t want to return to El Salvador,” she said.
Congressional solutions
These changes at Houston’s courts have not been written into law by Congress. Even though they are laid out in the December memo, advocates criticized the lack of uniformity of the implementation of the specialized courts. While some minors in the Houston area are being placed in the specialized juvenile dockets, others are still having their cases heard alongside adults, according to Rodriguez-Neufeld.
That’s why Rodriguez-Neufeld and her colleagues are urging legislators to pass the Immigration Court Efficiency and Children’s Court Act of 2023.
The law would establish children’s courts with specialized judges who would be required to go through training on child-sensitive questioning, child-appropriate language, and child development. All immigrants under 18 or who entered as an unaccompanied minor would be placed in this specialized court, unless they request otherwise. The bill also establishes measures to increase access to legal counsel, such as connecting minors with legal aid groups.
“We have drug courts. We have traffic courts. We have veterans courts. We have all these other courts. Why can’t we have a children’s immigration court?” said Zayas.
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