On Monday, 25 immigrant children appeared before a judge in a Texas immigration court. Some were 6 years old, some were 3 years old. Some children were not even old enough to understand the meaning of court proceedings. But the future of all of them depended on the same question: would they be allowed to stay in America or be sent back to their own country?

In the Harlingen court, a 6-year-old boy was pretending to fly a plane, while another 3-year-old boy was playing with a microphone. A teenage girl was trying to signal her friend with her eyes. Although the court environment seemed normal, matching the age and behavior of the children, their cases were extremely serious.

The judge urged a teenager to pay attention, saying, ‘You are smiling and these proceedings seem fun. But you need to pay attention. These proceedings can decide whether you will be allowed to stay in America or be deported.’

Children as young as two years old are now appearing in immigration courts across America. Many of them do not have legal representation. They are facing court proceedings themselves to seek the right to stay in America by proving that they cannot return to their country.

Angel’s Pain at 13

Among the children who appeared in court on Monday was 13-year-old Angel from Honduras. He had no lawyer. The judge asked him why he could not return to Honduras. Angel replied, ‘My mother and almost my entire family are here. It is very dangerous to return there.’

But the judge did not consider his answer a sufficient basis for asylum. He told Angel that he was not eligible for asylum under US law. Then the judge asked, ‘Do you want to leave the country voluntarily, or should I issue a deportation order?’

Angel was confused for a moment. He said, ‘I don’t know.’ Then he started crying. After crying silently and looking ahead for a while, Angel finally said, ‘I have no one. I have nothing.’

Although the judge said he understood his situation, he cited strict US immigration laws and gave him until the end of the month to appeal the deportation order.

Angel’s case is just one example of the difficulties children face in US immigration courts.

Separated from Family, in Court Proceedings

Hundreds of unaccompanied immigrant children who were apprehended while trying to enter the US southern border or were caught by US Immigration and Customs Enforcement with their families are now in shelters run by the Office of Refugee Resettlement (ORR) under the Department of Health and Human Services.

It is ORR’s responsibility to care for these children. But shelter and basic care are not enough for them. They have to present their cases in immigration court.

Activists and lawyers say this process has become even more intense and complicated under President Donald Trump’s administration. They claim that legal aid for children has decreased after the administration terminated a long-standing legal services contract this summer.

It is noted that the immigration system in America appears to be constantly changing. Activists say that the lack of adequate information about these changes to children and their representatives has increased confusion and put further mental pressure on children facing deportation.

Questions About Legal Protection

A federal law was enacted in the US about two decades ago with the aim of providing special protection to unaccompanied immigrant children. The Trafficking Victims Protection Reauthorization Act of 2008 ensures processes such as checking whether these children are victims of human trafficking and whether they have a credible fear of persecution in their own country.

However, immigrant rights advocates and lawyers say these protections have weakened under the Trump administration. According to them, children’s asylum interviews are being suddenly rescheduled, sometimes with only 24 hours’ notice, and legal assistance is being limited.

Immigration hearings that used to span months are now taking place in a few days or weeks. The court’s internal procedures are also changing frequently. A link to the court is provided.

On the other hand, relatives or guardians are also facing additional checks when trying to take custody of children. The administration says these checks are necessary for the safety and thorough verification of the children.

According to Daniel Gestal, deputy director of the child program at the American Center for Immigrant Rights, children’s asylum interviews and court hearings have been expedited in recent months.

Children also have to present evidence to support their asylum claims. However, they are not legally required to have a lawyer throughout the entire process.

An activist said, ‘Children as young as four years old do not know where they are or what is happening. They may understand that they are talking to a judge, but they do not understand how serious it is.’

Termination of $200 Million Legal Services Contract

A major change came in July in the system of providing legal assistance to immigrant children in America. The Trump administration allowed a long-standing contract with the Acacia Center for Justice to expire.

Through the contract, worth about $200 million annually, Acacia collaborated with about 100 legal service providers across the US, assisting more than 20,000 unaccompanied immigrant children.

Under the contract, children were provided information about their rights, legal screening, counseling, and legal representation if needed. According to Saina Eber, executive director of Acacia, when the contract was in effect, it was mandatory to provide representation to children in detention and those in the process of moving forward with their cases. According to her, at that time, no child in detention was being issued a deportation order without legal representation.

In early August, ORR provided up to $20 million to the US Committee for Refugees and Immigrants (USCRI) to provide legal services until December 31.

However, some statements filed in court since then claim that USCRI lawyers were not present at the children’s hearings or, if present, did not speak adequately. The Department of Health and Human Services, on the other hand, stated that the administration is committed to ensuring legal representation for children.

Increasing Pressure on Children

Lawyers say that the lack of legal aid can directly affect children’s asylum claims. Asylum requires an interview with a US asylum officer. Such interviews can last for hours and involve questions about potentially traumatic events experienced by the children.

In the absence of a lawyer, children have to face such questions alone. Lauren Fischer Flores, legal director of Probar, gave an example of a 3-year-old boy’s interview last month. The boy was unable to even sit in the chair. He was sitting on the floor, applying bandages to furniture and playing with a toy dinosaur, while the asylum officer was questioning him.

According to a memorandum sent by ORR to shelters in September, USCIS could conduct virtual interviews with children claiming asylum. It was also mentioned that the relevant lawyer or legal service provider should be informed.

Children Being Detained

In August, an average of 1,883 immigrant children were in the custody of the US Department of Health and Human Services. Federal data shows this number is lower than in previous years. However, the process they face after reaching court is not easy. According to an example given by Probar, an organization that provides legal aid to immigrant orphans, a 7-year-old boy appeared before an immigration judge without a lawyer in August. He was ordered to leave the US voluntarily and given 30 days.

To help children, Probar has also launched a hotline called ‘Dori’ for the first time. More than 200 calls have been received on the hotline since early August.

According to Probar lawyer Catherine Beck, some children express their feelings, while some remain completely silent. On the other hand, many children are choosing the option of voluntarily leaving the US and returning to their own country. The US Department of Homeland Security has proposed offering $3,000 in financial assistance to children returning under such circumstances.

The scene in the Texas court has highlighted a sensitive aspect of US immigration policy. Many children who have come to court to decide their future are still so young that they do not fully understand the meaning of court proceedings and their consequences. For them, legal arguments, asylum claims, and deportation orders are not just legal terms; they are linked to questions of where they will live, with whom they will stay, and where they will build their future.