Children without legal counsel win relief less than 10% of the time
The Trump administration has severed ties with nearly a hundred legal organizations that provide immigration advice to unaccompanied children and is placing them in expedited court proceedings, according to advocates and legal providers.
Federal officials are set to end a contract providing legal counsel to more than 20,000 children on July 31. They have refused to reimburse organizations for $65 million in work completed since December unless those organizations agree to violate their young clients’ confidentiality and turn over sensitive information, such as unredacted medical evaluations and data about children’s broader immigration cases, said Shaina Aber, executive director of the Acacia Center for Justice, the contractor that administers legal services for those children.
“These sorts of detailed disclosures could provide the government with, really, a roadmap for mass deportation of children,” Aber said.
The administration’s ultimatum is pushing many of the affected nonprofit groups toward layoffs, hiring freezes or financial collapse, all but ensuring that young immigrants will have to face court alone.
“The Trump administration is working to strip unaccompanied children of legal representation so they can be deported faster and with less scrutiny. We cannot allow that to happen,” said Ana Devereaux, senior managing attorney at the Michigan Immigrant Rights Center.
Without a lawyer, children win the right to stay in the United States less than 10% of the time, according to Elizabeth Young, a former regional deputy chief immigration judge who resigned last year. Young said immigration judges are nearly 100 times less likely to grant relief to a child without counsel.
“Due process is the foundation of American justice,” Young said. “When children are forced to navigate one of the most complex areas of law alone, that promise of fairness becomes little more than an illusion.”
Unaccompanied children often reach the U.S. while fleeing human trafficking, persecution, neglect, abuse or abandonment, a reality lawmakers have recognized through policies meant to protect vulnerable children. Advocates say the immigration system is being reshaped to enable mass deportations, with children ordered deported before other government agencies can process their applications to stay legally.
The funding cliff comes amid reports that federal officials plan to send unaccompanied children to Texas, where, according to advocates, immigration courts and state officials have been sympathetic to the administration’s immigration priorities. Officials first turned to the Texas attorney general’s office, run by Ken Paxton, a Republican, for help representing the children, then pivoted toward the Texas Indigent Defense Commission, a small state entity tasked with criminal defense. Scott Ehlers, the commission’s executive director, said the request would likely violate his mandate.
Meanwhile, some Texas legal organizations with a long history of representing immigrant children are on the brink of closure because the federal government has not reimbursed them for their services.
Kids in Need of Defense, a major legal provider founded by actor Angelina Jolie and Microsoft Corporation, canceled its participation as a subcontractor representing unaccompanied children last month, citing $20 million in overdue payments.
“You can imagine when organizations of that caliber, with the support that they’ve had throughout the years, cannot sustain this work, it tells you everything you need to know about the severity of what is happening in this field and what the administration is doing,” Aber said. “And that’s happening right now, even before the contract expires. So the damage is already being felt, and I assume that we’re going to see hundreds and hundreds of children going to court alone.”