More than 25,000 children lose previous legal protections, as federal contract ends
25,000 Children Lose Legal Protections as Federal Contract Ends
Ecorescuezone.com – More than 25 000 children are losing their legal protections this week as a federal contract expires. Beginning Monday, an estimated 26,000 unaccompanied minors who arrived in the United States without parents or guardians will no longer have independent legal counsel. This major policy shift comes as attorneys who have represented these vulnerable populations for decades prepare for the consequences of a lapsed federal agreement. For more than twenty years, American law has mandated special protections for children crossing the border alone, driven by concerns that these minors could face exploitation, abuse, or human trafficking more easily than adults.
Decades of Support Come to an End
Once unaccompanied minors enter the country, they are generally transferred into the custody of the Office of Refugee Resettlement, commonly known as ORR. A comprehensive network comprising nearly one hundred legal organizations has worked together to deliver essential legal services to these children, with funding provided through congressional appropriations. However, this arrangement began to unravel last November when ORR halted payments to these legal groups. The suspension occurred after attorneys refused to hand over confidential details about the children that the agency had requested. Legal professionals maintain that this information is protected under attorney-client privilege and should not be disclosed without proper justification.
The Acacia Center for Justice, which oversees the legal services contract on behalf of ORR, issued a statement on Thursday expressing frustration with the government's actions. According to the nonprofit organization, the administration is deliberately withholding payment for services already completed as a means of extracting confidential information about children—information that, in their view, the government has no legitimate authority to demand.
What Happens Next for These Children?
With the contract officially expiring on Friday, ORR chose not to renew the agreement with the existing network of legal providers. Alexa Sendukas, an attorney working with the Galveston-Houston Immigrant Representation Project, warned that children may soon be forced to navigate court proceedings entirely on their own. She emphasized that most of these children would likely face deportation if they cannot secure proper representation.
"We know that without a lawyer, unaccompanied children win the right to stay in the United States less than 1% of the time," said Sendukas. "And they've come to the United States seeking safety and protection. And what this administration is asking us to do now is to turn our backs on them completely. And they will undoubtedly be sent to harmful, dangerous situations. And I worry some will be killed if they lose their lawyers."
The financial impact on legal service providers has been substantial. A coalition of legal nonprofits initiated a lawsuit last year, seeking judicial intervention to compel the government to pay approximately $65 million that is currently owed, while also ensuring continued funding for ongoing services. Having gone more than eight months without receiving payments from ORR, several organizations have been forced to reduce their workforce significantly.
Lauren Fisher Flores, the legal director of ProBAR—a project of the American Bar Association that delivers legal assistance to children under ORR care—announced on July 31 that her organization had to eliminate more than twenty percent of its staff due to the funding shortfall. This reduction in personnel further threatens the ability of these organizations to serve the growing population of unaccompanied minors.
Looking Ahead: Uncertainty Remains
On July 29, Acacia received notification from the federal government that ORR was exploring the possibility of establishing a new contract, potentially with different legal providers. However, the agency provided limited additional details about this potential transition. Bettina Rodriguez Schlegel of Acacia expressed ongoing concerns about the lack of transparency, noting that they have not received satisfactory answers to their questions regarding who will ultimately become the new contractor.
Neither ORR nor the White House provided responses to NPR's requests for comment regarding this developing situation. Meanwhile, agency data indicates that nearly 1,800 children were in ORR custody as of June. Under a 2008 law, ORR maintains a legal obligation to promptly match these children with guardians or sponsors within the United States who can provide care. Unfortunately, these children remained in custody for an average of 194 days before being released—a duration that lawyers describe as unusually lengthy and harmful to the children's wellbeing.
Frequently Asked Questions
What is the federal contract that just expired? The contract was a multi-year agreement between ORR and nearly 100 legal organizations that provided free legal representation to unaccompanied minors in immigration proceedings.
How many children are affected by this change? More than 25 000 children are losing their previous legal protections as the federal contract ends, with approximately 26,000 young people expected to be impacted.
Why did ORR stop paying legal organizations? ORR halted payments after attorneys refused to hand over confidential details about the children that the agency had requested, citing attorney-client privilege.
What happens to children without legal representation? Without a lawyer, unaccompanied children win the right to stay in the United States less than 1% of the time, making deportation much more likely.
Is there a new contract being developed? ORR is exploring the possibility of establishing a new contract with different legal providers, though details remain unclear and transparency is limited.