A small law firm with ties to the Trump administration has declined a $150 million federal contract to represent migrant children who arrived in the U.S. alone. The decision came as another group, Our Rescue, was awarded up to $244 million in contracts to advocate for these children.
The Office of Refugee Resettlement, part of the Department of Health and Human Services, had announced plans to award the contract to Burke Law Group, a Houston-based firm with limited experience in immigration law. This move followed the expiration of a contract with the Acacia Center for Justice, which previously represented nearly 100 providers.
Burke Law Group stated on social media that it had considered applying for only a small portion of the contract but did not specify why it ultimately decided against it. The firm's founder, Marcella Burke, served in the Trump administration as a lawyer with the Environmental Protection Agency and the Department of the Interior. Justin Shubow, a supporter of former President Trump's architectural initiatives, and conservative legal scholar Ilya Shapiro are also associated with the firm.
Meanwhile, Our Rescue, formerly known as Operation Underground Railroad, received the larger contract. The organization gained prominence through the movie "Sound of Freedom." However, its former chief executive, Tim Ballard, resigned in 2023 amidst allegations of misconduct from women who accused him of exploiting his position. Derek Benner, Our Rescue's current CEO and a former official at U.S. Immigration and Customs Enforcement, expressed enthusiasm for the new assignment, stating the children "deserve nothing less than the full weight of our experience."
Unaccompanied migrant children in federal custody are currently being represented by another group, the U.S. Committee for Refugees and Immigrants, through a temporary $20 million contract. However, the long-term representation plan remains unclear, as the current contract is set to expire in December.
Legal service providers whose contracts expired have faced payment delays, leading some to sue the federal government. On August 6, a federal judge in California ordered the government to pay these providers. Attorneys for the providers have criticized the interim contract arrangements as insufficient to meet the legal and ethical obligations to represent the children.
As of the contract expirations, approximately 1,800 children were housed in shelters, and about 22,000 children facing deportation were living with sponsors such as family members. The Trafficking Victims Protection Reauthorization Act of 2008 mandates that the government provide legal representation for children in deportation proceedings.