New York State Lawyer Basic, Letitia James, speaks throughout a information convention, to announce felony justice reform in New York Metropolis, U.S., Could 21, 2021.
REUTERS/Brendan McDermid, File
New York Lawyer Basic Letitia James on Thursday, July 17, joined a coalition of 19 different states in defending important authorized companies for unaccompanied Caribbean and different immigrant youngsters, a lot of whom fled violence, human trafficking, and different threats of their native international locations and haven’t any dad or mum or guardian in the USA to guard them.
In an amicus transient filed with the USA Court docket of Appeals for the Ninth Circuit, Lawyer Basic James and the coalition argue that federal legislation requires the federal authorities to make sure authorized illustration for these youngsters to the best extent practicable, and that slicing these companies will endanger weak youngsters who depend upon immigration legal professionals to entry housing, well being care, schooling and extra.
“Abandoning assist for kids who’ve come to America fleeing violence and abuse is unbelievably merciless,” mentioned Lawyer Basic James. “Everybody – regardless of who they’re – deserves authorized assist, particularly youngsters with out a dad or mum or guardian to depend on.
“Immigration legal professionals can assist youngsters get the well being care, housing, and schooling they want, and I’ll maintain preventing to make sure no youngster is left to fend for themselves,” she added.
In 2024, the USA Division of Well being and Human Providers (HHS) issued the Unaccompanied Kids Program Foundational Rule, which requires the Workplace of Refugee Resettlement (ORR) to fund authorized service organizations that present direct immigration authorized illustration for sure unaccompanied youngsters.
James mentioned the Trump administration’s cancellation of the federal contract that funds these authorized companies will jeopardize youngsters, together with 1000’s in New York, who’re going through the life-altering penalties of deportation alone and with none authorized assist.
Lawyer Basic James and the coalition argue that unaccompanied youngsters depend upon these companies to guard their rights and advocate for them as their immigration circumstances proceed.
“Kids with out authorized illustration are greater than twice as prone to be deported, and a current research indicated that almost all youngsters who have been granted aid in immigration courtroom (corresponding to asylum, withholding of removing, or different types of aid) have been represented by counsel,” the attorneys common say.
“In New York, stripping these authorized companies will impression 1000’s of kids,” they add, noting that ICare, one of many main suppliers of authorized companies for unaccompanied youngsters in New York, estimates that between 2021 and 2026, over 10,600 unaccompanied youngsters will arrive within the state and sure want authorized illustration.
Lawyer Basic James and the coalition say that the authorized help unaccompanied youngsters obtain can assist them entry well being care, housing, schooling, and a guardian to take care of them.
They are saying youngsters who’ve suffered abuse, abandonment, or neglect depend on immigration attorneys to assist them navigate youngster welfare proceedings and discover security and stability.
Lawyer Basic James and the coalition additionally argue that ORR’s motion in slicing off federal funds for authorized companies is illegal.
They notice that the Trafficking Victims Safety Reauthorization Act of 2008 (TVPRA) requires the federal authorities to make sure all unaccompanied immigrant youngsters have authorized counsel to the best extent practicable to characterize them, and shield them from mistreatment, exploitation, and trafficking.
The attorneys common say Congress has appropriated funding for these authorized companies, stating that “ORR’s motion right here unlawfully withholds them.”
Lawyer Basic James and the coalition request that the courtroom uphold a decrease courtroom’s choice to grant a preliminary injunction barring the Trump administration from slicing off assist for these “essential” authorized companies.
Becoming a member of Lawyer Basic James in submitting this transient are the attorneys common 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.
