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Former judges challenge official who said 3-year-olds can represent selves in immigration court

March 15, 2016 (1 min read)

Jerry Markon, Washington Post, Mar. 15, 2016- "Three former federal immigration judges are publicly challenging a senior Justice Department official who argued that 3- and 4-year-olds can learn immigration law well enough to represent themselves in court.

“A typical three-year-old cannot tie her shoes, count to 100, peel a banana, or be trusted not to swallow marbles,’’ the former judges wrote in a brief filed late Monday in the U.S. Court of Appeals for the 9th Circuit. The court is hearing an appeal stemming from a federal court case in Seattle regarding whether immigrant children — thousands of whom are forced to defend themselves each year in immigration court — are entitled to taxpayer-funded attorneys.

It was in the Seattle case that Jack H. Weil, a longtime immigration judge who is responsible for training other judges, made his unconventional assertions about children. “I’ve taught immigration law literally to 3-year-olds and 4-year-olds,” Weil said in a deposition. “It takes a lot of time. It takes a lot of patience. They get it. It’s not the most efficient, but it can be done.” He then repeated his claim twice during the deposition."

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