President Trump ended a federal contract on Friday that provided legal representation for nearly 26,000 immigrant children entering the U.S. without parents or guardians, and immigration lawyers said it would leave children vulnerable to rapid deportation.
The contract provides funding for attorneys to represent minors detained in the immigration court (at least 4,000 people reside in California).
Many of these children do not read or speak in English, and some are too young to read or speak at all, according to Joel Frost-Tift, immigration attorney for public lawyers.
“This will have a devastating impact on our customers,” Frost-Tift said. “If immigrants are represented by lawyers, they are five to six times more likely to succeed in a case, so if they lose their representation, it will really damage their case.”
Currently, public legal counsel has about 200 unaccompanied immigrant children in Southern California. Frost-Tift said lawyers will continue to meet their ethical obligations and can currently assist in these cases, but it is unclear how long they will be able to do without new funds.
Incredibly, about 100 legal aid organizations across the country now find themselves in learning that the federal contracts of children without guardians (renewed on March 29) have been terminated.
Last month, the Trump administration temporarily stopped all work done under this contract. A few days later, the U.S. Department of Health and Human Services reversed the decision.
Now, many legal organizations are urging the Trump administration to reverse the path again.
“The government’s decision to end these services undermines due process, has had a disproportionate impact on vulnerable children and puts children who have suffered severe trauma at risk of further irreparable harm or exploitation,” Shaina Aber, executive director of the Acacia Justice Center, said in a statement. “We urge the government to reverse this decision.”
The Acacia Justice Center receives approximately $200 million in federal funding each year and subcontracts with nonprofit organizations to secure legal representation for approximately 26,000 immigrant children.
On Friday, Health and Public Services notified it can continue to offer “know your rights” free legal clinics to immigrant children, but must stop paying for their legal representatives.
Arbor said lawyers can not only help children drive turbulent legal systems, but also help protect them from human trafficking and abuse.
Wendy Young, the president of children who need defense, also condemned the impact of cuts on the safety of immigrant children. She said this will allow children to appear in court at immigration hearings or stay in touch with immigration agencies.
“It undermines critical communication and coordination routes between vulnerable unaccompanied children and institutions to ensure their protection,” she said in a statement.
Unlike criminal courts, individuals in immigration courts do not have guaranteed attorney rights.
Deportation can be avoided if a child can meet one of the requirements for obtaining a special immigrant juvenile status in court. For example, they can prove themselves to be victims of crime or trafficking, abandoned or abused by their parents, or prosecuted in their home country.
However, without a lawyer, it is almost impossible to obtain such an identity.
According to a report by the U.S. Immigration Commission, children represented by attorneys appear about 95% of the time at immigration court hearings, while children without attorneys appear about 33% of the time.
Over the past few years, thousands of children have been deported after failing to appear at immigration hearings. Last month, the Trump administration directed immigration agents to track and deport unaccompanied immigrant children, according to a memorandum of immigration and customs enforcement obtained by Reuters.
