Thousands of unaccompanied migrant children may soon lose access to legal representation as federal contracts with nonprofit groups expire at the end of the week. Advocates and immigration lawyers warn that the expiration, coupled with $65 million in allegedly withheld federal fees, could lead to a collapse of the fragile legal support network.
The Acacia Center for Justice, which became the prime contract holder with the U.S. Department of Health and Human Services for the Unaccompanied Children Program in December 2023, oversees subcontracts with over 100 service providers. These organizations represent more than 20,000 unaccompanied migrant minors.
Legal service providers filed an emergency motion in federal court last week, seeking to compel the government to resume payments for services rendered. They claim the administration is withholding funds, alleging it's an effort to force them to disclose confidential information about the children they represent. In court filings, the groups stated that the Office of Refugee Resettlement (ORR) is demanding "client-level data that is confidential and legally privileged."
According to the motion, the withholding of payments has already led to furloughs and is on the brink of causing irreparable harm to the network. Organizations report being unable to take on new cases, retain experienced staff, or maintain institutional knowledge. Some providers, like Estrella del Paso in Texas, face potential closure after 40 years in operation, having not been reimbursed for up to $765,000 in federal payments.
A spokesperson for HHS stated that ORR offered Acacia a new federal contract contingent on providing data on who they represent and billing for immigration relief applications, which Acacia reportedly refused. However, the legal service providers maintain that the demanded data is confidential and privileged.
Jennifer Podkul, Chief of Global Policy and Advocacy for Kids in Need of Defense, indicated her organization is owed more than $25 million and has depleted its reserves, forcing difficult decisions about which cases to continue representing. "We have spent 20 years building this institutional knowledge that we are going to lose on Friday," the group said in a statement. "The government is trying to eliminate our work and this program because they know that without attorneys, children will be deported."
A federal judge has scheduled a hearing for August 6 regarding the emergency motion. The current contracts are set to expire on July 31.