A day in S.F. court with undocumented kids flooding the system From babies to teenagers, Latin American migrants begin long legal odyssey

Eduardo Morales, 17, an unaccompanied minor from El Salvador, waits for his immigration court hearing with his cousin's wife, Jessica Martinez (left), and cousin Angely Garcia, 6, in San Francisco on Tuesday. Eduardo Morales, 17, an unaccompanied minor from El Salvador, waits for his immigration court hearing with his cousin's wife, Jessica Martinez (left), and cousin Angely Garcia, 6, in San Francisco on Tuesday. Photo: Scott Strazzante, The Chronicle Buy photo Photo: Scott Strazzante, The Chronicle Image 1 of / 19 Caption Close A day in S.F. court with undocumented kids flooding the system 1 / 19 Back to Gallery

The two teenage boys, Marlon and Jose, sat in the San Francisco courtroom with their hands in their laps, their hair combed and their button-up plaid shirts a little wrinkled.

The cousins said they were scared and nervous. That admission was unnecessary: Their forced smiles showed their fear.

It was their first appearance in U.S. Immigration Court since they arrived at the Rio Grande on May 17 with a human smuggler: a coyote paid $10,000 for each boy delivered to the border.

The two are among thousands of undocumented children being pushed to the front of the legal line and flooding immigration courtrooms across the country. The sheer number of children is fueling already heated political debates over immigration and creating a judicial backlog so large that hearings in adult cases are being pushed back as far as 2018.

Inside this courtroom, none of that matters.

What's important here are the hundreds of Marlons and Joses, one after the other, hour after hour, day after day. It's the beginning of their legal bid to stay in the United States and leave behind the violence from which many of them fled in Central America.

"People are incredibly moved when they are in there and seeing it happen in real time," said San Francisco Immigration Judge Dana Leigh Marks, speaking as head of the National Association of Immigration Judges. "It is very emotional."

Just a bit after 1 p.m., Judge Stephen Griswold entered Courtroom 4 and sat down. He wouldn't get up for more than three hours.

3-year-old girl

He called his first case, that of a 3-year-old Honduran girl named Ashley. She had traveled with a coyote, crossed the border into Texas with her teenage cousin in November and was reunited with her mother in California after spending days in an immigration detention facility.

The family didn't have an attorney, so on-call, pro bono lawyer Amy Hayden stepped in.

Griswold confirmed Ashley's name, her mother's name, dates of birth, current address, whether she had an official Notice to Appear form. Then, through a Spanish interpreter, he advised the mother to try to find an attorney before their next hearing date.

"Adjourned," the judge said.

And then the next case was called, this time a teen, Oscar, 17. He didn't have a lawyer either, and a pro bono attorney represented him for the proceeding, as the judge confirmed his name, address, his Notice to Appear and told him to get an attorney and return Oct. 30.

"Adjourned," the judge said.

Case after case, on and on.

On Mondays and Thursdays, a San Francisco courtroom is set aside for families with children. On Tuesdays and Wednesdays, the docket is for unaccompanied minors, kids who typically traveled with a coyote. The journey from Central America takes about a month.

'Rocket dockets'

They're called "rocket dockets" - for children who have just arrived in the country and get pushed to the head of the line so their legal odyssey may begin. Their first court hearing is often within just a few weeks of arriving.

Griswold had just over a dozen cases involving unaccompanied minors on his docket Tuesday. Some days there are more.

The children were all from Honduras, Guatemala or El Salvador, save one from Romania.

That fits with the national statistics: 57,000 children have been detained at the U.S.-Mexico border since October. Most are being placed in California, Texas, Florida and New York.

4,100 pending cases

In San Francisco, there are about 4,100 child-immigration cases pending.

Often, little is accomplished at the first hearing; the children are told to return in about two months, enough time for a lawyer to be found.

"Even attorneys who are willing to take these cases at reasonable fees are overwhelmed," Marks said.

Griswold's courtroom has three rows of wood benches and two tables for lawyers. The judge sits on a dais with a clerk and an interpreter. There is no jury box and no armed deputy.

The children in Courtroom 4 on Tuesday afternoon included a baby, toddlers, a 10-year-old and teens.

Marlon and Jose, who came to court with their older brothers, took their turn about 2:30. They had an attorney, as did one other child that afternoon. On-call, pro bono lawyers represented the rest.

'The Beast'

Their attorney, Alex Hennessy, rode with them on the train from Sunnyvale for the hearing. They rode inside the train, quite different from riding on top of a train they call "the Beast," for a month to get here.

Eventually, the pair will have the choice of applying for asylum, which requires proof of a well-founded fear of persecution, or special immigration juvenile status, which requires proof of abuse, abandonment or neglect and that it would be in the child's best interest to remain in the United States. Special visas, for victims of child trafficking for example, are more rarely used.

In years past, processing such cases has taken 18 months to five years.

When the process is over, they're told if they may stay.

Those denied entry typically receive a letter to report for deportation. If they don't, it's up to Immigration and Customs Enforcement to find them and make them leave.

There are an estimated 500,000 immigration fugitives, adult and children, in the United States. In 2013, 2,742 were found within the country - more were found recrossing the border - and deported, according to the Department of Homeland Security. Enforcement focuses primarily on "criminal aliens."

Marlon and Jose, for whom the legal process is just starting, looked at the judge anxiously. And then - in seven minutes - it was over, their addresses and identities confirmed, their Notice to Appear paperwork completed.

Seven minutes

Why did they risk the monthlong journey, why did they flee their home country, why did their family spend $20,000 to get them here? All that would be included later in the legal process.

Still, seven minutes? The cousins looked confused.

"That's it?" they asked as they headed to the exit, real smiles spreading across their faces.

Yes, their lawyer said. For now.

They're scheduled to be back Oct. 30.