ABA Journal

Help in KIND: Group Guides Pro Bono Attorneys Serving Unaccompanied Child Immigrants

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Alexander with lawyer Alexandra Hess. Photos by Mary Noble Ours.

On an unusually warm March evening, “Alexander,” with lawyer Alexandra B. Hess by his side, talks about his journey through life so far. Less than two years ago and then 16, Alexander was hiding in the waters of the Rio Grande hoping the U.S. Border Patrol did not see him.

He had been traveling by boat with a group of illegal immigrants trying to cross from Mexico to Texas. But hearing the noise of another boat following them, the driver suddenly ordered his passengers into the water near the shoreline. The driver told them to hide and sped off, promising to return when it was safe. For two hours Alexander stayed submerged, with just his mouth exposed to breathe.

“I was terrified,” says Alexander, who prefers not to use his real name while his immigration status is being processed. “It was dark and the water was a little cold.”

On that summer night, Alexander—a native of El Salvador—did not make it to Texas. The boat driver eventually returned and took the group back to Mexico.

In an attempt less than a month later, he made it across, only to be caught and detained on U.S. soil. Alexander was held for almost a month before being released to a family friend in Virginia.

On this night, Alexander seems at times pensive and worn. And then he smiles and reveals the complexity of a teenager—impish yet reticent, no longer a boy, not quite a man.

His smile also reveals something new for him—hope. He smiled jubilantly upon learning that Hess had just received his work permit. That permit is an important but intermediary benchmark in applying for legal permanent status in the U.S., Hess says.

“This makes me feel very happy. I can fill out all the applications now,” says Alexander. “I’m one step closer to working.”

And thanks to Kids In Need of Defense, Alexander has a lawyer with him as he fights his way through the immigration process. Hess, an associate at Hughes Hubbard & Reed in Washington, D.C., is representing Alexander pro bono with guidance and assistance from a KIND case manager.

Alexander is one of thousands of foreigners who enter the United States as unaccompanied children. So long as U.S. immigration policy is trapped in a political debate, these children remain stuck in an immigration system that is almost impossible for them to navigate, advocates say. KIND and other organizations are working to ensure that an increasing number of these children get pro bono legal counsel.

Click here to read the rest of “Help in KIND” from the June issue of the ABA Journal.

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