Democrats Challenge HHS Over Legal Representation for Migrant Children

A group of 63 congressional Democrats is demanding answers from the Department of Health and Human Services (HHS) regarding the government's decision to terminate contracts with legal advocacy groups and award a new one to an organization that does not appear to have experience in legal services.

In a letter sent to HHS Secretary Robert F. Kennedy, Jr. and the director of the Office of Refugee Resettlement (ORR), lawmakers voiced significant concerns about the administration's vetting process for federal contracts intended to provide legal representation to unaccompanied migrant children. They stated they are "gravely concerned that ORR would entrust a vulnerable population with firms so plainly unqualified for the task."

The letter follows HHS's recent award of a $158 million no-bid contract to Our Rescue, an anti-human trafficking organization previously known as Operation Underground Railroad. This organization was founded by Tim Ballard, who resigned in 2023 amid allegations of misconduct, which he denied.

According to the lawmakers, Our Rescue "does not list legal services among its primary functions" and is unlikely to possess the necessary infrastructure and expertise to represent thousands of children across the country, as required by the Trafficking Victims Protection Reauthorization Act of 2008.

The congressional group also pointed to a separate, nearly awarded $150 million contract to Texas-based Burke Law Group, a small firm founded by a former Trump appointee. This firm withdrew its bid after facing scrutiny from lawmakers and advocacy groups for its lack of experience with migrant children's cases. The Democrats cited this withdrawal as further evidence of issues with the agency's contract award process.

"If ORR proceeds with this contract, ORR will be gambling with the legal fate of thousands of children on an organization that has not clearly demonstrated it can do this work," the lawmakers wrote, emphasizing the unique vulnerabilities and complex needs of unaccompanied minors.

Rep. Joaquin Castro stated that the administration has a "moral and statutory duty to provide them with quality legal representation." He added that previous actions by the Trump administration to cut out established providers jeopardized children's well-being.

Immigrant advocacy groups have alleged that unaccompanied children and their sponsors are facing increased scrutiny under the current administration's immigration policies. These groups report instances of children being pressured to accept self-deportation or appearing in court without legal counsel, despite federal mandates to provide attorneys.

Michael Lukens, executive director of the Amica Center for Immigrant Rights, which previously received funding through a terminated government contract, noted that nonprofit organizations are struggling to assist the growing number of unaccompanied children. He described the situation as an "unprecedented attack on immigrant children."

The Democrats' letter requested information from HHS and ORR regarding the contract with Our Rescue and whether additional contracts are planned to support migrant children. Neither HHS nor Our Rescue immediately responded to requests for comment from ABC News.