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Children Left Without Legal Representation In Immigration Court

U.S. Marines install barbed wire along the border fence Friday, Jan. 31, 2025, in San Diego. (AP Photo/Jae C. Hong)

Children as young as 2 years old are facing immigration court hearings without legal representation following the suspension of a key program by the Trump administration. The program, which provided legal services for unaccompanied children entering the U.S., was abruptly halted, leaving thousands of vulnerable children at risk.

Immigration attorneys and organizations assisting these children expressed deep concern over the sudden stop-work order on a $200 million contract that provided crucial legal support. The suspension has left many children, including toddlers, without anyone to advocate for them in court or explain the complex legal processes they face.

The Interior Department issued the stop-work order without providing a clear explanation, causing confusion and distress among those involved in helping these children. The Department of Health and Human Services, responsible for unaccompanied migrant children, did not offer any comments on the matter.

At a recent immigration court hearing in San Diego, a 5-year-old girl from Mexico appeared without legal representation, facing deportation alongside her siblings. The judge, acknowledging the children's predicament, recommended a nonprofit organization for guidance but highlighted the diminishing options for affordable legal assistance due to the program's suspension.

The program, managed by Acacia Center for Justice and its network of organizations, provided direct legal representation to thousands of migrant children and legal advice to many more. The sudden suspension has raised concerns about the fate of these children within the immigration court system.

While children facing deportation do not have the same right to representation as in criminal courts, special protections under the Trafficking Victims Protection Act of 2008 emphasize the need for legal assistance for unaccompanied children in deportation proceedings.

Advocates and experts warn that without legal representation, children may face prolonged stays in the system or risk falling off the grid entirely. Organizations like Estrella del Paso in Texas, which received funding through the suspended program, are grappling with the ethical obligation to continue assisting the children they represent.

The uncertainty surrounding the program's suspension has left many children navigating the immigration court system alone and uninformed, raising significant concerns about their well-being and legal rights.

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