Judge Schedules 90 Child Deportation Hearings in Two Days

Immigration Judge Susanna Martinez, a Texas-based magistrate, appeared via WebEx on Thursday to preside over a two-day session in Chicago Immigration Court. The docket includes roughly 100 unaccompanied immigrant children, with the youngest being four years old. The hearings were scheduled to conclude by Friday, though the court did not finish the Thursday list.

Laura Smith, executive director of the Chicago-based Children's Legal Center, stated that her organization had 45 cases on the Thursday docket and another 45 for Friday. Smith noted that she has never seen cases move through immigration court with such speed. The attorneys argued that the government is attempting to fast-track deportations. All clients in the center's cases qualify for Special Immigrant Juvenile Status, a congressional protection for children who arrived alone and were abused, abandoned, or neglected. These children currently reside in Illinois, Wisconsin, and Indiana.

The cases were added to the calendar one week prior, giving legal teams only eight days to prepare for 90 distinct matters. Smith described the timeline as a violation of due process and called the strain on the staff inhumane. She explained that the team had to contact 90 families, arrange transportation, and pull children out of school to review their immigration relief status. Brigitte Kocheny, a supervising attorney with the center, agreed, stating she had never had cases move this quickly in the system.

In one case, a 15-year-old boy from El Salvador, referred to as Danny, was told by Judge Martinez that she would send him back to Mexico. The judge also offered him the option of voluntary departure. Smith, who represents Danny, said she plans to appeal the decision. She noted that the boy came to the United States five years ago and has no safe guardian to return to because his father is deceased.

Smith observed that children face pressure to accept voluntary departure, describing the dynamic as coercive because they do not fully understand the legal system. She recounted that many children in the courtroom were terrified, sitting frozen in their chairs while attorneys passed out Halloween candy and fidget toys to help calm them. In one instance, a child missed her hearing because attorneys could not reach her in time, prompting the judge to reschedule the matter for the following week. In another case, attorneys said the Department of Homeland Security mailed the notice to appear to a previous address despite having been given an update.

Legal counsel for the U.S. Department of Homeland Security appeared virtually during the proceedings. NBC 5 Investigates contacted DHS, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection regarding the timing and the attorneys' concerns, but did not receive a response. The attorneys maintain that the children are eligible for relief and the right to seek permanent residency, but current policies are sending them back to potentially dangerous situations.