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Beyer, Democratic Members of Congress Visit Arlington’s Immigration Court

Rep. Don Beyer (D-Va.) and some of his Democratic colleagues believe most children up for a hearing at Arlington’s immigration court are being treated fairly — but they worry that could soon change.

Beyer, House Minority Whip Steny Hoyer (D-Md.) and several other members of Congress sat in for some hearings at the federal immigration court in Crystal City today (Thursday), and broadly came away pleased with what they saw, despite the chaos surrounding the Trump administration’s recent practice of separating children from families at the Mexican border.

Yet Beyer and his fellow Democrats fear what might happen should leadership at the court change. They’ve heard rumors that Jack Weil, a longtime immigration judge at the Department of Justice, could soon start hearing cases in Arlington, and they’re disturbed by his history.

Weil attracted nationwide attention after testifying that he believes children as young as 3 years old can represent themselves in immigration proceedings. Though all of the kids the members of Congress saw Thursday had legal representation, the Democrats expressed disbelief that any judge would decide whether a toddler should be deported without a lawyer present.

“It’s really disturbing, especially because we understand [Weil] is training other judges,” Beyer told reporters. “Look at all the conversations we have about the poor decisions of our 20-year-olds… The thought that even a 12-year-old, 13-year-old can make good decisions in court is silly.”

Rep. Nanette Barragan (D-Calif.) noted that many of the cases the congressional delegation observed involved complex asylum applications, underscoring just how complicated an immigration hearing could be even for adults who speak English. She believes it would be “insane” to ask a child to attempt to navigate the process.

Rep. Norma Torres (D-Calif.) felt Arlington’s courthouse generally represented “the best process possible” for kids seeking asylum. But she added that even this court only had Spanish translation services available, when people coming from somewhere like Guatemala could speak one of the country’s other 22 languages instead.

Beyer said Congress should act to provide funding for lawyers for immigrant children, given that that nonprofits stepping up to help can only provide representation for a small fraction of kids making their way through the system. With President Trump tweeting that immigrants should be deported “with no judges or court cases,” the Democrats said they realized the odds were long, but said it would be worth the effort.

“We can do this if we have the will and compassion to do this,” Hoyer said. “This is America. We believe in due process.”

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