The Trump administration allowed a federal contract funding legal representation for unaccompanied migrant children to expire last month, potentially leaving more than 20,000 children nationwide to represent themselves in immigration court. The $356 million contract was held by Acacia Center for Justice and its umbrella of nearly 100 provider organizations, administered through the U.S. Department of Health and Human Services.
What changed
The federal contract that funded legal representation to unaccompanied immigrant children expired on July 31 after the Trump administration’s lawyers argued in court that HHS withheld funding because Acacia refused to hand over information about their clients. Acacia said releasing personal information would violate attorney-client privilege.
A temporary $20 million contract was awarded through the end of the year to the U.S. Committee for Refugees and Immigrants, a legal aid group whose previous work with the government involved helping resettle Afrikaners. The administration also announced plans to award a contract to the Burke Law Group, a Houston-based firm with little experience in immigration.
Some legal aid providers whose contracts expired sued the administration after they went without payment, and on August 6, a California federal judge ordered the federal government to pay the providers.
Why it matters
Analysis shows that children are 99% likely to be ordered deported if they go to court without a lawyer. Without legal representation, these children, many of whom are fleeing from abuse and trafficking in their home countries, will almost certainly be deported.
For practitioners representing unaccompanied minors, the funding lapse means:
- Availability crisis: The network of ~100 experienced providers funded through Acacia has no ongoing contract
- Client vulnerability: Thousands of children already in the system may lose counsel mid-case or be unable to access representation
- Staffing gaps: Replacement providers lack immigration law experience
- Litigation uncertainty: The federal court order (Aug 6) requires payment to expired providers, but the long-term contract situation remains unresolved
Way forward
- Check current status with local providers: Verify which legal aid organizations in your jurisdiction are still operating under any interim or emergency funding and their capacity to take new cases
- Monitor the replacement contract: Track whether new awards to USCRI and Burke Law Group create any coordination or conflicts with ongoing representation by Acacia-network providers
- Preserve continuity: If you represent a child whose attorney may be affected, document the transition and any gaps in counsel; the court order suggests payments are being restored, but the organizational landscape is in flux
- Review client eligibility for other programs: Explore whether your unaccompanied minor clients qualify for state-funded legal services, pro bono networks, or law school clinics during any lapse in federal funding
Disclaimer
This article explains a federal policy change and is not legal advice. Folaform is a technology company, not a law firm. Immigration law is complex and subject to rapid change; always verify current policy against the primary source and consult a licensed immigration attorney before making case decisions. The Trump administration may modify or reverse funding decisions without notice.