This comment will argue that unaccompanied alien children have a due process right to appointed counsel at the government’s expense. These children make up a vulnerable class, confront a complex adversarial system, and are at severe risk for the deprivation of liberty. For these reasons, this right is necessary to maintain the fundamental fairness of trial. Part II of this comment will discuss the history behind the migration of immigrant children and the rights they currently have. Part II will begin by discussing the history of immigration reform, will then discuss the challenges and issues arising from the influx of unaccompanied alien children, and the solutions already in place which have been ignored. Part II will continue with a discussion of the journey faced by unaccompanied alien children, a brief history of the lack of right to counsel in the immigration system, and finally the most recent obstacle confronting these children, “rocket dockets.” Part III will argue that unaccompanied alien children should have a due process right to counsel in order to maintain the fundamental fairness of trial because: (1) unaccompanied alien children are a vulnerable class, (2) they confront a complex adversarial system difficult to navigate independently, and (3) have a severe risk of the deprivation of liberty. Part IV will conclude that unaccompanied alien children have a due process right to appointed counsel at the government’s expense.
