Lutheran Social Services of the National Capital Area (LSSNCA) is deeply concerned by reports that immigration judges have been instructed to sharply limit continuances in removal proceedings, including for vulnerable children and survivors of violence who may be waiting for protections from abuse, serious crimes, or human trafficking.
The training discouraged judges from granting individuals, even unrepresented children, more than 10 days to secure legal counsel. In an extraordinarily complex and under resourced immigration system, that timeline is unrealistic, especially given the Administration’s recent actions resulting in a loss of pro bono, ethical, high-quality immigration support for children.
“The goal of this Immigration Judge training is clear: to accelerate the administration’s deportation agenda at the expense of due process, said Kristyn Peck, LSSNCA CEO. “Children who have already endured traumatic circumstances should not lose their chance at safety due to procedural barriers outside of their control,” said Peck.
LSSNCA is representing several unaccompanied children who have been placed in removal proceedings, despite having an approved application for Special Immigration Juvenile Status, which provides a pathway to a green card for children deemed abandoned, abused, or neglected. A family court had determined these children are qualified, and USCIS has approved the applications. The final step is for a visa to become available, which can take four years. Previously, if these children were sent to removal proceedings, their attorneys would ask the immigration judge to terminate proceedings or place them on the “juvenile docket” while they wait for the visa and a green card. Today, the immigration judges have been instructed that the wait for a visa makes this form of relief from deportation too tangential, often resulting in the child being ordered removed, despite having an approved path to a green card.
LSSNCA believes every person appearing in immigration court should have a meaningful opportunity to obtain counsel, present their case, and pursue immigration protections for which they may qualify or have qualified. Children should not be put at risk simply because court and administrative timelines do not align.
Behind every immigration case is a person, and behind every case number is a story. We call for immigration court practices that protect due process, recognize individual circumstances, and give vulnerable children a meaningful opportunity to pursue safety.
