Federal funding cut will leave unaccompanied children in immigration court vulnerable, advocates say

The Trump administration has made hundreds of Minnesota children more vulnerable to exploitation and deportation by canceling funding Friday for pro bono legal services to unaccompanied children in immigration proceedings, Minneapolis-based Advocates for Human Rights said.

The nonprofit organization, which has provided the service for three years in Minnesota, said the administration tried to stop the program in February before rescinding its stop-work order amid public pressure.

Another reversal is not expected this time. “That [funding] is just not going to be available, from our understanding,” said Kim Boche, a supervising attorney for the Advocates.

Unlike in criminal court, no one is entitled to an attorney in immigration proceedings because they are considered a civil matter.

“Forcing a child to navigate the complexities of the immigration system alone violates our core values that place the safety of children above other considerations,” said Michele Garnett McKenzie, the organization’s interim co-executive director. “No child should be expected to defend themselves in a system designed for trained attorneys.”

Unaccompanied children who enter the United States often do so to flee violence, abuse or gang recruitment, or to reunite with family members. When they encounter immigration officers, they are placed in a home rather than detention by the Office of Refugee Resettlement while the court proceedings play out.

About 1,000 unaccompanied children are placed in Minnesota homes every year, according to Boche.

The U.S. Department of Health and Human Services, which oversees the Office of Refugee Resettlement, did not immediately return a request for comment Friday.

The safety of children is not monitored by the federal government during placement, nor are their sponsors required to take them to court hearings, said Madeline Lohman, the organization’s outreach director.

Pro bono attorneys not only help the child navigate the court system and advocate for their legal status in the U.S., they can also often detect when children are being exploited at home, Boche said.

With legal representation, children are seven times more likely to obtain legal status, Boche said. Twice in the last two years, the organization identified two children who had been forced to quit school and work.

Boche said the Advocates will ask for pro bono assistance and private donations to continue working with the children it has already signed up. But taking on additional clients will be difficult.

The Advocates for Human Rights is one of 90 legal service providers helping more than 26,000 unaccompanied children nationwide.

When the Trump administration issued its stop-work order last month, more than 24,000 letters were sent to Congress to reverse the move, which came days later, according to the Washington-based Acacia Center for Justice.