Justice for child immigrants

A society predicated on justice and fair play gives expression to those values. Words without action fall away.

Last week, Washington Attorney General Bob Ferguson exhibited judgment and political courage, arguing in an amicus (friend of the court) brief to the U.S. District Court in Seattle that unaccompanied immigrant children in Washington should not be forced to represent themselves in their removal hearings. Ferguson’s analysis in the J.E.F.M. v. Holder lawsuit merits a read for its clarity, historical grounding and moral and legal resonance.

“The consequences these children face are dire if they return to their countries,” Ferguson said in a statement. “I am calling on the federal government to ensure every child who faces deportation has an attorney by his or her side in order to receive a fair hearing.”

This is a crystalline, right-or-wrong question: Do 12-year olds escaping crime and violence in countries such as Guatemala, Honduras and El Salvador deserve representation when tangled in the getting-the-boot labyrinth of the American justice system? Yes, they do. A Guatemalan teen who only speaks an indigenous language and is forced to mimic Perry Mason stands a 4 percent chance of successfully making his or her case. Representation informs outcome. “Since 2005, approximately 41 percent of unaccompanied children who are represented in Washington have had their cases resolved in a way that permits them to remain in this country,” Ferguson writes.

Ferguson’s take may have the lead-balloon popularity of a Gideon v. Wainwright, the seminal 1963 U.S. Supreme Court decision which determined that state courts must provide counsel to criminal defendants who can’t pony up for an attorney.

How we treat children is one of the moral tests of government, to paraphrase Hubert Humphrey. But race is the great unspoken. The cyber trolldom would be a quiet place if these were undocumented Norwegian or Australian children fleeing injustice.

The stakes are dead serious. “Deprivation of a full and fair hearing risks dire consequences for children who must return to their home countries,” Ferguson writes. “To give just one example, in 2004 Edgar Chocoy, an unrepresented 15-year-old boy, insisted that gangs would kill him if he were returned to Guatemala. Asylum was denied and Chocoy was deported. He was murdered in less than a month.”

Ferguson is reviewing options including identifying pro bono attorneys to help unaccompanied immigrant children. It’s a reminder that justice and fair play need to be practiced.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Opinion

^
Editorial cartoons for Saturday, April 20

A sketchy look at the news of the day.… Continue reading

toon
Editorial: A policy wonk’s fight for a climate we can live with

An Earth Day conversation with Paul Roberts on climate change, hope and commitment.

Eco-nomics: What to do for Earth Day? Be a climate hero

Add the good you do as an individual to what others are doing and you will make a difference.

Comment: To save orcas, agencies should supsend salmon fishing

Reports are showing alarming declines among salmon, a vital food source for state’s killer whales.

Comment: 4/20 Day offers chance to talk to kids about drugs

Marijuana use among youths is on the decline, showing the benefit of drug education and discussion.

Dan Hazen
Forum: Growing potatoes proves value in ‘reinventing the wheel’

You can get ‘em cheaper and easier at the store, sure, but then you miss out on spuds’ real perks.

Forum: Supreme Court shouldn’t allow punishment for homelessness

Regardless of the outcome, communities should seek out solutions, not penalties, for homelessness.

RGB version
Editorial cartoons for Friday, April 19

A sketchy look at the news of the day.… Continue reading

Snow dusts the treeline near Heather Lake Trailhead in the area of a disputed logging project on Tuesday, April 11, 2023, outside Verlot, Washington. (Ryan Berry / The Herald)
Editorial: Move ahead with state forests’ carbon credit sales

A judge clears a state program to set aside forestland and sell carbon credits for climate efforts.

Students make their way through a portion of a secure gate a fence at the front of Lakewood Elementary School on Tuesday, March 19, 2024 in Marysville, Washington. Fencing the entire campus is something that would hopefully be upgraded with fund from the levy. (Olivia Vanni / The Herald)
Editorial: Levies in two north county districts deserve support

Lakewood School District is seeking approval of two levies. Fire District 21 seeks a levy increase.

Schwab: Honestly, the lies are coming in thick and sticky

The week in fakery comes with the disturbing news that many say they believe the Trumpian lies.

If grizzlies return, should those areas be off-limits?

We’ve all seen the YouTube videos of how the Yellowstone man-beast encounters… Continue reading

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.