08/25/2026
Should a 1-year-old ever have to face immigration court without a lawyer? 🥲
A 1-year-old child appeared before an Arizona immigration judge without an attorney last week and was told an asylum application needed to be filed before the next hearing or the child could potentially face deportation.
Yes, a 1-year-old.
The August 18 hearing was witnessed by representatives of the Florence Immigrant & Refugee Rights Project, which provides legal assistance to immigrant children in Arizona.
The case quickly raised concerns because a baby obviously cannot understand immigration law, complete an asylum application or explain why returning to another country could potentially put them in danger.
One advocate called it “facially absurd to ask an unrepresented baby to do anything,” especially when failing to meet immigration requirements could carry such serious consequences.
So how is something like this possible?
Unlike criminal court, immigration court is a civil system. People facing deportation can hire an attorney, but they generally are not guaranteed a government-appointed lawyer if they cannot afford one — and that can include children.
For years, federally funded legal programs have helped provide attorneys for unaccompanied migrant children. Recent changes involving those contracts, however, have led to a major dispute between the federal government and immigration legal organizations. Advocates argue that some children are now showing up to court without representation.
The government says legal services remain available and that children’s cases are evaluated individually. Advocates argue that the appearance of a 1-year-old without an attorney shows some children are still falling through the cracks.