Trump administration halts legal aid for migrant children

Children have been left without representation in immigration court because of Trump administration cuts, according to organisations that help these kids navigate the legal system when they arrive in the US without a parent or guardian.

The organisations say the children are at risk because the Trump administration suspended a key programme late on Tuesday, ordering that the Acacia Center for Justice and its subcontractors immediately stop work on a 200 million dollar (£158 million) contract to provide representation for children entering the country alone.

Daniela Hernandez, an immigration lawyer who provides free legal services to about 60 children in Pasadena, California, said during a news conference on Wednesday that some of her clients — who are as young as two — have court hearings as soon as Friday.

“What is this two-year-old client supposed to do without her lawyer?” she said. “Who will speak for her in court? Who will explain to her and all of our other clients in foster care who have not only nobody, no adult in the United States to care for them, that they will now have to navigate a very complex legal immigration system on their own?”

The Interior Department did not explain the stop-work order, telling the group only that it was done for “causes outside of your control” and should not be interpreted as a judgment of poor performance. The halt remains in effect until further notice.

In a statement Wednesday, the department said it has agreements to support other agencies but does not fund or operate the program and could not answer questions about it. The Department of Health and Human Services Department, which oversees unaccompanied migrant children, did not respond to requests for comment.

At a San Diego immigration court on Wednesday, a five-year-old girl from Mexico facing deportation sat before Judge Olga Attia.

Judge Attia asked if the girl could have some colouring books — “that may be a little more fun,” she told her.

As the girl drew, the judge explained the case to her, her 13-year-old sister and her 15-year-old brother.

All three children were arrested for crossing the border illegally, without their parents, in March 2024. Their mother attended the hearing – she entered the US at a different time than her children, who have their own immigration cases.

And they were navigating it all without a lawyer.

The mother said they could not afford one. The Judge recommended a nonprofit that might give guidance and scheduled another hearing in May.

But with the contract that ended on Tuesday, options for affordable legal guidance are narrowing for this family and thousands of others involving unaccompanied children.

Acacia has a network of 85 organisations nationwide that work with children under 18. About 26,000 migrant children get direct legal representation under the contract, while roughly 100,000 get some kind of legal advice, often through presentations lawyers hold for children while they are in government-run shelters just after arriving in the US

People fighting deportation do not have the same right to representation as people going through criminal courts, although they can hire private lawyers.

However, there has been some recognition that children navigating the immigration court system without a parent or guardian are especially vulnerable.

The Trafficking Victims Protection Act of 2008 created special protections for children who arrive in the US without a parent or a legal guardian. It said the government should facilitate legal representation for the children put into deportation proceedings, though it did not mandate every child have a lawyer.

Acacia and its subcontractors recruit and train lawyers and work with private lawyers who provide free legal representation for the children.

Unaccompanied children can request asylum, juvenile immigration status, or visas for victims of sexual exploitation. Most of the children do not speak English and need interpreters.

“You have these kids who are thrust into this adult-like situation with very severe consequences,” said Jennifer Podkul, vice president for policy and advocacy at Kids In Need of Defence, citing that about 50% of children have legal representation in immigration court.

Children will be stuck in the system or off the grid, and cases will not be processed, lawyers and experts said.

Melissa L Lopez is the executive director of a group that receives funding through the program that was suspended, and she said they have a legal and ethical obligation to continue helping the estimated 2,000 children they represent.

“We will do what is best for our clients,” said Ms Lopez of El Paso, Texas-based Estrella del Paso. The group also gives legal presentations in shelters so children know their rights, but they have been barred from doing that, she said.

“They will be expected to go to court alone and uninformed,” she said.