Source: US Congressman Dan Goldman (NY-10)
Defunding of Bipartisan Program Forces 26,000 Unaccompanied Children to Navigate Immigration System Alone
Move Leaves Children as Young as 2 Open to Abuse, Human Trafficking and Other Bad Actors
Washington, DC – Congressmen Dan Goldman (NY-10) and Congressman Jason Crow (CO-06) led 96 of their colleagues in sending a letter to Health and Human Services Secretary Robert F. Kennedy Jr. and Interior Secretary Doug Burgum urging them to immediately reinstate legal services for over 26,000 unaccompanied migrant children in the United States.
The Trump administration’s decision effectively denies tens of thousands of unaccompanied minors, many as young as two or three, a fair legal process and leaves them far more vulnerable to abuse, human trafficking, and harm.
“We write with great concern over the Administration’s decision to eliminate key federally-funded legal services for over 26,000 unaccompanied children in the United States. We urge immediate and full reinstatement of these services under the federal contract that provides for this longstanding, bipartisan program. The safety of these children hangs in the balance,” the Members wrote.
Eliminating legal services for unaccompanied minors is in clear violation of the Trafficking Victims Protection Reauthorization Act (TVPRA), a bipartisan law mandating the Department of Health and Human Services (HHS) provide all unaccompanied children who are or were in HHS custody with proper legal representation to the greatest extent practicable.
“As the TVPRA reflects, it is all but impossible for these children – one of the world’s most vulnerable groups – to receive a fair legal process in complex and adversarial immigration proceedings without legal representation. The termination of services means that all too many two- and three-year-old children who do not comprehend what those proceedings even are will nonetheless face them alone,” the Members continued.
Attorneys play a critical role in safeguarding unaccompanied minors from trafficking and exploitation–notifying authorities of abuse, addressing safety needs, and investigating and prosecuting perpetrators. Eliminating legal services removes these safeguards and opens up unaccompanied minors to widespread harm. Additionally, attorneys make the immigration system far more efficient by lowering the number of required court hearings and expediting voluntary removal proceedings.
“With the safety of over twenty-six thousand unaccompanied children against traffickers, abusers, and other bad actors on the line, prompt renewal is imperative. Thank you for your consideration of this pressing matter,” the Members concluded.
Congressman Dan Goldman has worked tirelessly to ensure unaccompanied minors receive proper legal representation when navigating the U.S. immigration system.
We write with great concern over the Administration’s decision to eliminate key federally-funded
legal services for over 26,000 unaccompanied children in the United States. We urge immediate
and full reinstatement of these services under the federal contract that provides for this
longstanding, bipartisan program. The safety of these children hangs in the balance.
Cancellation of vital legal services for unaccompanied children squarely conflicts with the
Trafficking Victims Protection Reauthorization Act (TVPRA). That Act, which passed Congress
on an overwhelmingly bipartisan basis, mandates that the Department of Health and Human
Services (HHS) ensure counsel to the greatest extent practicable for unaccompanied children
who are or were in HHS custody to “represent them in legal proceedings or matters and protect
them from mistreatment, exploitation, and trafficking.” Stripping away attorneys from children
in local communities will have the opposite effect as Congress directed and intended.
As the TVPRA reflects, it is all but impossible for these children – one of the world’s most
vulnerable groups – to receive a fair legal process in complex and adversarial immigration
proceedings without legal representation. The termination of services means that all too many
two- and three-year-old children who do not comprehend what those proceedings even are will
nonetheless face them alone.
The TVPRA also recognizes the critical importance of legal services to safeguarding
unaccompanied children from trafficking and exploitation. Attorneys help identify indicators of
such mistreatment in the first place, notify authorities as appropriate, and address immediate
safety needs. Importantly, attorneys can aid children in serving as victim-witnesses in the
investigation and prosecution of perpetrators. In many cases, unaccompanied children’s attorneys
may be the only adults to whom those children feel safe disclosing information about abuse and
other harm. Hollowing out the legal services contract therefore renders unaccompanied children
significantly more vulnerable to human traffickers and other bad actors.
As the Trump Administration moves to place unaccompanied children into removal proceedings
on a substantially expanded scale,1 it is important to emphasize that attorneys are necessary to
ensure that those children understand and meet associated legal requirements. Lacking counsel,
many children will be unable to comprehend Notices to Appear for immigration court or how,
when, and where to make their appearances. By contrast, 98 percent of migrant children with
attorneys show for their hearings.2 Attorneys also ensure that unaccompanied children submit
address update forms to the immigration court system and other immigration agencies upon
changes of residence so that those agencies can properly send notifications to and remain in
communication with these children.
Amid a deeply backlogged immigration court system, attorneys cut down on the volume of
needed court hearings and furnish explanations to children that optimize the efficiency of those
hearings and other legal processes. Similarly, when unaccompanied children wish to return to
their countries of origin, attorneys help them expeditiously undergo voluntary departure. Absent
legal representation, such children may instead remain in the United States at length.
We are gravely concerned that, despite the above considerations, the Administration recently
terminated in substantial part the legal services contract for unaccompanied children, including
the contract’s provision of legal representation to children otherwise on their own. With the
safety of over 26,000 unaccompanied children against traffickers, abusers, and other bad actors
on the line, prompt and full reinstatement of services under this contract is imperative. Thank
you for your consideration of this pressing matter.
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