Federal Judge Orders Discussions on Funding for Legal Aid to Migrant Children
A federal judge in California has granted Estrella del Paso and other nonprofits that provide legal representation to unaccompanied migrant children a week to negotiate with the federal government regarding hundreds of thousands of dollars they claim are owed. This development comes as the Catholic Diocese of El Paso ministry announced it is withholding over $765,000 in restitution payments from the U.S. Department of Health and Human Services for children within the immigration system.
Judge Highlights Noncompliance with Funding Injunction
During a virtual hearing, U.S. District Judge Araceli Martinez-Holguin noted that it appears the government is not complying with a preliminary injunction issued in April 2025, which mandated continued funding for the legal representation of unaccompanied migrant children. This injunction was sought by the Trump administration, aiming to halt such funding. The judge urged the plaintiffs’ lawyers to clearly articulate the details of their case in writing, emphasizing the importance of establishing whether they should pursue a contempt of court charge against HHS for alleged violations of the injunction.
Ensuring Government Compliance
Martinez-Holguin expressed the intention to maintain a status quo that guarantees the government’s compliance is “abundantly clear,” reassuring the plaintiffs that their concerns are being closely monitored. The judge’s ongoing attention to the situation signals a critical stance on the issue of legal aid for minors in immigration proceedings.
Legal Funding Cuts Raise Concerns
The April 2025 injunction indicated that funding reductions by the Office of Refugee Resettlement (ORR), the body responsible for unaccompanied migrant children under HHS, violate the Trafficking Victims Protection Reauthorization Act, which grants essential protections for unaccompanied minors. In a lawsuit filed on July 1, Estrella del Paso, along with several other immigrant rights organizations, sought a court order mandating the government to explain why it should not face civil contempt charges.
Dire Consequences of Funding Withdrawal
Melissa López, Executive Director of Estrella del Paso, expressed grave concerns about the potential consequences of funding cuts, warning that “the government’s deportation machinery will run out of control.” At a press conference prior to the hearing, López highlighted the severe impact on the vulnerable populations they serve.
Cases of Young Migrants Reflect Dire Needs
López also outlined the broad scope of Estrella del Paso’s work, indicating that while many clients are teenagers, the organization has represented children as young as eight months. She recounted a poignant incident involving a seven-year-old boy who sought asylum with a stuffed animal in hand, underscoring the emotional toll such cases take on the young migrants. López noted that Estrella del Paso, which has been in operation for roughly 40 years and manages about 40,000 immigration cases annually, has had to suspend accepting new minor clients and is currently depleting its financial reserves.
Federal Government’s Response to Allegations
The Department of Health and Human Services did not provide comments on the situation. Previously, the Trump administration contended that federal payments for legal support to unaccompanied migrant children are not obligatory. In its response to questions of contempt, the federal government claimed it had not violated the injunction, asserting that its intentions were aligned with good faith efforts and compliance with Federal Contracting Regulations.
Continued Challenges Faced by Immigrant Advocacy Organizations
Chiqui Sanchez Kennedy, executive director of the Galveston-Houston Immigrant Representation Project, conveyed the struggles faced by organizations like hers, indicating exhaustion among staff and highlighting the detrimental impact on children. She described the distressing realities children endure, with some resorting to self-harm due to anxiety and fear. Kennedy also noted that Texas has become the “epicenter” of arrests carried out by ICE, which targets not only children in custody with the ORR but also their parents, exacerbating the trauma experienced by these vulnerable families.
