Legal Representation Crisis for Migrant Children in the U.S.

On July 31, 2026, children were seen outside the immigration court at the Jacob K. Javits Federal Building in New York City. Approximately 26,000 unaccompanied children who entered the U.S. face the risk of losing independent legal representation soon, according to legal professionals advocating for them.

For over twenty years, U.S. laws have mandated protection for these children due to concerns of exploitation, abuse, or trafficking. Upon arrival without guardians, they are generally placed under the care of the Office of Refugee Resettlement (ORR). Legal services for these children are provided by a network of nearly 100 groups funded by Congress. However, ORR stopped funding these services in November when lawyers refused to divulge confidential information about the children, citing attorney-client privilege.

“The government is withholding payment for work that has already been performed in order to extract confidential information about kids, information the government has no right to,” according to a statement from Acacia Center for Justice, which manages the legal services contract with ORR.

The contract with the legal providers expired without renewal, leaving children potentially to represent themselves in court. Alexa Sendukas of the Galveston-Houston Immigrant Representation Project warned that many children without legal assistance might face deportation.

Statistics show that unaccompanied children have less than a 1% chance of staying in the U.S. without legal representation. Sendukas expressed concern that returning the children to dangerous environments could result in fatalities.

Legal nonprofits have sued the government to reclaim the $65 million owed for services provided, seeking continued payment for further assistance. Some legal service providers, like ProBAR, have downsized due to the funding cut. ProBAR, associated with the American Bar Association, laid off over 20% of its staff.

ORR informed Acacia of a prospective new contract but failed to provide details. Bettina Rodriguez Schlegel of Acacia expressed uncertainties surrounding the situation.

Neither ORR nor the White House responded to inquiries from NPR about these developments. Data from June revealed nearly 1,800 children in ORR custody, which have been held for an average of 194 days before being released to sponsors. This duration is deemed excessively long and harmful to the children’s well-being.

For years, the legal network has conducted informational presentations for arriving children, outlining their legal rights and eligibility for services. Children affected by trafficking or abuse receive special protections. Due to the funding halt, some services will no longer be available.

Mickey Donovan of Immigrant Defenders Law Center emphasized their ethical obligation to continue representing children despite funding issues, pledging to be present in court to support them.