Legal Aid Temporarily Restored to Migrant Children

 Posted on April 08, 2025 in English

As immigration laws continue to change at a dizzying pace, some federal judges are stepping forward to halt some of the most destructive moves by the federal government. A federal judge in California ordered the current administration to temporarily restore legal aid to migrant children in the U.S. without a parent or guardian on April 2.

It is estimated that there are as many as 26,000 of these vulnerable children. On March 21, a contract with the Acacia Center for Justice was terminated. Through a network of legal aid groups that subcontract with Acacia, legal services are provided for unaccompanied migrant children under the age of 18.

Unfortunately, the current order only runs through April 16. The original Trafficking Victims Protection Reauthorization Act of 2008 created protections for migrant children unable to navigate the complicated immigration system on their own, whether because they are too young to speak, too traumatized to speak, or do not speak English. The Act provided legal counsel to represent these children, protecting them from trafficking, exploitation, or mistreatment.  

Congress appropriated $5 billion for the contract, which Acacia and its subcontractors are asking to have restored. This is a very serious situation that requires sophisticated solutions rather than cuts to the few programs that help these children. Having a Herndon, VA immigration attorney who understands the issues and knows the recent changes to immigration laws can help you, regardless of what family immigration issue you are concerned about.  

Why Are Unaccompanied Minors in the U.S. Without Parents or Guardians?

Unaccompanied minors are in the U.S. on their own for a variety of reasons. Their parents may have sent them to the U.S. to protect them from violence, gangs, crushing poverty, or wars. They may have been sent to the U.S. to reunite with family members. Some enter America involuntarily as labor victims or sex trafficking victims. Because unaccompanied minors do not have the right to appointed counsel in immigration court, Acacia and its subcontractors have filled that void.

The majority of these unaccompanied minors come from El Salvador, Honduras, and Guatemala. Although 70 percent of these unaccompanied minors are between the ages of 15 and 17, the percentage of younger children continues to increase. A large number of these unaccompanied minors were forced to leave their homes and seek asylum, which is not a criminal offense. Children – no matter where they are from – have the right to live in a safe environment. Since many families become separated on the journey, the goal is to reunite as many as possible with their parents or other family members.

Are These Unaccompanied Children Reunited with Their Families?

Once an unaccompanied minor is apprehended at the border, he or she is transported to a Department of Homeland Security (DHS) or Customs and Border Protection (CBP) processing center and then referred to the Office of Refugee Resettlement (ORR) within 72 hours. The child remains in an ORR private shelter until released to an adult caregiver in the U.S.

The average time ORR care in 2021 was about 37 days, with 90 percent of the children reunified with a parent, family member, or qualified sponsor. About one percent are referred to the Long-Term Foster Care Program, while about ten percent are returned to their home country.

Contact a Fairfax County, VA Immigration Attorney

Whether you are a parent searching for your child, are worried about deportation, or have other family immigration issues, an experienced National Immigration attorney from Immigration Legal Advisors, PLLC is ready to help you. We are a supportive, full-service law firm with more than 20 years of experience. To schedule a consultation with our attorney, call 571-441-2233. We speak English and Spanish.