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Trump administration halts legal support for 26,000 unaccompanied children in immigration court

February 20, 2025

Children so young their feet can’t touch the floor when they sit in courtroom chairs have been left without representation in immigration court because of Trump administration cuts, according to organizations that help these kids navigate the legal system when they arrive in the U.S. without a parent or guardian.

The organizations say the children are at risk because the Trump administration suspended a key program late Tuesday, ordering that the Acacia Center for Justice and its subcontractors immediately stop work on a $200 million contract to provide representation for children entering the country alone.

Daniela Hernandez, an immigration attorney who provides free legal services to about 60 children in Pasadena, said during a news conference Wednesday that some of her clients — who are as young as 2 — have court hearings as soon as Friday.

“What is this 2-year-old client supposed to do without her attorney?” she said. “Who will speak for her in court? Who will explain to her and all of our other clients in foster care who have not only nobody, no adult in the United States to care for them, that they will now have to navigate a very complex legal immigration system on their own?”

The Interior Department gave no explanation for the stop-work order, telling the group only that it was done for “causes outside of your control” and should not be interpreted as a judgment of poor performance. The halt remains in effect until further notice.

In a statement Wednesday, the department said it has agreements to support other agencies but does not fund or operate the program and couldn’t answer questions about it. The Department of Health and Human Services Department, which oversees unaccompanied migrant children, did not respond to requests for comment.

At a San Diego immigration court Wednesday, a 5-year-old girl from Mexico facing deportation sat before Judge Olga Attia. Attia asked if the girl could have some coloring books — “that may be a little more fun,” she told her.

As the girl drew, the judge explained the case to her, her 13-year-old sister and her 15-year-old brother. All three children were arrested for crossing the border illegally, without their parents, in March 2024. Their mother attended the hearing — she entered the U.S. at a different time than her children, who have their own immigration cases.

And they were navigating it all without a lawyer.

The mother said they couldn’t afford one. Attia recommended a nonprofit that might give guidance and scheduled another hearing in May.

But with the contract that was ended Tuesday, options for affordable legal guidance are narrowing for this family and thousands of others involving unaccompanied children.

Acacia has a network of 85 organizations nationwide that work with children under 18. About 26,000 migrant children get direct legal representation under the contract while roughly 100,000 get some kind of legal advice, often through presentations lawyers hold for children while they are in government-run shelters just after arriving in the U.S.

People fighting deportation do not have the same right to representation as people going through criminal courts, although they can hire private attorneys.

But there has been some recognition that children navigating the immigration court system without a parent or guardian are especially vulnerable.

The Trafficking Victims Protection Act of 2008 created special protections for children who arrive in the U.S. without a parent or a legal guardian. It said the government should facilitate legal representation for the children put into deportation proceedings, though it did not mandate every child have a lawyer.

Acacia and its subcontractors recruit and train lawyers and work with private attorneys who provide free legal representation for the children.

Unaccompanied children can request asylum, juvenile immigration status, or visas for victims of sexual exploitation. Most of the children don’t speak English and need interpreters.

“You have these kids who are thrust into this adult-like situation with very severe consequences,” said Jennifer Podkul, vice president for policy and advocacy at Kids In Need of Defense, citing that about 50% of children have legal representation in immigration court.

Children will be stuck in the system or off the grid, and cases won’t be processed, attorneys and experts said.

Melissa L. Lopez is executive director of a group that receives funding through the program that was suspended, and she said they have a legal and ethical obligation to continue helping the estimated 2,000 children they represent.

“We will do what is best for our clients,” said Lopez, of El Paso, Texas-based Estrella del Paso. The group also gives legal presentations in shelters so children know their rights, but they’ve been barred from doing that, she said.

“They will be expected to go to court alone and uninformed,” she said.

Acacia sys it runs the legal aid program through a network of 85 organizations nationwide that represent children under 18, like Immigrant Defenders in Los Angeles, a nonprofit organization providing legal services to immigrants in Southern California. Immigrant Defenders, or ImmDef, represents over 2,000 unaccompanied children across Southern California with legal services, according to Renee Garcia, ImmDef’s communications director.

The stop work order will mean children, some as young as toddlers who are barely learning to talk, will be expected to show up to immigration court to represent themselves against an attorney with ICE, according to Garcia. “It poses extreme due process rights issues for kids,” she said.

“Just imagine yourself as a child, you know, I think if you can do anything to humanize the scenario because people may not understand like, okay, so they don’t have an attorney so what? Like it literally means that nobody is in their is in their side fighting for their right to safety.”

The legal services provided to immigrant children in government custody by organizations across the country like ImmDef range from know your rights presentations, legal screenings, court preparation orientations, and pro bono legal representation.

Despite the stop work order, ImmDef attorneys are prepared to continue representing their clients at their own expense because of “ethical obligations”, according to Garcia, though ImmDef isn’t sure how long that’ll last.

“These are kids who are terrified because they’re alone… some of them walked hundreds of miles to come to the United States asking for help because there was simply no safety in their home country. Some of them came to reunite with family here. Some of them don’t have family,” Garcia said.

“For the ones that don’t have family, the government basically is their only hope for somebody to take care of them. And right now the government has chosen to turn its back on them for political purposes.”

People fihting deportation may hire attorneys at their own expense, but the government does not provide them. Groups that rely on federal support to represent children said the most vulnerable would suffer most under the decision to halt work on the $200 million contract.

“Expecting a child to represent themself in immigration court absurd and deeply unjust,” said Christine Lin, director of training and technical assistance at the Center for Gender & Refugee Studies.

Orange County Register

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Trump administration halts legal support for 26,000 unaccompanied children in immigration court

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