In a move that critics say undermines the legal rights of unaccompanied immigrant children, Health and Human Services Secretary Robert F. Kennedy Jr. has created a new division within the department's general counsel's office to represent these minors in deportation proceedings. The “Unaccompanied Alien Children Representation Division,” announced in a Federal Register notice on September 29, will effectively put government lawyers on both sides of the courtroom, representing the children while the government also seeks their removal.
Immigration courts are civil proceedings, so the Sixth Amendment right to counsel does not apply. However, Congress acknowledged the need for legal representation in the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, which directs HHS to ensure, “to the greatest extent practicable,” that unaccompanied children have access to counsel. For decades, HHS contracted with independent legal service providers, such as the Acacia Center for Justice, to provide representation and know-your-rights briefings.
But last November, the Trump administration stopped paying many of these nonprofits, especially those that refused to hand over confidential client information. Now, the new HHS division will handle cases, alongside a controversial $158 million sole-source contract awarded to OUR Rescue, an organization founded by a former Trump advisor and associated with the film “Sound of Freedom.” OUR Rescue is not a law firm and has no immigration expertise. Another no-bid contract went to the Burke Law Group, an energy law firm whose principal worked in the first Trump administration.
Legal experts argue that having the government represent children while also prosecuting their removal creates an inherent conflict of interest. “It's a farce,” said one immigration attorney. “You can't zealously advocate for a child's right to stay while your employer is simultaneously trying to deport them.” The dual role also violates professional conduct rules against conflicts of interest, confidentiality breaches, and allowing third-party payers to direct legal judgment. Children, especially toddlers, cannot give informed consent to such arrangements.
Statistics show that represented children face a deportation rate of just 12%, compared to over 80% for those without counsel. Yet, increasingly, children as young as two are appearing in court alone, unable to understand charges or articulate claims for asylum. Courtroom observers have described toddlers playing with microphones and crying as judges try to conduct proceedings.
The Acacia Center for Justice has filed a bid protest, but the administration's move is part of a broader pattern of accelerating deportations. Recent changes to refugee appeals have similarly curtailed legal recourse. Critics say this latest action strips away the last vestiges of due process for the most vulnerable.
“The true character of a society is revealed in how it treats its children,” said Nelson Mandela. By that measure, the Trump administration is failing abjectly. As the administration pushes forward with mass deportations, the new division raises serious ethical questions about the integrity of the legal process for immigrant children.
