Congressman Goldman and Senator Bennet Introduce Bipartisan Bill to Protect Migrant Children, Address Immigration Court Backlog

Bipartisan ‘Children’s Court Act’ Would Create a Children’s Immigration Court Specialized to Handle Sensitive Cases, Reduce Strain on Immigration Courts Nationwide

Dedicated Children’s Court Would Prevent Unaccompanied Minors from Dangerous Situations Including Child Labor

Read the Bill Here

Washington, D.C. – Congressman Dan Goldman (NY-10), Senator Michael Bennet (D-CO), Senator Lisa Murkowski (R-AK), and Congresswoman Maria Salazar (FL-27) today introduced the bipartisan ‘Children’s Court Act’ to combat the immigration court backlog and strengthen due process rights for children. U.S. Representatives Hillary Scholten (D-MI), and Lori Chavez-DeRemer (R-OR) also joined as original cosponsors of this legislation.

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.

“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,” Congressman Goldman said. “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.”

Senator Michael Bennet said, “Since joining the Senate, I’ve fought hard 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 unspeakable violence and persecution are fully able to understand and participate in immigration court proceedings and that they are treated with the dignity, respect, and care they deserve. We need to come together as Americans to build an immigration system that upholds the rule of law and honors our country’s heritage. – and I’m grateful to my bipartisan colleagues for joining me on this important step forward toward comprehensive immigration reform.”

Congresswoman María Salazar said, “Children are often the greatest victims of our broken immigration system. 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.”

Congresswoman Hillary Scholten said, “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. 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.” 

Congresswoman Lori Chavez-Deremer said, “It’s no secret that our immigration system is riddled with serious flaws, including in the immigration court process. Unfortunately, the current process can result in children being left alone to fend for themselves. Although a number of problems are contributing to this crisis, we are a compassionate nation – and we should make needed improvements to ensure vulnerable children aren’t abandoned in our immigration court system. I’m honored to join this bipartisan effort to create a better and safer court process for unaccompanied children.”

The bipartisan, bicameral Immigration Court Efficiency and Children’s Court Act is a commonsense 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. 

Read the full bill summary here. A section-by-section here.

Jennifer Podkul, Vice President for Policy and Advocacy, Kids In Need of Defense (KIND) said, “The Immigration Court Efficiency and Children's Court Act of 2023 will help ensure that unaccompanied children -- including those at risk of labor abuses and other exploitation -- receive a fair, child-appropriate legal process. This commonsense bipartisan measure will also help streamline proceedings and conserve limited government resources at a time of significant strain on the U.S. immigration court system. We applaud Senators Bennet and Murkowski and Representatives Goldman, Salazar, Scholten, and Chavez-DeRemer for leading this pragmatic effort.”

Mary Smith, President, American Bar Association said, “Navigating the immigration court system can be challenging, but even more so for unaccompanied children. The American Bar Association supports this effort to ensure that vulnerable children have their cases adjudicated fairly, in an environment that is sensitive to their special needs, while enhancing the efficiency of immigration courts.”

Ashley Turner Harrington, Children's Program Managing Attorney, Rocky Mountain Immigrant Advocacy Network said, “Unaccompanied children should not be treated the same as adults by our immigration court system. Children have unique vulnerabilities, specialized relief options, and differing abilities to understand and participate in the legal process. While what is most needed is for every child to have an attorney to represent them in removal proceedings, children should at least be treated as children as they go through the immigration court process. RMIAN supports this bill because it would ensure that all unaccompanied children go through immigration court proceedings in child-friendly and child-specific courts with specially trained personnel and partnerships with children's legal service providers.”

Greg Chen, Senior Director of Government Relations, American Immigration Lawyers Association said, “AILA applauds Sen. Bennet, Rep. Goldman, and their co-sponsors for championing heightened protection and due process for children facing removal proceedings before immigration courts. For decades, children, even toddlers, have gone before immigration judges with no idea of the gravity and consequences they face—including deportation to violent, dangerous home country conditions. Under this important bill, judges and government attorneys will receive better training on how to work with children in court proceedings to ensure they get a fair day in court.”

Laurence Benenson, Vice President of Policy & Advocacy, National Immigration Forum said, “By safeguarding some of the world’s most vulnerable children, the Immigration Court Efficiency and Children's Court Act embodies the kind of meaningful solutions we need to live up to our nation’s core values of justice and fairness. Through commonsense reforms to bolster due process and protections for unaccompanied kids, this bipartisan bill in the House and Senate would go a long way toward restoring efficiency and humanity to our immigration courts.”

Mario Bruzzone, Senior Policy Advisor, Women’s Refugee Commission said, “How the United States treats and cares for vulnerable children defines who we are. Our current legal system fails to recognize that children seeking refuge in the United States are children, and that children have a right to appropriate procedures and trauma-informed practices. The Immigration Court Efficiency and Children’s Court Act is an important step towards ensuring that immigration court treats children fairly.”

Fran Eskin-Royer, Executive Director, National Advocacy Center of the Sisters of the Good Shepherd said, “The children. Remember the children. Children should not have to leave home. Children should not have to come to a foreign land. Children should not be forced to work. Children should not be trafficked. Children should not get lost in the system. But they do. The National Advocacy Center works to safeguard children and families and to stop human trafficking. The Sisters and NAC are delighted to support the introduction of the bipartisan Immigration Court Efficiency and Children’s Court Act of 2023 and to call for its passage. This bill would help break the link between human trafficking and forced migration by protecting unaccompanied children who are innocent and too often caught in the riptide of these two difficult issues. We are deeply grateful to Senators Bennet and Murkowski and Representatives Goldman, Salazar, Scholten, and Chavez-DeRemer for putting forward this bill for the children.”

Cecelia M. Espenoza, Former Appellate Immigration Judge said, “The most vulnerable people in immigration proceedings are unaccompanied children. The Immigration Court Efficiency and Children’s Court Act of 2023 not only improves the process for children, it also provides necessary support and guidance to the overburdened immigration court system to address the needs of these children.”

This legislation is supported by: Kids In Need of Defense (KIND), Round Table of Former Immigration Judges, New York Immigration Coalition, American Bar Association, National Immigration Forum, Women's Refugee Commission, American Immigration Lawyers Association (AILA), World Relief, National Advocacy Center of the Sisters of the Good Shepherd, Witness at the Border, Michigan Immigrant Rights Center, Church World Service, Americans for Immigrant justice, Tahirih Justice Center, The Door, Public Counsel, Catholic Charities of the Archdiocese of Washington, Alliance to End Human Trafficking, Lutheran Immigration and Refugee Service, Immigrant Families Together, Immigrant Children Advocates' Relief Effort (ICARE), Cleveland Jobs with Justice, Wind of the Spirit Immigrant Resource Center, Welcoming America, Safe Passage Project, Las Americas Immigrant Advocacy Center, Immigration Hub, Lutheran Social Services of the National Capital Area (LSSNCA), Save the Children, Unitarian Universalists for Social Justice, Young Center for Immigrant Children's Rights, Church World Service, Dorothy Day Catholic Worker House, Washington DC, The Advocates for Human Rights, National Education Association, Migration and Refugee Services - U.S. Conference of Catholic Bishops, Interfaith Welcome Coalition, Oxfam America, Catholic Legal Immigration Network, Inc., National Partnership for New Americans (NPNA), National Center for Youth Law, the Rocky Mountain Immigrant Advocacy Network, Third Way, the Hispanic Federation, the National Center for Youth Law, the National Immigrant Justice Center, the U.S. Committee for Refugees and Immigrants (USCRI), and FWD.us.

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