Undocumented children are not entitled to counsel in asylum proceedings.

Posted by Raging Moderates with Scott Galloway and Jessica Tarlov, Sep 30, 2026Checked Nov 2, 2026

Polygraph verdictMixed

Sources: 2 contradict2 support3 context
Said: 1 time·
Confidence: 60%

Raging Moderates with Scott Galloway and Jessica TarlovSep 30, 2026

Sources support that unaccompanied children in immigration and asylum proceedings have no right to government-appointed counsel, but they also show a statutory duty to ensure access to counsel 'to the greatest extent practicable' and a right to counsel at the child's own expense, so the flat claim is contested.

A guest makes this claim. Listeners heard it, so it counts against the post, and on the guest's own record.

This claim is about the present, so it is judged as of the day it was checked.

What was said

… This organization provides the lawyers. The lawyers sit in the courtroom. Oftentimes, they don't show up in the courtroom, and, um, they don't really do much for the kids. The kids also don't necessarily have a right to counsel in all of these asylum proceedings. You're not entitled to counsel always. It's a very difficult situation, given the fact that these aren't criminal proceedings. If they were charged with a crime, they'd be entitled to counsel, but because it's an asylum hearing, it's a little different. What happens to the kids? …

Raging Moderates with Scott Galloway and Jessica Tarlov · Sep 30, 2026· from the transcriptPost →

What we found

Contradicts. The TVPRA requires HHS to ensure, to the greatest extent practicable, that unaccompanied children have access to counsel in their immigration proceedings, and CRS states UACs in formal removal proceedings are required to be provided access to counsel to the extent practicable.[3][6]

Supports. Snopes reports that children in immigration court, including asylum cases, are not entitled to court-appointed attorneys, and that this constitutional guarantee does not extend to immigration courts.[1]

Supports. A Cornell law review article states that children seeking asylum are neither appointed legal counsel nor provided special protections while their claims are adjudicated.[4]

Context. Federal rules require ORR to give unaccompanied children a list of pro bono counsel and reasonable help engaging an attorney at no cost to the government, and CRS notes aliens in removal proceedings have the privilege of counsel at no government expense.[3][5]

Context. Reporting on the 2026 HHS announcement of government lawyers for unaccompanied children post-dates the claim, and a 2026 report describes immigration judges giving children little time to find attorneys.[2][7]