3.21 - Juveniles

(a) Scheduling – Immigration courts do their best to schedule cases involving unaccompanied juveniles on a separate docket or at a fixed time in the week or month, separate and apart from adult cases.

(b) Representation – An Immigration Judge cannot appoint a practitioner or a guardian ad litem for unaccompanied juveniles.  However, the Executive Office for Immigration Review encourages the use of pro bono legal resources for unaccompanied juveniles.  For further information, see Part I, Chapter 2.3 (Pro Bono Representation).   

(c)  Courtroom Orientation – Juveniles are encouraged, under the supervision of court personnel, to explore an empty courtroom, sit in all locations, and practice answering simple questions before the hearing.  

(d) Courtroom Modifications – Immigration Judges may make reasonable modifications for juveniles.  These may include allowing juveniles to bring pillows, or toys, permitting juveniles to sit with an adult companion, and permitting juveniles to testify outside the witness stand next to a trusted adult or friend.

(e) Detained Juveniles – For additional provisions regarding detained juveniles, see Chapter 8.2 (Detained Juveniles).