Attorney General James Defends Critical Immigration Services for Unaccompanied Children

NEW YORK – New York Attorney General Letitia James today joined a coalition of 19 other states in defending essential legal services for unaccompanied immigrant children, many of whom fled violence, human trafficking, and other threats in their native countries and have no parent or guardian in the United States to protect them. In an amicus brief filed with the United States Court of Appeals for the Ninth Circuit, Attorney General James and the coalition argue that federal law requires the federal government to ensure legal representation for these children to the greatest extent practicable, and that cutting these services will endanger vulnerable children who depend on immigration lawyers to access housing, health care, education, and more.

“Abandoning support for children who have come to America fleeing violence and abuse is unbelievably cruel,” said Attorney General James. “Everyone – no matter who they are – deserves legal help, especially children without a parent or guardian to rely on. Immigration lawyers can help children get the health care, housing, and education they need, and I will keep fighting to ensure no child is left to fend for themselves.”

In 2024, the United States Department of Health and Human Services (HHS) issued the Unaccompanied Children Program Foundational Rule, which requires the Office of Refugee Resettlement (ORR) to fund legal service organizations that provide direct immigration legal representation for certain unaccompanied children. The Trump administration’s cancellation of the federal contract that funds these legal services will jeopardize children, including thousands in New York, who are facing the life-altering consequences of deportation alone and without any legal help.

Attorney General James and the coalition argue that unaccompanied children depend on these services to protect their rights and advocate for them as their immigration cases proceed. Children without legal representation are more than twice as likely to be deported, and a recent study indicated that nearly all children who were granted relief in immigration court (such as asylum, withholding of removal, or other forms of relief) were represented by counsel.

In New York, stripping these legal services will impact thousands of children. ICare, one of the main providers of legal services for unaccompanied children in New York, estimates that between 2021 and 2026, over 10,600 unaccompanied children will arrive in the state and likely need legal representation. Attorney General James and the coalition note that the legal assistance unaccompanied children receive can help them access health care, housing, education, and a guardian to care for them. Children who have suffered abuse, abandonment, or neglect rely on immigration attorneys to help them navigate child welfare proceedings and find safety and stability.

Attorney General James and the coalition also argue that ORR’s action cutting off federal funds for legal services is unlawful. The Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) requires the federal government to ensure all unaccompanied immigrant children have legal counsel to the greatest extent practicable to represent them and protect them from mistreatment, exploitation, and trafficking. Congress has appropriated funding for these legal services, and ORR’s action here unlawfully withholds them. Attorney General James and the coalition are requesting that the court uphold a lower court’s decision to grant a preliminary injunction barring the Trump administration from cutting off support for these critical legal services.

Joining Attorney General James in filing this brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Vermont, Washington, and the District Of Columbia.