The United States is facing a crisis of legal representation for immigrants that affects one of the most vulnerable groups: children migrating alone or without an adult legal guardian. Although the U.S. immigration court system recognizes the right to counsel, there is no right to a court-appointed attorney for those who cannot pay for one—even for children. This reality leaves many young migrants navigating complex and high-stakes legal proceedings alone and unsupported.
Between FY 2005 and FY 2017, only 64% of unaccompanied children in immigration proceedings had legal counsel, according to the Vera Institute of Justice. Since 2017, this representation rate has continued to decline, with the most recent data from 2024 showing that only 57% of children with pending cases have legal representation. The consequences of these gaps in legal defense are severe and far-reaching. Without an attorney, children who may already be struggling with the trauma of migration and separation from their loved ones face even more significant difficulties in obtaining justice and protection.
Beyond “Legal Deserts”: The Crucial Role of Time in Representation
Much has been said about “legal deserts”—areas where there is a critical shortage of attorneys. However, access to legal services is not just a matter of geography and human resources; it is also deeply tied to the concept of time. In the U.S. immigration system, time is a double-edged sword, especially for children. It can be a lifeline, allowing for the development of trust between a client and advocate, and the preparation of a well-researched case. Time can also be a weapon, used by the system to rush decisions or prolong uncertainty.
Children migrating alone face unique time-related pressures. For one, they risk aging out of eligibility for protections specifically designed for minors, such as Special Immigrant Juvenile Status (SIJS). Building trust with sponsors and legal advocates, addressing trauma, and ensuring their mental health and well-being all require ample time—time that is rarely available. Meanwhile, state institutions often set unpredictable and inflexible legal timelines, further complicating the delivery of trauma-informed, culturally sensitive, and zealous representation.
Temporal Legal Violence and the Weaponization of Time
The erratic tempo of the U.S. immigration court system compounds these challenges. Cases may be rushed—leaving legal teams scrambling or delayed for months—deepening children’s emotional distress. Scholars like Cecilia Menjívar and Leisy Abrego describe how American immigration law itself perpetuates harm and inequality among immigrants, while anthropologist Melanie Griffiths argues that making immigrants wait is a form of bureaucratic domination, something akin to what sociologist Catherine L. Crooke calls temporal violence. If legal violence refers to how laws and legal processes create and sustain systems of oppression, then temporal violence operates within this framework by using time-related legal mechanisms—such as expedited proceedings, delays, deadlines, and waiting periods—to impose suffering and restrict access to justice.
Exploring the Role of Time in the Representation of Unaccompanied Children
The Acacia Center for Justice, in collaboration with the Cisneros Hispanic Leadership Institute and the Im/migrant Well-Being Scholar Collaborative, explores these dynamics in a new publication. To better understand the profound role that time plays in the immigration process, both as a necessary resource and as an instrument of state power, be sure to read “Caught in the Clock: Time and Justice in Immigration Cases of Unaccompanied Children!”