What It's Like to Represent a Six-Year-Old in Immigration Court

It was about 9:30 on Thursday morning when Immigration Judge Randa Zagzoug called Leo de León's name. The six-year-old child got up from his seat and walked over to a table facing the judge, where he took a seat alongside his lawyer and a Spanish language translator. His legs were too short for his feet to touch the floor but he smiled at the two women, revealing big dimples.

Leo had come to court to seek a voluntary departure. This would let him join his mother back home in Guatemala. The two had been detained together after illegally crossing the U.S. border in May, during the Trump Administration's "zero tolerance" policy. But within two days, Leo was taken away. In an interview with Voice of America, his mother, Lourdes de León, described how she didn't even have time to give him one last hug.

De León said she wanted to request asylum after crossing the border. But after Leo was sent away, she alleges she was tricked into agreeing to be deported back to Guatemala because she thought he would join her. Instead, she was sent home without him in early June on a plane with other migrants, some of whom also described being misled.

Meanwhile, like more then 2500 other children who must now be reunited with their families, Leo was sent to federal foster care. He was placed with a family in New York City through Cayuga Centers. In their weekly phone calls, de León said Leo didn't understand why they were separated and why he needed to see a judge in order to return to Guatemala.

"He said 'Mama, they tell me I have to go with a judge but I don't understand, what's a judge?'" de León told WNYC. 

On Thursday, Leo finally saw the judge. 

A Room Full of Children

Leo was among about 25 unaccompanied minors in Judge Zagzoug's courtroom Thursday morning, on the 14th floor of the Federal Building in Lower Manhattan. They came in groups, some with escorts from their foster agencies. About 10 stood in line to enter the courtroom and filed quietly into the back row, where they waited hours for every one in their group to be called. There were teenagers and elementary school-aged children. A tiny girl in a frilly blue dress held the hand of an adult who accompanied her.

A little boy named Solomon in a red and white striped T-shirt seemed reluctant to enter the courtroom with everyone else. A woman standing with him eventually coaxed him into the room.

When the boy's name was called he sat quietly and appeared timid. "How old are you," the judge asked through a translator. Solomon said he was seven. His lawyer from Kids in Need of Defense was meeting him for the first time and requested more time to review his case. The judge adjourned the case until November.

In New York, all unaccompanied minors are given legal screenings by Catholic Charities, which has a contract with the federal government. Its lawyers then represent some children while others are taken by different public interest law firms and pro bono lawyers.

On Thursday, several lawyers requested adjournments because they were were just getting charging documents from the government, which include details about immigration status, date of birth and nationality. Anthony Enriquez, Director of the Unaccompanied Minors Program at Catholic Charities in New York, said "these documents are frequently riddled with errors and routinely not provided to the child or her counsel prior to the first immigration court appearance." He said that hinders lawyers' ability to provide due process.

Children separated from their parents during the Trump Administration's "zero tolerance" policy must be reunited by July 26th under a court order. That ruling stems from a class action lawsuit filed by the ACLU and the government issued its latest plan to comply on Wednesday. However, children like Leo — whose parents were already deported — are not covered by the ruling. They do have the right to go to court and request a voluntary departure to rejoin their parents.

Leo Gets His Hearing

Leo had already met once with his attorney, Jessica Lynch of Catholic Charities, before his court appearance on Thursday. She said she uses child-friendly language when talking with minors about court and also uses a chart. Some don't know what a lawyer is, and others are too young to even speak.

With Leo, she said, she explained that a lawyer is someone who "helps children." And she said, "I'll explain to the judge that you want to go back home and be with your mother."

On Thursday morning, the judge gave the government the standard 120 days to return Leo to his mother in Guatemala. A lawyer from the Department of Homeland Security made no objection. As the judge filled out documents, Leo kicked his feet in silence.

"Good luck to you, Leo," Judge Zagzoug said, as the hearing concluded and the next child's case was called. Leo grasped his lawyer's hand and rushed out of the room smiling.

Later, he called his mother to tell her the good news. Lourdes de León said her son was excited about going back home. She's waiting for the exact date — because he needs to obtain travel documents — but she hopes he'll come home well before the four-month deadline.