Over half of children in immigration courts lack legal representation as Trump aid cuts threaten thousands more

An analysis of Department of Justice data reveals that 57% of the 751,861 children facing pending deportation cases lack legal representation. This deficit is poised to worsen as the Trump administration prepares to terminate a federal contract on July 31, 2026, that provides legal counsel to over 20,000 unaccompanied children. Additionally, officials are withholding $65 million in legal reimbursements unless non-profits disclose sensitive client data. While advocates warn these measures will accelerate deportations and strip children of due process, the Department of Homeland Security maintains that all individuals receive full due process.

Children lacking immigration lawyers

• ▪The 751,861 children with pending removal cases include both accompanied and unaccompanied children, with unaccompanied children having specific federal protections under the Trafficking Victims Protection Reauthorization Act
• ▪An analysis of Department of Justice data by the Vera Institute of Justice shows that 57 percent, or 425,093, of the 751,861 children with pending removal cases do not have legal representation

Trump administration deportation policies

• ▪The Trump administration plans to end a federal contract providing legal counsel to more than 20,000 unaccompanied children on July 31, 2026
• ▪The legal provider Kids in Need of Defense canceled its participation as a subcontractor representing unaccompanied children due to $20 million in overdue federal payments
• ▪The federal government has refused to reimburse legal organizations for $65 million in completed work since December 2025 unless they turn over sensitive client information, including unredacted medical evaluations
• ▪Federal officials reportedly requested help from the Texas attorney general's office and the Texas Indigent Defense Commission to represent unaccompanied children being sent en masse to Texas

Legal representation improves outcomes

• ▪Among completed immigration cases last year, seven percent of children with a lawyer were granted legal relief to stay in the United States, compared to less than one percent of children representing themselves
• ▪Former regional deputy chief immigration judge Elizabeth Young stated that immigration judges are nearly 100 times less likely to grant relief to a child who does not have legal counsel

Biden-era immigration case backlog

• ▪Of the children's immigration cases completed last year, 64 percent of the proceedings occurred without the children having lawyers
• ▪Nearly two-thirds of the currently pending children's removal cases were opened in 2023 under the administration of President Joe Biden

Unaccompanied children removal threats

• ▪Senator Ron Wyden stated that the Department of Health and Human Services is using a list of more than 500 unaccompanied children in Office of Refugee Resettlement custody for expedited removal
• ▪The Department of Health and Human Services denied targeting children for removal, stating that the administration is working to identify parents or legal guardians to ensure placement with vetted sponsors