Daijiworld Media Network - Washington
Washington, Aug 22: The Trump administration has dropped a plan to use military lawyers to provide legal representation to unaccompanied migrant children facing deportation, amid growing concerns over the government's handling of legal services for children in immigration proceedings.
The administration had explored using lawyers from the US military's Judge Advocate General (JAG) Corps as part of its efforts to address a widening gap in legal representation for migrant children. Earlier plans had also involved assigning military lawyers to immigration-related duties, including serving as temporary immigration judges and representing the government in cases involving detained migrant children.
The latest development comes after the federal government disrupted a longstanding system of federally funded legal services for unaccompanied children. The children, many of whom are facing deportation proceedings, rely heavily on attorneys to navigate complicated immigration laws and seek asylum or other forms of relief.
A network of nonprofit organisations had previously provided legal representation to thousands of unaccompanied migrant children. The Trump administration has moved to replace that system, including awarding a multimillion-dollar contract to new providers.
The administration recently awarded a contract worth up to $244 million to Our Rescue, a nonprofit organisation, to provide legal services to unaccompanied children. The move followed the withdrawal of Burke Law Group, a small Houston-based firm that had initially been selected for a contract but later declined to proceed.
The changes have generated concern among immigration lawyers and child-advocacy organisations, who say children could be left without adequate legal assistance at a critical stage of their immigration cases.
The issue became particularly urgent after a federal legal-services contract ended on July 31. Advocacy groups said some unaccompanied children subsequently appeared in immigration court without lawyers. In one recent case, a one-year-old child appeared before an immigration judge without legal representation and was instructed to file an asylum application before the next hearing or risk deportation.
Under US immigration law, unaccompanied migrant children do not generally have a constitutional right to government-appointed counsel in immigration court. However, Congress has directed the government to provide access to legal counsel for such children “to the greatest extent practicable”. Legal representation can significantly affect the outcome of immigration cases.
An American Immigration Council analysis cited in its assessment of the administration's policy found that people without legal representation were more than twice as likely to receive removal orders as represented immigrants between fiscal years 2019 and 2024. The difference was even greater among people held in detention.
The administration's broader use of military lawyers has separately drawn scrutiny. The Defense Department had been planning to involuntarily activate military lawyers for immigration duties, including temporary assignments as immigration judges. Recruitment emails had sought reserve military lawyers for such roles.
At least several military lawyers have since been seated as temporary immigration judges in Massachusetts following the removal or departure of immigration judges under the Trump administration. Legal observers have questioned whether military lawyers, who operate within a chain of command, can maintain the independence expected of immigration judges.
The administration's handling of legal representation for migrant children has therefore become part of a broader dispute over due process, immigration enforcement and the rapid expansion of deportation proceedings.
Advocacy groups warn that reducing access to experienced immigration attorneys could leave vulnerable children trying to defend themselves against government lawyers in complex proceedings, potentially increasing the risk of wrongful or premature deportations.