Padilla, Colleagues to Trump Administration: Ensure Legal Representation for Children in Immigration System
WASHINGTON, D.C. — U.S. Senator Alex Padilla (D-Calif.), Ranking Member of the Senate Judiciary Immigration Subcommittee, demanded the Trump Administration protect Congressionally mandated legal representation for unaccompanied children in the immigration system. The letter comes in response to the Trump Administration’s stop work order last month to organizations that provide legal services for unaccompanied children. Last week, following public pressure, the order was rescinded, however confusion and uncertainty still remains.
Padilla joined 31 other Senators in demanding that Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr. and Secretary of the Interior Doug Burgum continue legal services for unaccompanied children involved in immigration proceedings as required by law. The termination of legal services for unaccompanied children violates the Trafficking Victims Protection Reauthorization Act (TVPRA) and risks the safety of 26,000 unaccompanied children to trafficking, exploitation, and other harm.
“Cutting off access to legal services makes it more likely that the government will lose track of unaccompanied children, given the challenges such children would face in independently appearing for immigration court hearings, submitting address updates, or otherwise communicating with immigration authorities,” wrote the Senators. “Not only will this make children more vulnerable to trafficking, but it will also create further inefficiencies in an already backlogged immigration court system.”
“Every day without access to counsel is another day in which vulnerable children face grave danger by human traffickers, abusers, or other bad actors, without an advocate at their side,” continued the Senators.
Access to legal services, including representation, is essential for providing unaccompanied children fairness in the legal process. Without an attorney, many of these children face enormous roadblocks to advocate for themselves in a challenging immigration system because of their age, development, and language barriers.
The TVPRA was passed by Congress in a bipartisan manner in 2008 and requires the Department of Health and Human Services (HHS) to provide counsel for unaccompanied children as much as possible by representing them in legal proceedings and protecting them from exploitation and abuse.
Padilla signed the letter, led by Senators Jon Ossoff (D-Ga.) and Mazie Hirono (D-Hawaii), along with Senators Tammy Baldwin (D-Wis.), Michael Bennet (D-Colo.), Richard Blumenthal (D-Conn.), Lisa Blunt Rochester (D-Del.), Cory Booker (D-N.J.), Chris Coons (D-Del.), Catherine Cortez Masto (D-Nev.), Tammy Duckworth (D-Ill.), Dick Durbin (D-Ill.), Martin Heinrich (D-N.M.), John Hickenlooper (D-Colo.), Mark Kelly (D-Ariz.), Andy Kim (D-N.J.), Angus King (I-Maine), Amy Klobuchar (D-Minn.), Edward J. Markey (D-Mass.), Jeff Merkley (D-Ore.), Patty Murray (D-Wash.), Gary Peters (D-Mich.), Jacky Rosen (D-Nev.), Bernie Sanders (I-Vt.), Adam Schiff (D-Calif.), Jeanne Shaheen (D-N.H.), Chris Van Hollen (D-Md.), Reverend Raphael Warnock (D-Ga.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), Sheldon Whitehouse (D-R.I.), and Ron Wyden (D-Ore.).
Senator Padilla is a leading voice in Congress opposing President Trump’s anti-immigrant actions and rhetoric. He sharply criticized Trump’s harmful executive orders targeting immigrants at the start of his second Administration. Last week, Padilla denounced Trump’s transfer of immigrants from the United States to Guantánamo as unlawful and demanded answers regarding these transfers. He also condemned the Trump Administration’s intended use of Bureau of Prisons (BOP) facilities to detain immigrants as part of President Trump’s mass deportation plan. Additionally, Padilla cosponsored the Born in the USA Act to effectively block the implementation of Trump’s unconstitutional executive order attempting to end birthright citizenship for certain children born in the United States, or a similar subsequent executive order. Last year, Padilla emphasized the dangers and immense economic costs of the Trump Administration’s mass deportation plans during a Senate Judiciary Committee hearing.
Earlier this year, Senator Padilla introduced the Access to Counsel Act to ensure that U.S. citizens, green card holders, and other individuals with legal status can consult with an attorney, relative, or other interested parties to seek assistance if they are detained by Customs and Border Protection (CBP) for more than an hour at ports of entry, including airports.
Full text of the letter is available here and below:
Dear Secretary Kennedy and Secretary Burgum:
We write to express our strong opposition to the February 18, 2025 stop work order issued regarding your agencies’ contract for the provision of legal services for unaccompanied children. Although the order has now been rescinded, we are concerned about the chaos and confusion it caused for legal services providers and the children they serve. Any disruption to services for unaccompanied children is alarming, particularly in light of recent reports of the administration’s intent to place unaccompanied children into removal proceedings.
Pausing or terminating the provision of legal services to unaccompanied children under this contract runs directly counter to the requirements of the Trafficking Victims Protection Reauthorization Act (TVPRA) and places 26,000 unaccompanied children at increased risk of trafficking, exploitation, and other harm. The TVPRA, passed by Congress in 2008 on a bipartisan basis, requires the Department of Health and Human Services (HHS) to ensure, to the greatest extent practicable, that all unaccompanied children have counsel to represent them in legal proceedings and protect them from mistreatment, exploitation, and trafficking. Shirking this statutory mandate heightens the risk of harm for these uniquely vulnerable children.
Access to legal services often provides unaccompanied children their only hope for a fair legal process. Unaccompanied children’s age, developmental stage, and communication and comprehension constraints make it virtually impossible for them to effectively navigate the complex and adversarial immigration system without an attorney at their side. The government-funded legal services provided under this contract are, in many cases, the only thing preventing a two or three-year-old unaccompanied child from facing court proceedings alone against a government attorney seeking their deportation.
Attorneys are vital to unaccompanied children’s comprehension of and compliance with immigration requirements and processes. From fiscal year (FY) 2005 through June of FY 2019, 98 percent of juveniles placed in removal proceedings who were represented by a lawyer appeared for their hearings. Cutting off access to legal services makes it more likely that the government will lose track of unaccompanied children, given the challenges such children would face in independently appearing for immigration court hearings, submitting address updates, or otherwise communicating with immigration authorities. Not only will this make children more vulnerable to trafficking, but it will also create further inefficiencies in an already backlogged immigration court system. Moreover, attorneys help children understand their options and are often in a position to facilitate prompt voluntary departures, where appropriate.
For these reasons, we urge you to publicly commit to maintaining this contract. We further request a briefing about why the contract was paused and your plan for compliance with your statutory mandate to ensure that children have counsel in immigration proceedings.
Every day without access to counsel is another day in which vulnerable children face grave danger by human traffickers, abusers, or other bad actors, without an advocate at their side. Thank you for your consideration of this critical issue.
Sincerely,
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