Utterly Alone in Court: How Unaccompanied Minors' Lack of Access to Appointed Counsel Falls Short of Domestic, International, and Biblical Standards

Abstract

This Note examines the lack of a right to government-funded counsel for unaccompanied minors in immigration proceedings by conducting a comparison of the United States’ immigration system with those of Germany, Italy, and Greece. To begin, this Note surveys the current legal protections available to children in different court proceedings in the United States. Then, this Note analyzes all four systems in light of the United Nations’ Convention on the Rights of the Child and the United Nations’ Convention Relating to the Status of Refugees. For those countries which are members of the European Union (EU), compliance with EU Directives regarding unaccompanied minors, including the Dublin III agreement, is also analyzed.

This paper concludes the best method for compliance with international duties towards unaccompanied minors would be the creation of systems that provide unaccompanied minors with appointed counsel throughout the immigration process. This involves expansion of 8 U.S.C. § 1232(c)(5) beyond the reliance upon only pro bono attorneys to represent unaccompanied minors but rather include line items in the budget for government funding of attorneys for these children.

Keywords: unaccompanied minors, access to counsel, right to counsel, pro bono counsel