Federal Judge Seeks Clarity on Legal Aid for Immigrant Children
A federal judge has requested the Trump administration to provide additional evidence on the continuation of a legal aid program for immigrant children navigating the complexities of immigration court without representation. This program, introduced by Congress nearly 20 years ago, is intertwined with federal anti-trafficking laws to support vulnerable minors.
This initiative ensures that immigrant children in government custody are given Know Your Rights presentations and assistance in filing asylum and other relief applications. However, a significant shift occurred in July when the Office of Refugee Resettlement terminated its contract with a network of over 80 groups that provided this legal aid. The U.S. Commission on Refugees and Immigrants (USCRI) was subsequently appointed to assume these responsibilities.
Roxana Avila-Cimpeanu, deputy director of the Florence Immigrant and Refugee Rights Project, one of the organizations affected by the contract’s termination, highlights ongoing issues. She noted, “Across the country, we are seeing children being asked to go to court every 14-21 days alone. We are seeing children being ordered deported for not filing an asylum application by themselves in a short timeframe.”
In a recent court session, Richard Debany from the Office of Refugee Resettlement explained that USCRI is still in the process of expanding its operations. He mentioned that since August, USCRI’s attorneys have attended 1,600 hearings as ‘Friends of Court’. A $20 million contract with USCRI has been established to provide direct representation, among other agreements.
However, Avila-Cimpeanu raised concerns, stating, “But that doesn’t mean that they’ve done anything. It just means that they’re literally showing up.” Attorneys acting as Friends of Court can offer advice on procedural matters but are restricted from filing legal documents for the children.
During an August virtual court proceeding, a USCRI attorney appeared before a Phoenix immigration judge as a Friend of Court, yet refrained from participating in hearings for unrepresented children. Avila-Cimpeanu reported that no children appearing in Arizona courts during this period had representation from USCRI.
Previously, the legal aid program involved 800 litigators nationwide, but USCRI currently employs only 57 attorneys, according to court filings, with plans for further recruitment.
District Judge Araceli Martinez-Olguin has instructed both parties to submit additional evidence in upcoming briefs. The judge had earlier ordered the Trump administration to release $65 million in withheld funds to the prior legal aid groups and to outline how the program would proceed without them.
Questions directed to U.S. Health and Human Services, the overseeing body of the Office of Refugee Resettlement, regarding the hearing or USCRI’s attorney capacity remain unanswered.
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