Judge rules Trump administration to reinstate legal aid for migrant children

Apr 2

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Craig Nigrelli Anchor/Reporter

By Craig Nigrelli (Anchor/Reporter), Jodie Hawkins (Senior Producer), Shianne DeLeon (Video Editor)

A federal judge ordered the Trump administration to reinstate legal funding for migrant children. The order temporarily blocks a funding cut that could have left many children without legal representation in immigration proceedings.
Nonprofit groups argued that the funding cut would leave children vulnerable to deportation, citing a 2008 anti-human trafficking law that requires the government to provide legal representation to minors “to the greatest extent practicable.”
The court’s order will expire on April 16, with a final decision to follow, while the Department of Health and Human Services has yet to comment on the ruling.

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A federal judge ordered the Trump administration to reinstate legal funding for migrant children who come to the United States alone. The ruling, issued Wednesday, April 2, temporarily blocks the administration’s order from last month.

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What is the response to the judge’s order?

Nonprofit groups said the funding cut could cause thousands of children to lose access to their attorneys. The groups said this gives children a disadvantage in immigration proceedings, making them more likely to be deported.

The government argued that the funding was discretionary and not required to give the children legal representation.

But the judge said ending the funding meant the government potentially violated its duty to protect children from human trafficking.

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The nonprofits cited a 2008 anti-human trafficking law, which states the government must, to the “greatest extent practicable,” provide legal representation to minors.

According to the groups’ complaint, children represented by the nonprofits arrived in the U.S. to escape violence and poverty and most don’t speak English and can’t afford hiring a lawyer.

How many migrant children attend court hearings?

Children who have lawyers attend hearings 95% of the time, while those without representation attend only 33% of the time, according to the American Immigration Council.

What happens next?

The Department of Health and Human Services, which oversees the care of migrant children, has yet to comment on the temporary ruling.

The order will expire on April 16, followed by a final decision by the court.

Tags: Government funding, Migrant children, migrants, Trafficking

[Craig Nigrelli}

A FEDERAL JUDGE ORDERED THE TRUMP ADMINISTRATION TO REINSTATE LEGAL FUNDING FOR MIGRANT CHILDREN WHO COME TO THE U-S ALONE.

THE RULING WEDNESDAY, TEMPORARILY BLOCKS THE ADMINISTRATION’S ORDER FROM LAST MONTH.

NON-PROFIT GROUPS SAID THE FUNDING CUT COULD CAUSE THOUSANDS OF CHILDREN TO LOSE ACCESS TO THEIR ATTORNEYS, GIVING THEM A DISADVANTAGE IN IMMIGRATION PROCEEDINGS AND MORE LIKELY TO GET DEPORTED.

THE GOVERNMENT ARGUED THE FUNDING WAS DISCRETIONARY AND IT WAS NOT REQUIRED TO PROVIDE THE CHILDREN WITH LEGAL REPRESENTATION.

BUT THE JUDGE SAID ENDING THE FUNDING MEANT THE GOVERNMENT POTENTIALLY VIOLATED ITS DUTY TO PROTECT CHILDREN FROM HUMAN TRAFFICKING.

THE NON-PROFITS CITED A 2008 ANTI-HUMAN TRAFFICKING LAW, WHICH STATES THE GOVERNMENT MUST, TO THE “GREATEST EXTENT PRACTICABLE,” PROVIDE LEGAL REPRESENTATION TO MINORS.

ACCORDING TO THE GROUPS’ COMPLAINT, CHILDREN REPRESENTED BY THE NONPROFITS ARRIVED IN THE U-S TO ESCAPE VIOLENCE AND POVERTY – AND MOST DON’T SPEAK ENGLISH AND CAN’T AFFORD HIRING A LAWYER.

CHILDREN WHO HAVE LAWYERS ATTEND HEARINGS 95 PERCENT OF THE TIME, WHILE THOSE WITHOUT REPRESENTATION ATTEND ONLY 33 PERCENT OF THE TIME, ACCORDING TO THE AMERICAN IMMIGRATION COUNCIL.

THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, WHICH OVERSEES THE CARE OF MIGRANT CHILDREN, HAS YET TO COMMENT ON THE TEMPORARY RULING.

THE ORDER WILL EXPIRE ON APRIL 16TH FOLLOWED BY A FINAL DECISION BY THE COURT.

FOR SAN, I’M CRAIG NIGRELLI.

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