The Department of Health and Human Services (HHS) recently issued a notice suggesting that the agency may be planning to provide legal representation for unaccompanied children through attorneys employed directly by HHS, breaking from the longstanding practice of providing legal representation through independent organizations. The notice states that a new division has been established in HHS’s Office of General Counsel and is authorized to provide direct legal services to unaccompanied children.
Children who arrive in the United States alone are among the most vulnerable individuals in our immigration system. Many have fled violence, persecution, trafficking, abuse, or other serious harm. Access to independent legal counsel is critical to helping these children understand their rights, navigate complex legal proceedings, and seek protection for which they may be eligible.
Placing children’s attorneys directly with HHS raises serious concerns about conflicts of interest, the independence of children’s attorneys, confidentiality protections, and children’s ability to receive representation that is focused solely on their legal interests, which may be in conflict with the interests of the government. Please urge Secretary Robert F. Kennedy Jr. to preserve independent legal representation for unaccompanied children to help ensure that children have the legal assistance they need and deserve.
