Attorney General Bonta Files Amicus Brief Opposing Trump Administration’s Efforts to Roll Back Legal Representation for Unaccompanied Children

OAKLAND — California Attorney General Rob Bonta today led a coalition of 20 attorneys general in filing an amicus brief in Community Legal Services in East Palo Alto, et al. vs. United States Department of Health and Human Services, et al., in support of a challenge to the Trump Administration’s abrupt termination of funding for legal services for unaccompanied immigrant children. In their brief, the attorneys general urge the Ninth Circuit Court of Appeals to affirm the preliminary injunction issued by the district court, arguing that the Trump Administration’s termination of federal funding for legal representation undermines the efforts of Amici States’ in ensuring the safety of unaccompanied children.

“As the People’s Attorney I am committed to protecting the safety, wellbeing, and rights of all children – including immigrant children – and ensuring that they have access to legal representation,” said Attorney General Bonta. “The Trump Administration’s attempt to roll back the rights of unaccompanied children not only undermines their safety but also increases the risk of legal complications, educational challenges, and other lasting harms.”

Attorney General Bonta and the multistate coalition have a strong interest in protecting the rights of unaccompanied immigrant children, as many of these children will eventually be released to sponsors in their states. In fiscal year 2024, approximately 10,800 unaccompanied children were released to sponsors in California — 11 percent of all unaccompanied children released to sponsors that year and the second-highest number of released children after Texas. These children become important members of their communities, students in their schools, and eventually, parents of their own families. Forcing these children to spend prolonged time in federal custody will make it more difficult for them to thrive in their communities upon release. A robust body of research shows that prolonged time in immigration custody is particularly harmful for children’s physical and mental health and disrupts their development.

In the amicus brief, the coalition urges the Ninth Circuit Court of Appeals to affirm the preliminary injunction issued by the district court, arguing that:

• Federal law recognizes the importance of providing legal representation to unaccompanied children in immigration proceedings.

• The termination of federal funding for legal representation for unaccompanied children will significantly increase the gaps in funding for legal services and legal service providers resulting in funding and staffing shortfalls.

• Unaccompanied children will experience various long-lasting harms without access to the multidisciplinary support and advocacy that legal representation provides.

In filing the amicus brief, Attorney General Bonta leads the attorneys general of Arizona, Colorado, Connecticut, Delaware, District of Columbia, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.

A copy of the brief can be found here.