Right to counsel
8 USC 1232(a)(5)(D)(iii) of the Immigration and Nationality Act states that in immigration proceedings for removal of unaccompanied children, the child shall be “provided access to counsel in accordance with subsection (c)(5).” Subsection (c)(5) in turn states:
The Secretary of Health and Human Services shall ensure, to the greatest extent practicable and consistent with section 292 of the Immigration and Nationality Act (8 U.S.C. 1362), that all unaccompanied alien children who are or have been in the custody of the Secretary or the Secretary of Homeland Security, and who are not described in subsection (a)(2)(A), have counsel to represent them in legal proceedings or matters and protect them from mistreatment, exploitation, and trafficking. To the greatest extent practicable, the Secretary of Health and Human Services shall make every effort to utilize the services of pro bono counsel who agree to provide representation to such children without charge.
