Trump admin blocked from terminating legal aid for unaccompanied migrant minors

A federal judge in California has blocked the Trump administration from terminating funding for legal counsel for unaccompanied migrant minors. 

Appointed by former President Joe Biden, U.S. District Judge Araceli Martínez-Olguín of San Francisco issued a temporary restraining order on Tuesday that will stop the Trump administration from ending the funding while the merits of the underlying case play out. 

The Trump administration on March 21 terminated a contract with the Acacia Center for Justice, which provides legal services for unaccompanied migrant children under 18 through a network of legal aid groups that subcontract with the center. Eleven subcontractor groups sued, saying that 26,000 children were at risk of losing their attorneys; Acacia is not a plaintiff.

Those groups argued that the government has an obligation under a 2008 anti-trafficking law to provide vulnerable children with legal counsel.

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In her Tuesday order, Martínez-Olguín said that advocates had raised legitimate questions about whether the administration violated the 2008 law, warranting a return to the status quo while the case continues. 

“The Court additionally finds that the continued funding of legal representation for unaccompanied children promotes efficiency and fairness within the immigration system,” she wrote.

It is the third legal setback in less than a week for the Trump administration’s immigration crackdown, though all may prove temporary as the lawsuits advance. 

The Trafficking Victims Protection Reauthorization Act of 2008 created special protections for migrant children who cannot navigate a complex immigration system on their own. Plaintiffs said some of their clients are too young to speak and others are too traumatized and do not know English.

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Defendants, which include the Department of Health and Human Services and its Office of Refugee Resettlement, said that taxpayers have no obligation to pay the cost of direct legal aid to migrant children at a time when the government is trying to save money. 

Acacia is under a new contract with the government to provide legal orientations, including “know your rights” clinics.

The plaintiffs said they are not asking for the contract to be restored but instead want a return to the status quo – which is spending $5 billion that Congress appropriated so children have representation, Karen Tumlin with the Justice Action Center said at a court hearing Tuesday.

Jonathan Ross with the Department of Justice said the government is still funding legally required activities, such as the “know your rights” clinics, and that legal clinics can offer their services without charge.

“They’re still free to provide those services on a pro bono basis,” he said.

Martinez-Olguin’s order takes effect Wednesday morning and will last until at least April 16. 

The Associated Press contributed to this report.