The Trump administration is set to award a $150 million contract to Burke Law Group, a small Texas law firm headquartered in Houston, to provide legal representation for unaccompanied migrant children in government custody during immigration proceedings. The award, announced via Federal Register notice, represents a major shift in who delivers federally-funded legal services to this vulnerable population—and leaves a significant coverage gap for children not served by the new contract.
What changed
The contract would “provide legal orientation, legal consultation, and attorney-of-record representation services for eligible unaccompanied alien children” during immigration proceedings and hearings before U.S. Citizenship and Immigration Services while the children remain in government custody. The year-long contract starts August 15.
The Trump administration announced late Tuesday that they were hiring Burke to provide legal services to unaccompanied children. This contract replaces the prior arrangement with the Acacia Center for Justice, which became the prime contract holder with HHS for the Unaccompanied Children Program in December 2023, overseeing subcontracts with more than 100 service providers that provide legal representation to more than 20,000 unaccompanied migrant children.
The firm’s qualifications are limited: out of 24 attorneys, only two specialize in immigration and asylum cases. The firm’s founder, Marcella Burke, served in Trump’s first administration as a lawyer in the Environmental Protection Agency and the Department of the Interior.
Why it matters
Coverage collapse. The contract only covers about 1,800 children in shelters, yet the previous network represented more than 20,000 unaccompanied migrant children. It’s unclear what will happen to the nearly 22,000 children who are not in HHS shelters, and technically nobody in the country has a contract with HHS to provide services to kids.
Contractor requirements. HHS’s sub-agency, the Office of Refugee Resettlement, “offered Acacia the opportunity” to receive a new federal contract “based on requirements that include they provide the data on who they represent and that they bill [HHS] when they submit applications for immigration relief”. The Trump administration had stopped paying those legal nonprofits back in November, when lawyers refused to turn over confidential information about the children. Information was covered by attorney-client privilege.
If Burke Law Group accepts contractual terms requiring disclosure of client information to HHS, this raises attorney-client privilege concerns for unaccompanied children represented under the contract.
Practitioner exposure. Immigration attorneys and accredited representatives working with unaccompanied children should anticipate:
- Absence of federally-funded legal representation for most children not in HHS shelters
- Potential conflicts between HHS contractual data-sharing requirements and ethical duties to clients
- Pressure on nonprofit legal services to fill the gap with unfunded workload
Way forward
- Consult the Federal Register notice to review Burke Law Group’s full contractual scope, performance standards, and any explicit data-sharing provisions. Verify coverage limits and exclusions.
- Prepare for pro bono burden: If you represent unaccompanied children in your practice, expect increased demand for unsubsidized representation as federal coverage contracts shrink.
- Monitor Office of Refugee Resettlement (ORR) guidance: Follow ORR’s website at https://www.hhs.gov/orr for updates on which children remain eligible for Burke representation and what happens to the 20,000-child gap.
- Document ethical conflicts: If a federal contractor pressures you or your clients to disclose privileged information, preserve communications for potential bar or federal court review.
Disclaimer
This article is for informational purposes only and is not legal advice. Articles.folaform.com is a technology and publication service, not a law firm. Immigration law is complex and federal contracts are frequently modified or disputed in court. You must consult a licensed immigration attorney in your jurisdiction to discuss your specific situation, verify details against the primary source materials cited here, and confirm current policy before advising clients or filing any applications. The federal government may change contract awards, terms, or coverage without notice; always check the Office of Refugee Resettlement and Federal Register for the most current information.