Scholten Helps Introduce Bipartisan Bill to Protect Migrant Children, Address Immigration Court Backlog

WASHINGTON, D.C. – Today, Congresswoman Hillary Scholten (D-MI) joined U.S. Senators Michael Bennet (D-CO) and Lisa Murkowski (R-AK) and Reps. Dan Goldman (D-NY), Maria Salazar (R-FL), and Rep. Lori Chavez-DeRemer (R-OR) in introducing legislation to combat the immigration court backlog and strengthen due process rights for unaccompanied migrant children.

“Let’s be clear about one thing–infants and children should not be in a situation where they have to stand trial in immigration court,” said Rep. Scholten. “We have a deeply broken immigration system in this country. But as we continue the long and complicated work for repairing it, of fighting for justice in a political climate that has grown callous to the suffering of children, the next best option is creating a court that works to accommodate their unique needs. As a mom, I’ll never stop fighting for these vulnerable kids.” 

“Since joining the Senate, I’ve fought to reform our broken immigration system, keep our country safe, and protect innocent children who cross the border seeking asylum. This legislation will ensure kids fleeing violence and persecution are able to understand and participate in immigration court proceedings and are treated with the dignity, respect, and care they deserve,” said Senator Bennet. “This bipartisan, pragmatic legislation demonstrates that we can find common ground and repair our broken immigration system to uphold the rule of law and honor our country’s heritage.”

“The Biden Administration has failed on our Southern Border. Our country is facing nearly 3 million border crossings in 2023 and continued dysfunctional immigration policies. Each of these problems only exacerbate the severe backlog at our immigration courts and inhibit due process for individuals navigating the legal system. Unfortunately, these failures especially impact unaccompanied children, who are sometimes required to face a judge at their removal proceeding alone,” said Senator Murkowski. “No child should be left alone in court—and the United States of America can and should do better for vulnerable children. That’s why I cosponsored this commonsense effort that would enhance the efficiency of immigrant courts and due process for children—while also training judges on how to hold proceedings specific to minors. While we have a long way to go in addressing the many and significant problems with our immigration system, particularly in securing our borders, this effort takes real, pragmatic to ensure a more streamlined and appropriate process for vulnerable children.”

“We have an obligation to protect the children who arrive at our borders without their families, and it is vital that we make our immigration system easier for these young people to navigate,” said Rep. Goldman. “Children coming to the United States alone have often traveled hundreds of thousands of miles to escape extreme violence and other dangers. Far too often, these children are left alone to navigate a judicial system they do not understand, frequently in a language they don’t speak, and sometimes without a lawyer to represent them. A dedicated children’s court within our immigration system will allow us to tailor a complicated immigration system to a child’s needs and ensure they receive due process and essential assistance.”

“Children are often the greatest victims of our broken immigration system,” said Rep. Salazar. “We must do better to meet children’s needs while streamlining immigration court proceedings and making our courts more efficient. I’m proud to co-lead the Immigration Court Efficiency and Children’s Court Act to improve outcomes for children, families, and the American people in our backlogged immigration courts. And most importantly – keep them safe.”

Unaccompanied migrant children face unique obstacles as they navigate the complex U.S. immigration system. After they are placed into removal proceedings, many unaccompanied children appear alone before a judge in immigration court. Children’s cases are legally complex and often take longer than adult cases to hear. As a result, there are more than 62,000 pending unaccompanied children’s cases in the United States.

The bipartisan, bicameral Immigration Court Efficiency and Children’s Court Act is a common sense proposal to strengthen due process for vulnerable children and combat the immigration court backlog. The legislation would establish a Children’s Court within the Executive Office for Immigration Review (EOIR) focused on the adjudication of unaccompanied children’s removal proceedings. 

The newly established Children’s Court would require: 

• Specially Trained Personnel: Children’s Immigration Court judges would receive special training on child trafficking, developmental and trauma-informed practice, and docket management tools. 
• Child Participation Protocols: The Children’s Court would ensure that children can easily attend court, actively engage in the process, and fully understand their rights to help overcome typical challenges in children’s proceedings. The bill would require that the Court utilize child-appropriate procedures to help ensure that children comprehend the proceedings, are treated appropriately for their developmental stage, and have sufficient time to secure counsel. 
• Coordination with Legal Services Organizations: Legal services organizations would coordinate with the Court to help children access legal screening and immigration proceedings at the same time and place to ensure that children obtain counsel faster and more efficiently. This approach reduces unnecessary time in court and can prevent procedural delays.   

This legislation is supported by 40 organizations, including World Relief, National Immigration Forum, Church World Service, Women's Refugee Commission, American Immigration Lawyers Association, American Bar Association, and the Rocky Mountain Immigrant Advocacy Network (RMIAN). 

The text of the bill is available HERE. A summary of the bill in English and Spanish is available HERE.