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Controversy Over $150M Contract for Child Immigrant Legal Services

Controversial Contract Awarded to Represent Unaccompanied Migrant Children

AUSTIN, Texas — In a striking decision, the federal government is set to allocate $150 million to a Texas-based law firm with connections to the Trump administration. The contract involves representing unaccompanied immigrant children during immigration proceedings.

Federal law mandates the protection of migrant children in the U.S. without guardians, aiming to prevent exploitation, abuse, or trafficking. Many of these children are extremely young and lack the ability to defend themselves in legal proceedings, which makes adequate representation crucial.

Burke Law Group, a Houston firm, has been chosen for this task despite its primary focus being on “complex environmental, regulatory, and enforcement matters,” as per their website. The firm comprises 24 attorneys, only two of whom specialize in immigration and asylum law.

Roxana Avila-Cimpeanu, Deputy Director of the Florence Immigrant and Refugee Rights Project, criticized the decision: “Instead of taking care of these children, the government is instead implementing things such as awarding a contract to a private small law firm in Texas with no discernible experience in relevant immigration law or child welfare.”

Attempts to obtain comments from Burke Law Group and the Department of Health and Human Services (HHS), the agency granting the contract, were unsuccessful.

This decision follows the expiration of a previous contract with nearly 100 legal nonprofits, which was terminated by the Trump administration in November. The termination arose after these organizations refused to disclose confidential information about the children, which they argued was protected by attorney-client privilege.

Michael Lukens, Executive Director of Amica Center for Immigrant Rights, noted, “HHS’s insistence on this data — I truly believe that whoever signs contracts with HHS is going to agree in their contract to turn over this data.” Meanwhile, there is an ongoing lawsuit against the government, which owes $65 million to the nonprofits.

Ties to the Trump Administration

Marcella Burke, co-founder of Burke Law Group, held positions in the Trump administration’s Interior Department and Environmental Protection Agency. Another founding partner, Jeffrey Hall, serves as an assistant administrator at the EPA.

During Hall’s confirmation hearing, concerns were raised by U.S. Sen. Sheldon Whitehouse, D-RI, who criticized Hall’s past work for “tearing down statutory protections meant to guarantee clean air and clean water.”

Immigrant-rights advocates are skeptical of the DHS’s proposal to award this contract to Burke Law Group, as it addresses only about 1,800 children in shelters. The fate of nearly 22,000 children not housed in HHS shelters remains uncertain.

Lukens stated, “Technically nobody in the country has a contract with HHS to provide services to kids.” The contract with Burke Law Group is expected to commence on Aug. 15, leaving a gap in services.

Organizations like Lukens’ continue to provide legal services due to their “mission and ethical obligation,” despite limited resources. Acacia Center for Justice emphasized the importance of experienced organizations in handling such contracts, given the complex immigration system and the vulnerable nature of the children involved.

This article was originally written by www.npr.org