Latest news with #TraffickingVictimsProtectionReauthorizationActof2008
CNN
17-04-2025
- Politics
- CNN
‘Railroad kids through the system': Immigration court's youngest left to their own devices
Every week, Evelyn Flores travels to government shelters in the Washington, DC, region for story time with migrant children, telling the tale of a cartoon cat learning to navigate a confusing immigration system with the help of his superhero lawyer. 'They don't know what is an attorney, they don't know what is a judge, they are very little,' said Flores, managing paralegal for the children's program at Amica Center for Immigrant Rights. 'We try our best to explain, but it's so difficult.' Now, these teachable moments may become even more critical if children are forced to face the courtroom alone, without a lawyer. Amid public outrage over due process afforded to immigrants, or the lack thereof, it's some of the youngest in the immigration court system who may be among those hit the hardest by the Trump administration crackdown and funding cutbacks. The administration decided in March to terminate a federal contract with Acacia Center for Justice, which manages a network of legal service organizations representing around 26,000 unaccompanied children – some who are infants and too young to speak – in the United States. 'This decision was made without any plan in place to address the 26,000 children with open cases that the government encouraged our network to take on. As a result, these children are now unable to meaningfully participate in their cases and are left in the lurch,' said Shaina Aber, executive director of Acacia Center for Justice. In just the span of a few weeks, the move has resulted in sweeping staff layoffs and a disruption in legal services that could lead to attorneys withdrawing from cases. 'The federal support is everything,' said Wendy Young, president of Kids in Need of Defense. 'We would probably see more like 90 percent of these kids going through proceedings without counsel.' At the same time, migrant children are being placed on expedited court dockets as part of efforts to speed up deportations, significantly cutting the time they have to collect evidence and present their case before an immigration judge. 'This is a process that will just railroad kids through the system,' Young said. 'They'll receive an order to be deported from the United States without any access to due process or fundamental fairness.' Under US law, immigrants don't have a right to counsel at the government's expense, not even children, leaving them to depend on volunteer lawyers or nongovernmental organizations. The Trafficking Victims Protection Reauthorization Act of 2008 created special protections for migrant children, including ensuring 'to the greatest extent practicable' that they have counsel to represent them. The Trump administration has argued in court filings that the federal government has discretion in how it distributes federal funds. 'Although, the money was authorized by Congress, Congress never mandated its spending,' it wrote. A federal judge has since ordered the administration to temporarily restore funding, but to date, that hasn't happened, according to recipients of those funds. The Trump administration has said thousands of migrant children who are seeking asylum or other legal status are unaccounted for and is trying to track them down. 'President Trump's committed to doing everything he can to find these kids, but I'm going to admit to you right now that's the toughest job of the three things he wants me to do. That's the toughest part of it,' White House border czar Tom Homan told a special joint session of the Arizona legislature this month. Experts argue that cutting federal funds for key services runs counter to that effort, taking away the people who are helping them through the immigration system, and that includes reporting to the government. Flores tells the story of the cartoon cat, known as Fulanito to children 12 years old and under. Fulanito, in Flores' story time, crosses into the United States and eventually goes before an immigration judge, and his attorney helps him secure immigration relief. For teenagers, the group describes the immigration court process through a soccer analogy. Organizations who work with migrant children often have to be creative to get them to open up. Staffers use coloring books, fidget toys and stress balls. 'We'll often color with children. We'll pull out a page for ourselves and color while we speak with them. It's hard to talk about heavy things while you're just staring at each other in the face,' said Scott Bassett, managing attorney of the children's program at Amica Center for Immigrant Rights. Young likened her offices to a nursery school. The lesson: how to fight your deportation proceeding. 'We'll have toddlers running all over the place, and my staff is explaining to them, using toys, crayons, chalkboards, what their rights are in the immigration system. And it's both something that's both very poignant, it's very joyful, but there's also a tremendous sense of gravity to it,' Young said. Michigan Immigrant Rights Center, which also works with unaccompanied children, uses handmade toy sets representing a courtroom for one-on-one legal screenings with kids. Kids in Need of Defense puts on puppet shows. Ages range, but the importance of immigration proceedings remain the same for all who go before an immigration judge – who ultimately decides if someone stays in the United States or is removed. 'I was in a court last summer where a three-year-old was in proceedings. He played with his toy car in the aisle of the courtroom until he was called, and then a young woman picked him up and brought him to the front of the courtroom,' Young said. 'I can tell you, I knew that child knew something dramatic was about to happen. He started crying. He was inconsolable at that point,' she added. In a recent court filing submitted as part of the ongoing lawsuit over terminating of funds, the Young Center's child advocates cited 'children as young as five years old sitting at tables by themselves in front of judges.' 'During the days immediately following the termination of funding, Child Advocates observed immigration judges learning for the first time at court hearings that funding for legal representation and friend of court services for unaccompanied children had been terminated,' the filings read. 'Upon arriving at court, children also learned for the first time that they would not have an attorney to represent them. In one court, Young Center Child Advocates observed a 14-year-old girl break down in tears in the court's lobby when she was told that she would not have a lawyer and would need to stand up in court all alone,' it continued. The Health and Human Services Department's Office of Refugee Resettlement is charged with the care of unaccompanied migrant children until they are released to a sponsor in the United States, such as a relative or family friend. The agency recently rolled out multiple new policies regarding the release of children to sponsors that make it more difficult for kids to be reunited with their guardians. Trump officials have argued the additional vetting of sponsors is necessary to ensure the child's safety. But experts describe it as a dramatic shift that is likely to keep children in custody longer. 'ORR has recently imposed a series of draconian sponsor vetting requirements, including restrictive ID requirements, universal fingerprinting and DNA testing,' said Neha Desai, managing director of children's human rights and dignity at the National Center for Youth Law. 'This has made it nearly impossible for children in ORR custody to be released if their sponsor is undocumented or if the sponsor lives with people who are undocumented – even if the child is seeking release to their parent,' she added. Meanwhile, in some courtrooms, cases are being sped up to be resolved in a matter of weeks. In a New York courtroom on Monday, an immigration judge presided over a group of seven to 10 unaccompanied minors – ranging from ages 6 to 17 and most without legal representation. They appeared virtually from government custody. The judge guided the children through the basics of the immigration court process. 'Just because you can be removed doesn't mean you need to be,' Judge Jennifer Durkin told them, emphasizing that their individual stories mattered. She acknowledged the intimidating nature of the proceedings, adding: 'My job is to listen to why you came to the United States.' The minors, who currently reside in a government-run shelter in Brooklyn, appeared attentive. At moments, the seriousness of the hearing gave way to childhood – one boy let out a few playful giggles during the judge's questioning. Two children were in the process of reunification with family members. One, a young girl with cerebral palsy who is currently hospitalized, was represented by counsel. Her attorney informed the judge that she was being reunited with her mother. The six-year-old, the youngest in attendance, was also represented by counsel. His attorney said he was in the process of being reunited with his maternal grandmother. All the children were scheduled for a second hearing in June or July, giving those without counsel roughly two months to find legal representation.
CNN
17-04-2025
- Politics
- CNN
‘Railroad kids through the system': Immigration court's youngest left to their own devices
Every week, Evelyn Flores travels to government shelters in the Washington, DC, region for story time with migrant children, telling the tale of a cartoon cat learning to navigate a confusing immigration system with the help of his superhero lawyer. 'They don't know what is an attorney, they don't know what is a judge, they are very little,' said Flores, managing paralegal for the children's program at Amica Center for Immigrant Rights. 'We try our best to explain, but it's so difficult.' Now, these teachable moments may become even more critical if children are forced to face the courtroom alone, without a lawyer. Amid public outrage over due process afforded to immigrants, or the lack thereof, it's some of the youngest in the immigration court system who may be among those hit the hardest by the Trump administration crackdown and funding cutbacks. The administration decided in March to terminate a federal contract with Acacia Center for Justice, which manages a network of legal service organizations representing around 26,000 unaccompanied children – some who are infants and too young to speak – in the United States. 'This decision was made without any plan in place to address the 26,000 children with open cases that the government encouraged our network to take on. As a result, these children are now unable to meaningfully participate in their cases and are left in the lurch,' said Shaina Aber, executive director of Acacia Center for Justice. In just the span of a few weeks, the move has resulted in sweeping staff layoffs and a disruption in legal services that could lead to attorneys withdrawing from cases. 'The federal support is everything,' said Wendy Young, president of Kids in Need of Defense. 'We would probably see more like 90 percent of these kids going through proceedings without counsel.' At the same time, migrant children are being placed on expedited court dockets as part of efforts to speed up deportations, significantly cutting the time they have to collect evidence and present their case before an immigration judge. 'This is a process that will just railroad kids through the system,' Young said. 'They'll receive an order to be deported from the United States without any access to due process or fundamental fairness.' Under US law, immigrants don't have a right to counsel at the government's expense, not even children, leaving them to depend on volunteer lawyers or nongovernmental organizations. The Trafficking Victims Protection Reauthorization Act of 2008 created special protections for migrant children, including ensuring 'to the greatest extent practicable' that they have counsel to represent them. The Trump administration has argued in court filings that the federal government has discretion in how it distributes federal funds. 'Although, the money was authorized by Congress, Congress never mandated its spending,' it wrote. A federal judge has since ordered the administration to temporarily restore funding, but to date, that hasn't happened, according to recipients of those funds. The Trump administration has said thousands of migrant children who are seeking asylum or other legal status are unaccounted for and is trying to track them down. 'President Trump's committed to doing everything he can to find these kids, but I'm going to admit to you right now that's the toughest job of the three things he wants me to do. That's the toughest part of it,' White House border czar Tom Homan told a special joint session of the Arizona legislature this month. Experts argue that cutting federal funds for key services runs counter to that effort, taking away the people who are helping them through the immigration system, and that includes reporting to the government. Flores tells the story of the cartoon cat, known as Fulanito to children 12 years old and under. Fulanito, in Flores' story time, crosses into the United States and eventually goes before an immigration judge, and his attorney helps him secure immigration relief. For teenagers, the group describes the immigration court process through a soccer analogy. Organizations who work with migrant children often have to be creative to get them to open up. Staffers use coloring books, fidget toys and stress balls. 'We'll often color with children. We'll pull out a page for ourselves and color while we speak with them. It's hard to talk about heavy things while you're just staring at each other in the face,' said Scott Bassett, managing attorney of the children's program at Amica Center for Immigrant Rights. Young likened her offices to a nursery school. The lesson: how to fight your deportation proceeding. 'We'll have toddlers running all over the place, and my staff is explaining to them, using toys, crayons, chalkboards, what their rights are in the immigration system. And it's both something that's both very poignant, it's very joyful, but there's also a tremendous sense of gravity to it,' Young said. Michigan Immigrant Rights Center, which also works with unaccompanied children, uses handmade toy sets representing a courtroom for one-on-one legal screenings with kids. Kids in Need of Defense puts on puppet shows. Ages range, but the importance of immigration proceedings remain the same for all who go before an immigration judge – who ultimately decides if someone stays in the United States or is removed. 'I was in a court last summer where a three-year-old was in proceedings. He played with his toy car in the aisle of the courtroom until he was called, and then a young woman picked him up and brought him to the front of the courtroom,' Young said. 'I can tell you, I knew that child knew something dramatic was about to happen. He started crying. He was inconsolable at that point,' she added. In a recent court filing submitted as part of the ongoing lawsuit over terminating of funds, the Young Center's child advocates cited 'children as young as five years old sitting at tables by themselves in front of judges.' 'During the days immediately following the termination of funding, Child Advocates observed immigration judges learning for the first time at court hearings that funding for legal representation and friend of court services for unaccompanied children had been terminated,' the filings read. 'Upon arriving at court, children also learned for the first time that they would not have an attorney to represent them. In one court, Young Center Child Advocates observed a 14-year-old girl break down in tears in the court's lobby when she was told that she would not have a lawyer and would need to stand up in court all alone,' it continued. The Health and Human Services Department's Office of Refugee Resettlement is charged with the care of unaccompanied migrant children until they are released to a sponsor in the United States, such as a relative or family friend. The agency recently rolled out multiple new policies regarding the release of children to sponsors that make it more difficult for kids to be reunited with their guardians. Trump officials have argued the additional vetting of sponsors is necessary to ensure the child's safety. But experts describe it as a dramatic shift that is likely to keep children in custody longer. 'ORR has recently imposed a series of draconian sponsor vetting requirements, including restrictive ID requirements, universal fingerprinting and DNA testing,' said Neha Desai, managing director of children's human rights and dignity at the National Center for Youth Law. 'This has made it nearly impossible for children in ORR custody to be released if their sponsor is undocumented or if the sponsor lives with people who are undocumented – even if the child is seeking release to their parent,' she added. Meanwhile, in some courtrooms, cases are being sped up to be resolved in a matter of weeks. In a New York courtroom on Monday, an immigration judge presided over a group of seven to 10 unaccompanied minors – ranging from ages 6 to 17 and most without legal representation. They appeared virtually from government custody. The judge guided the children through the basics of the immigration court process. 'Just because you can be removed doesn't mean you need to be,' Judge Jennifer Durkin told them, emphasizing that their individual stories mattered. She acknowledged the intimidating nature of the proceedings, adding: 'My job is to listen to why you came to the United States.' The minors, who currently reside in a government-run shelter in Brooklyn, appeared attentive. At moments, the seriousness of the hearing gave way to childhood – one boy let out a few playful giggles during the judge's questioning. Two children were in the process of reunification with family members. One, a young girl with cerebral palsy who is currently hospitalized, was represented by counsel. Her attorney informed the judge that she was being reunited with her mother. The six-year-old, the youngest in attendance, was also represented by counsel. His attorney said he was in the process of being reunited with his maternal grandmother. All the children were scheduled for a second hearing in June or July, giving those without counsel roughly two months to find legal representation.
Chicago Tribune
03-04-2025
- Politics
- Chicago Tribune
Legal services for unaccompanied migrant children still uncertain after judge orders reinstatement
SAN FRANCISCO — Legal aid clinics that sued the Trump administration after it canceled legal services for migrant children alone in the country say they are still in limbo a day after a federal judge in California ordered the reinstatement of direct legal assistance. U.S. District Judge Araceli Martínez-Olguín of San Francisco ruled late Tuesday in a lawsuit filed by legal aid groups after the Department of Health and Human Services and its Office of Refugee Resettlement on March 21 terminated a contract with the Acacia Center for Justice. She wrote that advocates raised legitimate questions about whether the U.S. violated a 2008 anti-trafficking law when it canceled funding for direct legal representation without ensuring the provision of counsel prior to the cancellation, warranting a return to the status quo while the case continues. The order took effect Wednesday and runs through April 16. 'The Court additionally finds that the continued funding of legal representation for unaccompanied children promotes efficiency and fairness within the immigration system,' she wrote. But aid providers said Wednesday they are not sure if they can expect federal dollars to begin flowing again. The Acacia center provides legal services for unaccompanied migrant children under 18 through a network of legal aid groups that subcontract with the center. Eleven subcontractor groups sued, saying that 26,000 children were at risk of losing their attorneys and that the government has an obligation to come up with a plan for transferring pending cases. Acacia is not a party to the lawsuit, but Bilal Askaryar, a spokesperson, said Wednesday that it has received no notice from the government on what to do next. 'We're still stuck in this impossible situation where the attorneys that work with these vulnerable kids have no clarity,' he said. Alvaro M. Huerta, an attorney with the Immigrant Defenders Law Center, said they are waiting to hear from the government on how it intends to comply with the order. Meanwhile, legal aid providers do not know if they can rehire staff or take on new clients, he said. 'Many organizations continue to represent children in court given their ethical and professional obligations, even without getting government funding to do so,' he said. The Trafficking Victims Protection Reauthorization Act of 2008 created special protections for migrant children who cannot navigate a complex immigration system on their own. Plaintiffs said some of their clients are too young to speak and others are too traumatized and do not know English. The law requires the government to ensure 'to the greatest extent practicable' that all children entering the country alone have legal counsel to represent them in proceedings and to 'protect them from mistreatment, exploitation, and trafficking.' Attorneys for the government say that taxpayers have no obligation to pay the cost of direct legal aid to migrant children at a time when the government is trying to save money. They also said district courts have no jurisdiction over a contract termination that would have expired at the end of March. Acacia is still under contract with the government to provide legal orientations, including 'know your rights' clinics, which Jonathan Ross with the U.S. Department of Justice said at a court hearing Tuesday is legally required. 'They're still free to provide those services on a pro bono basis,' he said of the legal aid clinics. But Karen Tumlin with the Justice Action Center said at the same hearing that the administration cannot simply zero out funding without providing direction on who will help these children when Congress has appropriated money for the care of unaccompanied minors. 'They need to make sure to the greatest extent practicable that there is a plan,' she said. The temporary order by Martínez-Olguín, who was appointed by President Joe Biden, prohibits the government from withdrawing services or funds Congress had appropriated for such children. The legal services contract, which was set to expire unless renewed in March, was worth $200 million, which is a fraction of the overall $5 billion Congress appropriated for overall unaccompanied migrant children services, including housing or shelter. The Department of Health and Human Services said in an email it does not comment on ongoing litigation. This is the third legal setback in less than a week for the Trump administration's immigration crackdown, though all may prove temporary as the lawsuits advance. On Friday, a federal judge in Boston said people with final deportation orders must have a 'meaningful opportunity ' to argue against being sent to a country other than their own. On Monday, another federal judge in San Francisco put on hold plans to end protections for hundreds of thousands of Venezuelans. __ This story has been updated to clarify that legal aid for minors is a $200 million piece of $5 billion appropriated by Congress to assist unaccompanied children and to correct that Acacia is under a modified contract with the federal government, not a new contract. Originally Published: April 3, 2025 at 12:12 PM CDT
Los Angeles Times
02-04-2025
- Politics
- Los Angeles Times
Judge restores funds for lawyers representing children in immigration court
A federal judge in Northern California ordered the Trump Administration to temporarily restore legal funding for migrant children in immigration court. Nonprofits representing unaccompanied minors challenged the administration in U.S. District Court Northern District California after the government notified them March 21 their contract would be terminated. The program provides legal representation to about 26,000 children, some too young to read or speak. The groups held the government is legally obligated to provide representation to vulnerable children under a 2008 anti-trafficking law. The government argued that funding was discretionary and the matter of a contract dispute. U.S. District Judge Araceli Martínez-Olguín of San Francisco granted the nonprofits including Los Angeles-based Immigrant Defenders Law Center a restraining order Tuesday night. '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,' she said referencing the anti-trafficking law. The Trafficking Victims Protection Reauthorization Act of 2008 provides special protections to children vulnerable to exploitation. It requires the government 'shall ensure, to the greatest extent practicable,' all unaccompanied children receive legal counsel to represent them in 'legal proceedings.' The relief is temporary, but Martínez-Olguín said 'continued funding of legal representation for unaccompanied children promotes efficiency and fairness within the immigration system.' Johnathan Ross, who represented the government, said despite the cuts, the groups was free to continue offering pro bono services and pointed out that other parts of the contract including a know your rights program remained. Immigrant Defenders Law Center had begun laying off dozens of staff, as had other groups. And lawyers for them said ending the program could immediately harm children with scheduled asylum appointments and court hearings.
Yahoo
02-04-2025
- Politics
- Yahoo
Biden-appointed judge blocks Trump admin from terminating legal aid for unaccompanied migrant children
A federal judge in California has blocked the Trump administration from terminating funding for legal counsel for unaccompanied migrant minors. Appointed by former President Joe Biden, U.S. District Judge Araceli Martínez-Olguín of San Francisco issued a temporary restraining order on Tuesday that will stop the Trump administration from ending the funding while the merits of the underlying case play out. The Trump administration on March 21 terminated a contract with the Acacia Center for Justice, which provides legal services for unaccompanied migrant children under 18 through a network of legal aid groups that subcontract with the center. Eleven subcontractor groups sued, saying that 26,000 children were at risk of losing their attorneys; Acacia is not a plaintiff. Those groups argued that the government has an obligation under a 2008 anti-trafficking law to provide vulnerable children with legal counsel. Trump Agenda Upended After Gop Rebellion Shuts Down House Floor In her Tuesday order, Martínez-Olguín said that advocates had raised legitimate questions about whether the administration violated the 2008 law, warranting a return to the status quo while the case continues. Read On The Fox News App "The Court additionally finds that the continued funding of legal representation for unaccompanied children promotes efficiency and fairness within the immigration system," she wrote. It is the third legal setback in less than a week for the Trump administration's immigration crackdown, though all may prove temporary as the lawsuits advance. The Trafficking Victims Protection Reauthorization Act of 2008 created special protections for migrant children who cannot navigate a complex immigration system on their own. Plaintiffs said some of their clients are too young to speak and others are too traumatized and do not know English. Cbp Releases March Border Crossing Numbers, Marking Lowest To Date Ever Recorded Defendants, which include the Department of Health and Human Services and its Office of Refugee Resettlement, said that taxpayers have no obligation to pay the cost of direct legal aid to migrant children at a time when the government is trying to save money. Acacia is under a new contract with the government to provide legal orientations, including "know your rights" clinics. The plaintiffs said they are not asking for the contract to be restored but instead want a return to the status quo – which is spending $5 billion that Congress appropriated so children have representation, Karen Tumlin with the Justice Action Center said at a court hearing Tuesday. Jonathan Ross with the Department of Justice said the government is still funding legally required activities, such as the "know your rights" clinics, and that legal clinics can offer their services without charge. "They're still free to provide those services on a pro bono basis," he said. Martinez-Olguin's order takes effect Wednesday morning and will last until at least April article source: Biden-appointed judge blocks Trump admin from terminating legal aid for unaccompanied migrant children
