CALIFORNIA — In a recent article entitled “Immigrant children face legal cases without lawyers. A CA bill could change that,” Sacramento Bee reporter Stephen Hobbs tells the story of a young immigrant boy in California, caught in the chaos of the ongoing deportation system, who is struggling to find legal representation.
The boy, unnamed to protect his privacy, appeared in immigration court last week before Judge Loreto Geisse. Observing the boy’s fatigue, Judge Geisse asked him, “Are you bored?” The boy simply replied, “Yeah,” according to the Sacramento Bee.
The child was accompanied by his grandmother, who has been trying unsuccessfully to secure legal representation for her grandson. Despite the emotional weight of the situation, Judge Geisse offered reassurance: “Don’t be scared… The government cannot remove you until I tell them they can,” the Bee reports.
Unaccompanied Minors Under Trump
This child was the twelfth minor brought before Judge Geisse for an immigration-related offense that day. According to the Sacramento Bee, any child found without a parent is taken into custody and considered to be unlawfully present in the United States.
None of the 12 minors who appeared in court that day had legal representation.
Hobbs highlights a 2008 law passed by Congress stating that the federal government must ensure, “to the greatest extent practicable,” that all unaccompanied immigrant children have access to legal representation in court. However, in March, the Trump administration sent a letter announcing it would stop funding those legal services, the Bee reports.
A federal judge has since ordered the government to continue funding legal aid for these minors while the legal challenge plays out in California’s federal courts, according to the Bee.
Hobbs also reports that procedural issues—such as mistakes in mailing addresses—have led to some children missing court notices and receiving removal orders by default. These bureaucratic errors can have devastating consequences.
“That’s why it is important you get a lawyer as soon as possible,” Judge Geisse told two boys awaiting their hearings, as reported by the Bee.
One such boy was just seven years old, sitting on a chair with his feet dangling above the floor. He was accompanied by a volunteer from NorCal Resist, a local grassroots organization that provides support for immigrants. The volunteer helped pass along case details to the boy’s sponsor, the Bee reports.
Assembly Bill 1261 Takes Aim
In response to these gaps in legal access, Assemblymember Mia Bonta of Oakland introduced Assembly Bill 1261 in February. According to the Sacramento Bee, the bill would require the state to fund legal service providers that offer representation to unaccompanied immigrant children residing in California.
During the last fiscal year alone, over 10,800 immigrant children were released into the care of relatives or sponsors in California after being taken into custody by federal immigration authorities, according to the Bee.
The proposed legislation is estimated to cost the state up to $37 million annually. A key vote in the Assembly Appropriations Committee is expected later this month, which will determine whether the bill advances.
“As a minimum standard,” Bonta told the Bee, “we should be able to provide support and legal representation to our children who are unaccompanied minors.”
