The Trump administration this month has complicated – if not cut off – access to lawyers for tens of thousands of immigrant kids. By law, the government must try to arrange that aid for children who come to the United States alone.
At the end of July, the government let a legal-services contract for those children lapse, affecting the Acacia Center for Justice and its nearly 100 subcontractors. News this week of an upcoming federal contract with a Texas firm better known for environmental law has left immigrant advocates scrambling for answers as court dates loom.
As a result, at least one nonprofit has laid off staff. Others count the days until their funding runs out.
The Trump administration let a contract to provide legal services to tens of thousands of immigrant children lapse. The interruption potentially leaves more children without legal representation in a complex and accelerating immigration court system.
A federal judge in California last year ordered the Trump administration to keep funding those services. The government did not, and instead cast doubt on the legitimacy of lawyers' work. On Thursday, the same judge ordered the government to pay the money owed by midday Friday and provide a detailed report on how it was complying with the judge's order from last year. As litigation chugs on, the White House has ramped up deportations of unaccompanied immigrant children and made it harder for them to win protections like asylum.
On Monday, a spokesperson for the Department of Health and Human Services said in a statement that its agency overseeing unaccompanied children agrees that they need legal representation, “and is actively working to resolve this matter.”
By Thursday, Acacia had proposed a new contract that would help transition cases to new providers and was waiting to hear back.
“We adamantly believe that children must continue to be represented by attorneys who specialize in immigration law,” and are trained to handle trauma, says Bettina Rodriguez Schlegel, the chief of staff at Acacia.
U.S. law says the government must ensure unaccompanied children can access legal aid “to the greatest extent practicable.” Congress has never fully funded that goal, children’s advocates say.
The end of the Acacia contract on July 31 threw that access further into jeopardy. On Monday, the spokesperson for HHS, whose Office of Refugee Resettlement takes custody of children soon after they arrive alone, said in an email that the agency is “pursuing multiple acquisition options.”
Last week, a Texas nonprofit – an Acacia subcontractor – shut down its unaccompanied children’s program and let 13 employees go. “We’re still all a little bit in shock,” says Melissa Lopez, executive director of Estrella del Paso.
Like other groups cut off from funds, Estrella del Paso has patched together philanthropy and reserves in an attempt to stay afloat.
“We have now completely used up all of our savings,” Ms. Lopez says. Her team won’t accept new cases and will discontinue know-your-rights presentations along with legal screenings.
As of Monday, the nonprofit reported 243 active cases that lawyers are trying to manage.
“We are maintaining our responsibilities to them, both ethically and morally,” Ms. Lopez says.