Thousands of Unaccompanied Migrant Children Face Loss of Legal Aid
Cyberzenhub.com – Thousands of unaccompanied migrant children could lose legal representation as soon as Friday when the federal government contract for nonprofit groups expires, according to advocates and immigration lawyers speaking with ABC News. The deadline arrives as legal providers claim the administration withheld $65 million in overdue fees, alleging the move aims to force them to share confidential information about the minors they represent.
In December 2023, the Acacia Center for Justice became the prime contract holder with the U.S. Department of Health and Human Services for the Unaccompanied Children Program. The organization oversees subcontracts with more than 100 service providers that deliver legal representation to over 20,000 unaccompanied migrant minors across the country.
Legal Battle Over Withheld Payments
Related DHS agents have visited offices of several legal aid organizations that assist unaccompanied migrant children, groups report. During the Trump administration, Acacia and many of its subcontracted groups alleged that unaccompanied minors and their sponsors are among those being targeted under the government’s immigration crackdown. In June, DHS agents visited the offices of several Washington, D.C.-area nonprofit groups providing legal services to unaccompanied migrant children.
Last year, ABC News reported that the administration was directing immigration agents to track down unaccompanied migrant children in the U.S.
A group of legal service providers filed an emergency motion last week in federal court to require the government “to comply with its obligations and resume unlawfully withheld payment for legal services required for unaccompanied children.” The groups warned that “Plaintiff organizations are already beginning furloughs and a fragile network of legal services organizations dedicated to serving unaccompanied children is on the brink of collapse.” They noted this situation prevents them from taking on new representations, impeding them from retaining highly experienced staff and institutional memory, and even causing many children to lose their lawyers.
In court filings, the legal services providers said that ORR is demanding “client-level data that is confidential and legally privileged.” Jennifer Podkul, the Chief of Global Policy and Advocacy for Kids in Need of Defense, one of the legal providers, said the organization is owed more than $25 million by the government. Podkul told ABC News that the group has burned through its reserves and is now preparing staff cuts, forcing them to decide which cases they can keep.
“This contract ends on July 31… what if your client has an emergency on Saturday?” Podkul said. “What if they have an asylum hearing Monday morning? What do we do? Are we allowed to get into the facility and meet with our clients?”
According to court documents, Estrella del Paso, a legal service provider in Texas, said the organization faces closure after 40 years, having not been reimbursed for up to $765,000 in federal payments for services already provided. The group said it has been unable to hire attorneys and was forced to stop offering representation to new unaccompanied minor clients.
What Happens Without Legal Counsel
“We have spent 20 years building this institutional knowledge that we are going to lose on Friday,” the group said in a statement. “There is no replacing the organizations providing these services. We know what happens to children that go to court without an attorney. In one word, it is deportation. The government is trying to eliminate our work and this program because they know that without attorneys, children will be deported.”
Frequently Asked Questions
Why are legal providers losing funding?
The federal government contract for nonprofit groups representing unaccompanied migrant children expires on July 31. Legal providers claim the administration withheld $65 million in overdue fees, alleging it is an attempt to force them to turn over confidential information about the migrant children they represent.
How many children are affected?
Over 20,000 unaccompanied migrant minors receive legal representation through the program overseen by Acacia Center for Justice, which became the prime contract holder in December 2023.
What is the government demanding?
The Office of Refugee Resettlement (ORR) is demanding client-level data that legal providers consider confidential and legally privileged. ORR offered Acacia a new federal contract based on requirements that include providing data on who they represent and billing HHS when submitting applications for immigration relief.
What happens if children lose their lawyers?
Without legal representation, unaccompanied migrant children face deportation. Legal providers warn that the government is trying to eliminate their work because they know that without attorneys, children will be deported.
