Judge orders restoration of legal aid to unaccompanied migrant children
In February, the Department of the Interior informed the Acacia Center for Justice that 'the Government hereby directs your firm to stop all work associated with the scope of Contract 140D0422C0009,' which provides legal services for unaccompanied children through a network of contractor organizations.
Eleven subcontractor groups sued the Trump administration over the abrupt end to publicly funded representation for thousands of migrants under the age of 18.
The plaintiffs argued the move was a violation of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), which requires federal entities to prevent and combat the exploitation of unaccompanied children through affirmed legal representation to the 'greatest extent practicable.'
U.S. District Judge Araceli Martínez-Olguín of San Francisco upheld their grounds for objection to the order.
Martínez-Olguín, an appointee of former President Biden, wrote that 'Defendants' termination of funding for direct legal representation directly interferes with Plaintiffs' missions, impeding their ability to provide the direct legal representation of unaccompanied children in immigration proceedings that is fundamental to Plaintiffs' core activities.'
'The irreparable harm resulting from Defendants' actions weighs in favor of temporary injunctive relief.'
She rejected the Department of Health and Human Services's argument that it would suffer harm if compelled to spend congressionally appropriated funds for unaccompanied children in immigration proceedings.
'Not so. Terminating funding for direct legal representation for unaccompanied children, without any plan to ensure continuity in representation, potentially violates Congress's express directive in the TVRPA and ORR's [Office of Refugee Resettlement] own commitments in the Foundational Rule. Moreover, courts regularly find that '[t]here is generally no public interest in the perpetuation of unlawful agency action.''
More than 100,000 people across the country have submitted letters to Congress, through Action Network, urging the restoration of legal protections for unaccompanied minors.
'Children who arrive in the U.S. unaccompanied by parents or legal guardians have often survived targeted violence, abuse, persecution, or trafficking. Legal providers working with these children provide a critical safeguard in protecting them from further harm or exploitation,' the Acacia Center for Justice said in a statement.
'Particularly at a time when the administration is expediting removal proceedings that force people through our nation's deportation system at an alarming rate, legal services for vulnerable children are more crucial than ever.'
The Department of Health and Human Services did not immediately respond to The Hill's request for comment.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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