Trump administration to use government lawyers to represent migrant children
The Trump administration has quietly organized a team of government attorneys to represent unaccompanied migrant children in immigration court, according to a federal notice.
The announcement, posted by the Department of Health and Human Services, says that HHS lawyers under a new agency division will "provide direct legal services to unaccompanied alien children."
The development comes after the administration cut ties with a number of immigration advocacy groups that had previously provided those services.
Some of the duties listed in the notice include entering appearances on behalf of migrant children in immigration court and providing representation throughout an individual migrant child's immigration proceeding.
Some immigration advocacy groups have raised concerns about the move, saying that the same government that is targeting migrant children under the Trump administration's immigration crackdown would also now be representing the minors in court.
"It is unconscionable that the same government that is attacking and trying to deport children would also pretend to provide them legal defense in immigration court," said Michael Lukens, the executive director of the immigrant advocacy group Amica Center for Immigrant Rights, which used to receive funding through a government contract that was terminated.
"A fair day in court, which every child deserves, requires meaningful and independent advocates. HHS' plan to assign government attorneys to defend kids is a boldly unethical position," he said.
A spokesperson for the HHS did not respond to a request for comment from ABC News.
In December 2023, the Acacia Center for Justice became the prime contract holder with HHS for the Unaccompanied Children Program, overseeing subcontracts with more than 100 service providers that provide legal representation to more than 20,000 unaccompanied migrant children.
But earlier this year, the government cut ties with the group and awarded a controversial anti-human trafficking organization a no-bid $158 million contract to provide legal services to migrant children. In August, a small Texas law firm withdrew from consideration for a $150 million federal contract to represent unaccompanied migrant children after immigrant advocacy groups raised concerns about the firm's degree of experience in immigration law.
The two awards prompted a group of Democratic lawyers to send a letter to HHS regarding their concerns over the government's efforts to award new federal contracts to politically connected firms that they said lack immigration experience.
"Unaccompanied minors are the most vulnerable population in the immigration system," Rep. Joaquin Castro, D-Tx., previously told ABC News. "We have a moral and statutory duty to provide them with quality legal representation. The Trump administration's attempt to cut out longstanding providers who are equipped to handle these cases jeopardizes the well-being of children."
Immigrant advocacy groups have alleged that unaccompanied children and their sponsors are among those being targeted under the administration's aggressive immigration crackdown. Last year, ABC News reported that the administration was directing immigration agents to track down unaccompanied migrant children in the United States.
"If [HHS] attorneys are assigned to represent unaccompanied children in immigration proceedings, every federal agency involved in these children's cases, including HHS, the Department of Justice, and the Department of Homeland Security, would effectively be on the same side of the courtroom," said Jennifer Podkul, the Chief of Global Policy and Advocacy for Kids in Need of Defense.
"This creates a closed system in which the government serves as custodian, prosecutor, judge, and now potentially counsel, leaving children with little opportunity to have their cases heard through a truly independent and fair process," Podkul said. "Putting HHS attorneys in this role risks creating yet another pathway to fast-track vulnerable children toward deportation rather than ensuring their rights, safety, and best interests are protected."
