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Groups working with migrant kids back in court as case over federal legal aid program continues

Unaccompanied children in the custody of the U.S. Border Patro
Jaime Rodriguez Sr./U.S. Customs and Border Patrol
Unaccompanied children in the custody of the U.S. Border Patrol in Texas on March 17, 2021.

Aid groups that provide legal services to immigrant children alone in the U.S. say the government has failed to pay them since December.

A congressionally approved federal program has for years provided funding for a handful of legal groups representing immigrant kids in Arizona and elsewhere.

The Trump administration ended that program in the spring of last year, and legal groups sued to stop that effort, citing a U.S. trafficking law that requires the government to ensure unaccompanied children receive counsel in immigration court proceedings.

A court order ruling in their favor restarted the federal funding soon after. But attorneys say despite the order, the groups haven’t been paid at all so far this year.

Esther Sung is the legal director of the Justice Action Center, one of the groups behind the suit.

“They’re looking at furloughs, or laying off staff, and also trying to find other representation for these kids because they don’t have the funding to keep providing services,” she said. “Basically the plaintiff organizations have been providing legal services, sending out their attorneys to meet with kids and to represent them in federal court without getting a single cent from the federal government.”

Sung says the groups brought the case back to court this month after negotiations with the government failed. In a hearing this week, District Judge Araceli Martínez-Olguín gave parties seven days to confer with each other and provide more evidence for the court.

The Department of Justice did not respond to a request for comment about the case, but in court filings, government attorneys argue funding is being held back only while billing details from the groups are verified.

More Immigration News

Alisa Reznick is a senior field correspondent covering stories across southern Arizona and the borderlands for the Tucson bureau of KJZZ's Fronteras Desk.