New Video Hearings Prevent Fair Hearings for Immigrant Children
FOR IMMEDIATE RELEASE
Houston and Corpus Christi, TX, March 9, 2020— Today, staff from the Young Center for Immigrant Children’s Rights witnessed the first video-hearing (VTCs) for immigrant children in government custody in the Houston area. Most of these children were transported from government facilities to Houston’s immigration court, while others remained in programs located in Corpus Christi-but all of them were appearing before an immigration judge in Atlanta, who had no in-person contact with the children.
“Children who had arrived at 8:00 am—including a five-year-old—restlessly waited in Corpus Christi for hours today as the court struggled with technical difficulties. At a certain point, the court was adjourned for more than an hour in an effort to resolve the technical issues,” said Olivia Peña, Managing Attorney of the Young Center-Harlingen office.
During the video hearings, a series of technical difficulties caused confusion and frustration for children, their Child Advocates, and the attorneys trying to help children navigate complex immigration proceedings. For example, at one point children unexpectedly overheard an unrelated hearing over the VTC system, in which someone discussed a violent encounter and their fear of returning to their country.
“In addition to the technical difficulties that confuse the children and frustrate the judges, video hearings prevent judges from observing children’s body language or even making eye contact as they make life-altering decisions about children,” added Pamela Nickell, Managing Attorney of the Young Center-Houston office. “Today, one child who spoke an indigenous language was unable to understand two different interpreters. At the end of the hearing, the child was told to prepare to move forward with his case next month, with no guarantee an interpreter would be available at that time.”
Through an Executive Office for Immigration Review pilot program, the government is experimenting with video hearings where children in custody in Houston are taken to the Houston immigration court—but instead of appearing in the same courtroom as the immigration judge overseeing their case, they see a TV screen. Children in Corpus Christi, some of whom are particularly young, remain in a government facility while appearing in court by video. In both locations, the immigration judge appears on TV from her courtroom 800 miles away in Atlanta.
“Immigration court hearings are incredibly challenging for children in government custody, many of whom don’t have attorneys or Child Advocates. They become unreasonably and unacceptably unfair when they take place by video. We join other children’s rights organizations and allies in demanding an immediate end to this practice,” said Young Center’s Associate Director Elizabeth Frankel.
Last week, the Young Center released a statement alongside partner organizations Cabrini Center for Immigration Legal Assistance, Catholic Charities, Archdiocese of Galveston-Houston, Houston Immigration Legal Services Collaborative, Kids in Need of Defense (KIND), Tahirih Justice Center, and YMCA Houston discussing the many ways in which video hearings deny children due process and a fair chance to seek protection from atrocities and persecution.
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The Young Center for Immigrant Children’s Rights is a non-profit organization that protects and advances the rights and best interests of immigrant children and advocates for an immigration system that treats children as children first. For press inquiries, please contact Noorjahan Akbar at media@theyoungcenter.org or 202-725-7184.