More than 4,000 unaccompanied immigrant children in California, who crossed the border alone and have pending immigration cases, may now lose their existing pro-bono legal representation. This is due to a disagreement on the terms of a longstanding government contract that led to its termination.
Background
Since the Trafficking Victims Protection Reauthorization Act was passed in 2008, unaccompanied minors – up to the age of 18 – have been offered government-funded legal counsel “to the greatest extent practicable.” After crossing the border, the minors are generally transferred from Department of Homeland Security custody to the Office of Refugee Resettlement and given support from a network of some 100 legal groups.
Under a longstanding arrangement, the Acacia Center for Justice, a nonprofit, distributed government funds to subcontracting legal service providers. However, the federal government stopped paying Acacia last November, citing a need for detailed information about children’s cases, including their legal strategy, forms of relief sought, and other information that falls within the ambit of attorney-client privilege.
Concerns and Consequences
Attorneys involved in working with unaccompanied immigrant children have expressed concerns about the new contract awarded to a Texas law firm without expertise in immigration law or representing children. The contract covers migrant children in shelter, not those in foster care or in the community, and its terms regarding confidentiality are unclear.
Many of these children are fleeing traumatic events such as sexual assault, physical violence, and trafficking across the border. They require trauma-informed services, which may not be provided by the new firm. Without proper legal representation, these children may struggle to share information about their experiences, a necessary step in applying for immigration relief.
Original reporting: Mission Local — read the source article.