Migrant Kids Face Deportation Risk as Legal Aid Deal Expires

The contract, which funded nonprofit organizations to provide legal representation for unaccompanied minors, lapsed at the end of July. Without it, children must rely on court-appointed advocates or appear before judges without any legal counsel, a situation immigration attorneys say severely hampers their ability to present a defense.

The affected children are part of a larger population of minors who crossed the U.S. border without a parent or guardian. Under federal law, they are entitled to a hearing, but not to a government-funded lawyer. The expired agreement had filled that gap for an estimated 26,000 children, covering legal screenings, case preparation, and representation in court.

Advocates warn that the lapse will likely lead to a surge in deportation orders for minors who cannot navigate the complexities of immigration law on their own. Many of these children have fled violence or persecution and may qualify for asylum, but without legal help, they often miss filing deadlines or fail to present sufficient evidence.

The expiration comes as immigration courts face a backlog of more than a million cases. Legal aid providers had been operating under the contract since 2021, and its renewal was stalled amid budget negotiations in Congress. The Department of Justice, which administered the program, has not announced a replacement or extension.

In the interim, some nonprofit groups say they will continue to offer pro bono services, but their capacity is limited. The result, they say, is that many children will be left to face a system that even trained lawyers find difficult to navigate.