Quick Bytes
- New EOIR memo enhances protections for children in immigration court.
- Expands the definition of “child” to individuals under 21 and mandates child-friendly court procedures.
- Guidance on credibility acknowledges the impact of trauma on children’s memories.
- Legislation proposed to establish a separate Children’s Court within EOIR for more sensitive handling.
EOIR Memo Revamps Immigration Court Guidelines for Children
The Executive Office for Immigration Review (EOIR) has issued a new memo that significantly improves the guidelines for handling immigration court cases involving children. This memo, which supersedes a 2017 directive, broadens the definition of a “child” to include individuals under the age of 21, ensuring that more young people receive the specialized attention they need in immigration proceedings.
Specialized Juvenile Dockets and Child-Friendly Procedures
Under the new guidelines, specialized juvenile dockets have been established in cities with a high volume of cases. These dockets are presided over by judges trained in children’s issues and are scheduled on specific days, ensuring consistency in the application of child-friendly procedures. The memo mandates that courts without a separate juvenile docket must still hear children’s cases separately from adults.
Revised Credibility Standards
Recognizing the unique challenges faced by children, particularly those recounting traumatic events, the memo advises judges not to equate inconsistencies or poor articulation in a child’s testimony with dishonesty. It suggests that written statements from children may often be more appropriate than oral testimony in court.
Address Verification and Continuance for Missed Hearings
The memo also addresses the issue of children missing court hearings due to the failure of adult caregivers to notify the court of address changes. It introduces a policy where government attorneys must verify the child’s address and request a 30-day continuance if a hearing is missed, providing a safeguard against immediate removal orders.
Legislative Efforts for a Dedicated Children’s Court
Advocates are pushing for the passage of the bipartisan Immigration Court Efficiency and Children’s Court Act of 2023, which would establish a separate Children’s Court within the EOIR. This would ensure the implementation of more child-sensitive and trauma-informed practices, offering protections that cannot be easily reversed by future administrations.
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