Legal Representation Crisis for Unaccompanied Children

Children outside the immigration court at the Jacob K. Javits Federal Building in New York City face a dire situation. An estimated 26,000 who entered the U.S. without guardians may soon lack independent legal representation. For over two decades, U.S. law has protected these children against exploitation, abuse, or trafficking concerns.

After crossing the border, unaccompanied minors are typically transferred to the Office of Refugee Resettlement (ORR). Nearly 100 legal groups help provide legal services to these children, funded by Congress. However, in November, ORR ceased payment for these services. This followed legal representatives’ refusal to share confidential information about the children, claiming it was protected by attorney-client privilege.

The Acacia Center for Justice, managing the legal services contract with ORR, stated, “The government is withholding payment for work performed to extract confidential information about kids.” The ORR did not renew the contract that expired last Friday. Alexa Sendukas, an attorney with Galveston-Houston Immigrant Representation Project, warns that unaccompanied children without legal support are less than 1% likely to stay in the U.S.

Legal nonprofits filed a lawsuit demanding payment of $65 million owed and for future services. Some providers, like ProBAR, have already reduced staff due to this financial crisis. Lauren Fisher Flores from ProBAR stated it laid off over 20% of its team. ORR informed Acacia about a potential new contract with different providers, but details remain scarce, leaving considerable uncertainty, according to Bettina Rodriguez Schlegel of Acacia.

Data shows ORR had nearly 1,800 children in custody in June. These children are meant to be quickly matched with U.S. guardians or “sponsors,” but were held for an average of 194 days. Lawyers argue this extended detention harms the children’s health and safety. Presentations given by the legal network to these children informed them of their rights and assessed their eligibility for legal services. Special protections exist for trafficking or abuse victims.

Despite contract termination and lack of pay, several lawyers refuse to abandon the children. Mickey Donovan, director of legal services at Immigrant Defenders Law Center, emphasized their responsibility to continue representation. “We have an ethical responsibility. We can’t just leave a case. If there’s a hearing tomorrow, we’ll be there,” Donovan affirmed.