Over 425,000 children with pending removal cases do not have lawyers, according to new analysis of federal immigration data. At the same time, the Trump administration issued a stop-work order to legal service providers like Kids in Need of Defense (KIND) in February 2025, which disrupted support for nearly 26,000 children before it was rescinded, and then abruptly terminated federal grants funding legal help for these kids weeks later. The convergence of massive unrepresentation and shrinking legal capacity is reshaping the landscape for practitioners who represent children.
What changed
Of the 751,861 children with pending removal cases, 57%, or 425,093 of them, do not have lawyers, according to an analysis of data from the DOJ’s Executive Office for Immigration Review conducted by the Vera Institute of Justice. Children under the age of 18 are increasingly appearing in immigration court without lawyers at a time when deportation orders are surging as the Trump administration attempts to deport more than a million people annually and immigration relief is becoming harder to obtain.
The data also reflects a funding crisis affecting legal providers. KIND says it’s still owed $25 million; KIND relied on federal funding to cover 68% of its budget to represent more than 4,000 unaccompanied children and has reduced its staff to work within a strained budget, currently operating under three month increments. The Michigan Immigrant Rights Center, which provides legal services to 800 immigrant children across Michigan, says those children are now at risk of losing legal representation, with the stop-work order affecting 80% of its staffing.
Why it matters
The outcomes for unrepresented children are stark. Last year, 7% of children with an attorney in completed cases were allowed to stay in the country with some form of legal relief, compared with less than 1% of children without legal representation; so far in 2026, 3% of represented children have avoided deportation and received some form of protection, compared with less than 1% of those without lawyers. The presence or absence of counsel is effectively determinative in these cases.
Beyond the statistics, immigration court is under mounting pressure to move cases quickly, straining due process protections for the most vulnerable. Practitioners managing these cases face a two-fold squeeze: fewer children have resources to retain counsel, and the non-profit legal capacity that historically filled that gap is contracting.
26,000 children nationally are at risk of losing their legal representation, creating both an immediate crisis for existing clients and a longer-term referral problem as organizations cut staff or close programs.
Way forward
If you represent unaccompanied minors or work with legal aid organizations:
- Map your local legal capacity. Identify which organizations in your jurisdiction still have funding and can accept referrals. Connect directly with KIND, MIRC, and regional legal service providers to understand their current staffing and caseload limits.
- Document the impact on your practice. Track cases you cannot take, referrals you cannot place, and outcomes for unrepresented children. This data will be critical if class-action or systemic litigation emerges.
- Explore state and local alternatives. Some states and bar associations have emergency legal aid funds or pro bono networks that may not depend on federal HHS or DOI funding. California, New York, and other jurisdictions have state-level commitment to unaccompanied minor representation.
- Engage with advocacy. Coordinate with bar associations, immigrant rights organizations, and courts to press for restoration of federal funding and state-level appropriations to fill the gap.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. The information comes from publicly available reporting and federal data analysis, but immigration policy and funding priorities can change without notice. Verify all information against the primary sources and federal agencies’ official guidance. If you represent a child in removal proceedings, consult with a licensed immigration attorney and check your jurisdiction’s ethical rules governing representation capacity and referral obligations.