Approximately 26,000 unaccompanied children who entered the United States without parents or guardians face the loss of independent legal representation starting this week, as a federal contract funding their legal services ended on Friday. The children have been protected under a two-decade-old legal requirement based on concerns about exploitation, trafficking, and abuse.
The Office of Refugee Resettlement (ORR) ceased funding legal services in November after lawyers declined to provide the agency with confidential information about the children. The legal organizations say this information is protected by attorney-client privilege. ORR declined to renew its contract with a network of nearly 100 legal groups that had provided services. An organization managing the contract, Acacia Center for Justice, stated that the government was withholding payment for already-completed work to compel disclosure of privileged information.
Attorneys representing the children warn of serious consequences without legal counsel. According to one lawyer, unaccompanied children without representation succeed in remaining in the U.S. in less than 1 percent of cases. Several organizations have already begun reducing staff due to extended non-payment. A legal services provider associated with the American Bar Association laid off more than 20 percent of its workforce this week, according to its legal director. A pending lawsuit seeks $65 million in back payment and continuation of services.
ORR indicated on July 29 that it was considering a new contract with potentially different providers, but provided few details. Neither ORR nor the White House responded to requests for comment. Some attorneys said they intend to continue representing clients in court despite the contract expiration and lack of payment, citing ethical obligations to their current cases. Data shows nearly 1,800 children were in ORR custody in June, with an average stay of 194 days before release to sponsors.
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