House Democrats introduced the Fair Day in Court for Kids Act of 2016 (H.R. 4646) that would grant illegal alien children coming across the border access to taxpayer-funded lawyers that they claim is their constitutional right.
"The provision of the Constitution requiring due process of law applies to everything," said Rep. Zoe Lofgren (D-Calif.), who introduced the legislation along with about 80 other Democrats. This bill is a companion to Senate Minority Leader Senator Harry Reid's bill (S.2540) that was introduced earlier this month.
Federal courts, however, have repeatedly ruled that since immigration hearings are civil cases the illegal alien children do not qualify for government-funded lawyers under the Constitution.
Border crossings by unaccompanied minors have doubled in fiscal year 2016 compared to the same time period in 2015, overwhelming the immigration courts, schools, hospitals and social services responsible for helping place and care for the unaccompanied children.
Many of these illegal alien children claim asylum, saying they face serious consequences if they are returned home. According to a report by the Migration Policy Institute only about one in six minors actually show up for their court hearings.
Reports from DHS have showed that the Obama administration's lax immigration enforcement policies have been a big incentive for unaccompanied minors to make the dangerous journey to cross the border.