Loretta Lynch: Illegal immigrant toddlers shouldn’t have to represent themselves in court

Attorney General Loretta Lynch said she was puzzled by an immigration judge’s comments that children as young as 3 years old could be taught to represent themselves in immigration hearings.

Her comments came Wednesday during a Senate Judiciary Committee after a senator expressed bewilderment over the judge’s statements.

“I’ve never heard such a stupid, stupid, stupid thing from a judge or anyone else,” Sen. Patrick Leahy, Vermont Democrat, said Wednesday citing a report first published in The Washington Post.

According to the report, Jack H. Weil, an immigration judge responsible for training other judges, said during a deposition in federal court that he believed 3- and 4-year-olds could learn immigration law well enough to represent themselves in court.

“I’ve taught immigration law literally to 3-year-olds and 4-year-olds,” Judge Weil said, according to the report. “It takes a lot of time. It takes a lot of patience. They get it. It’s not the most efficient, but it can be done.”

Ms. Lynch was questioned about the Justice Department’s stance on whether individuals going through immigration and deportation hearings should be required to be appointed legal representation.

“I share with you your puzzlement over those statements,” Ms. Lynch said. “In no way does the Department of Justice feel that children of that age or frankly children who are older can or should represent themselves individually.”

Mr. Leahy questioned why the Justice Department does not require a lawyer to be appointed to represent every minor facing deportation hearings.

“While the current law does not provide the right to counsel, as a matter of policy we do feel that immigration proceedings for all applicants proceed much more smoothly when there is counsel appointed, particularly for unaccompanied children,” Ms. Lynch said.

She said the Justice Department does work with groups that provide pro bono representation and is currently looking to find ways to support appointment of legal representation.