Salazar Joins Legislation to Protect Migrant Children, Address Immigration Court Backlog

WASHINGTON, D.C. — Rep. María Elvira Salazar (R-FL) joined Senators Michael Bennet (D-CO) and Lisa Murkowski (R-AK) and Reps. Dan Goldman (D-NY), Hillary Scholten (D-MI), and Lori Chavez-DeRemer (R-OR) to introduce legislation to combat the immigration court backlog and strengthen due process rights for unaccompanied migrant children.

The Immigration Court Efficiency and Children’s Court Act (H.R. 6145) 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. 

“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 cases for these children in the United States.

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 41 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.

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