Senior U.S. immigration judge says 3 and 4 year old children can represent themselves in court

The ACLU deposed Judge Jack H Weil, a senior judge responsible for training other immigration judges, in a case over whether 3- and 4-year-olds needed legal representation during deportation hearings. Judge Weil insisted that children as young as three could be taught the basics of immigration law and didn't need taxpayer-funded lawyers in order to get a fair hearing.

Judge Weil was a witness for the DoJ, which is contesting the ACLU's lawsuit to provide counsel to people facing deportation. Later, he said that his remarks were taken out of context, though he said he couldn't clarify without consulting the DoJ, and has not yet made any clarification. The judge's remarks included "I've taught immigration law literally to 3-year-olds and 4-year-olds. It takes a lot of time. It takes a lot of patience. They get it. It's not the most efficient, but it can be done." He later reiterated, "I've told you I have trained 3-year-olds and 4-year-olds in immigration law. You can do a fair hearing. It's going to take you a lot of time."

ACLU attorney Ahilan Arulanantham, who questioned Weil, said that he confirmed the judge's statements "because what he said was so outrageous. As I asked further questions, he obviously meant what he said."

In a Feb. 11 speech in the Senate, U.S. Democratic minority leader Harry M. Reid said he had been told about one case in which a 5-year-old girl was brought before an immigration judge.

"This little girl was clutching a doll and was so short she could barely see over the table to the microphone," Reid said. "She was unable to answer any questions that the judge asked her except for the name of her doll: 'Baby Baby Doll.' That was the name of her doll."

In the Seattle case, the ACLU is arguing that failure to provide counsel for indigent children in immigration court violates the U.S. Constitution and federal immigration laws.

The Justice Department is disputing the idea that all children are entitled to an attorney. "Nothing in the Constitution requires the taxpayers to provide counsel to minors in immigration court," Justice Department lawyers said in a 2014 motion, adding that doing so would cause "potentially enormous taxpayer expense."

U.S. judge says 3- and 4-year-olds can represent themselves in immigration court. [Jerry Markon/Washington Post]

(via Skepchick)

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