Dean Johnson Interviewed by KPCC on Minors in Immigration Court
Dean Kevin R. Johnson was interviewed on Southern California public radio station KPCC regarding the pro se representation of minors in immigration court. The issue has been in the news following the publication of controversial statements by a federal assistant chief immigration judge that "toddlers can defend themselves in immigration court."
Dean Johnson said that detained immigrants are not guaranteed legal representation, and because the vast majority are unable to hire a private attorney or find pro bono representation while in custody, most wind up representing themselves in immigration court. The situation is especially problematic for minor detainees, who simply aren't capable of dealing with the complexity of immigration law, Dean Johnson said.
"The truth of the matter is that minors aren't in the best position to answer the questions of the court or to know what's really relevant to the court in deciding whether to obtain relief," said Dean Johnson. "They're much more likely to consent to removal from the country, because removal from the country gets them out of detention immediately. Many are distressed by the conditions of detention and just want to get out, even if it means getting out in their home country where they may face danger."
Kevin R. Johnson is Dean and Mabie-Apallas Professor of Public Interest Law and Chicana/o studies at UC Davis School of Law. He is an internationally recognized scholar in the fields of immigration law and policy, refugee law, and civil rights.