Concerns Arise Over Contract to Represent Migrant Children

The federal government plans to allocate $150 million to a small Texas law firm to represent unaccompanied immigrant children. These children, who are without guardians in government custody, require representation during immigration proceedings. According to an announcement set to appear in the Federal Register, this funding decision involves a Houston-based firm, Burke Law Group, known for its expertise in complex environmental, regulatory, and enforcement matters.

Migrant children, some as young as toddlers, lack the ability to self-represent in court. This makes adequate legal representation crucial to avoid potential deportation. Roxana Avila-Cimpeanu of the Florence Immigrant and Refugee Rights Project, which has provided legal services to unaccompanied minors, criticized the government’s choice, noting the firm’s lack of experience in immigration law and child welfare.

The contract follows the expiration of a previous agreement with a coalition of approximately 100 nonprofit organizations that performed similar services. These organizations had ceased receiving payments in November last year after refusing to share confidential client information, citing attorney-client privilege. The government still owes these organizations $65 million, and a lawsuit is ongoing.

Ties to the Trump administration are evident within Burke Law Group. Co-founder Marcella Burke previously held roles in the Interior Department and the Environmental Protection Agency (EPA). Founding partner Jeffrey Hall currently serves as an assistant administrator at the EPA. Hall’s confirmation raised concerns about his environmental work at the law firm, particularly regarding statutory protections.

Immigrant-rights advocates question why the Department of Health and Human Services (HHS) intends to contract Burke Law Group, particularly as the contract covers only about 1,800 children in shelters. This leaves a considerable number of nearly 22,000 children without covered representation.

Michael Lukens from the Amica Center for Immigrant Rights mentioned an existing gap before the proposed contract begins, as no organization is currently contracted with HHS to provide services to these children. Despite this, nonprofits continue to offer free legal services. The Acacia Center for Justice, a nonprofit based in Washington, D.C., emphasized that any organization taking over the contract must have significant experience in immigration law and child welfare, given the vulnerable nature of the children involved.