City University of New York (CUNY)City University of New York (CUNY)CUNY Academic WorksCUNY Academic WorksDissertations, Theses, and Capstone ProjectsCUNY Graduate Center5-2018Due Process and the Right to Legal Counsel for UnaccompaniedDue Process and the Right to Legal Counsel for UnaccompaniedMinorsMinorsMarielos G. RamosThe Graduate Center, City University of New YorkHow does access to this work benefit you? Let us know!More information about this work at:Discover additional works at:This work is made publicly available by the City University of New York (CUNY).Contact:[email protected]
DUE PROCESS AND THE RIGHT TO LEGAL COUNSEL FORUNACCOMPANIED MINORSbyMARIELOS RAMOSA master’s thesis submitted to the Graduate Faculty in Liberal Studies in partial fulfillment ofthe requirements for the degree of Master of Arts, The City University of New York2018
ii© 2018MARIELOS RAMOSAll Rights Reserved
iiiDue Process and the Right to Legal Counselfor Unaccompanied MinorsbyMarielos RamosThis manuscript has been read and accepted for the Graduate Faculty in LiberalStudies in satisfaction of the thesis requirement for the degree of Master of Arts.DateMonica VarsanyiThesis AdvisorDateElizabeth Macaulay-LewisExecutive OfficerTHE CITY UNIVERSITY OF NEW YORK
ivABSTRACTDue Process and the Right to Legal Counsel for Unaccompanied MinorsbyMarielos RamosAdvisor: Monica VarsanyiUnaccompanied minors arriving to the United States fleeing violence and seekingprotection are apprehended, detained in facilities, and placed in removal proceedings in accordancewith U.S. immigration laws. Like adults, these children have to appear in immigration court to fightdeportation and must apply for any form of legal relief for which they may be eligible. However,removal proceedings work as a civil and not a criminal process, and immigration laws haveestablished that while noncitizens have the right to an attorney, they are not entitled to legalcounsel at the government’s expense. This thesis examines how the denial of governmentappointed legal counsel in removal proceedings violates the rights and due process of theseunaccompanied minors.By exploring how language barriers, past trauma, socioeconomic factors, and lack of formaleducation makes it difficult for unaccompanied minors to navigate the immigration system, thispaper argues that the government should recognize that undocumented children lack thecompetency and maturity to represent themselves and to fight deportation on their own. Moreover,through analysis of immigration policies and practices, this paper will demonstrate that making thecurrent system child-friendly, along with guaranteeing government-funded access to counsel, willensure that the best interests of unaccompanied minors are considered and their constitutional andhuman rights are protected. Finally, by comparing international standards and laws governingchildren's rights, this paper will emphasize that the United States government has to grantunaccompanied children the right to obtain legal representation at the government’s expense whenthey are facing deportation.
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