Washington, DC – U.S. Senator Ron Wyden said today he has joined with five other senators urging Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr. to reverse the decision for HHS attorneys to represent unaccompanied children against the Trump administration’s own deportation machine and to restore independent legal counsel immediately.
The senators underscored in a letter to Kennedy how failing to reverse this decision would result in a clear conflict of interest, especially since HHS has a responsibility to care for these children in custody and already shares personal information with immigration enforcement.
“HHS holds these children in custody, decides where they live and shares information about them and their families with immigration enforcement. HHS cannot also be their lawyer,” the senators wrote. “The immigration judge works for the Trump Administration. So does the prosecutor. Under your plan, so would the child’s lawyer. That is unacceptable.”
As a direct result of the Trump administration cutting funding to facilitate independent legal aid for unaccompanied migrant children, tens of thousands of children this year faced immigration judges with no legal representation. In their letter, the senators cited how the bipartisan Trafficking Victims Protection Reauthorization Act of 2008 legally requires HHS to make every effort to secure pro bono counsel that will provide independent representation and protect the kids from mistreatment or exploitation. By appointing HHS attorneys to these cases instead, the administration intends to place these children in removal proceedings led by judges working for the U.S. Department of Justice with legal representation that is anything but independent.
“Reunifying children with their families is HHS’s job. Legally representing an unaccompanied child, including against HHS in legal proceedings, is not,” the lawmakers wrote. “It is a job for an experienced, expert and independent attorney trained to represent unaccompanied children who are often experiencing extreme stress and trauma.”
Additionally, the senators highlighted that HHS’s decision would discourage these kids from reporting abuse, trafficking and dangerous family circumstances to their lawyers for fear of the information reaching immigration enforcement. Notably, HHS’s announcement mentions no procedures for screening conflicts, protecting client confidentiality, or insulating attorneys from HHS’s custodial functions.
“HHS cannot serve as both custodian and counsel. You must meet your statutory obligation to these children. Unaccompanied children deserve lawyers whose only loyalty is to them. We demand that you rescind this harmful policy before a single HHS attorney stands beside a child in immigration court,” the senators concluded.
In addition to Wyden, other signers of the letter are U.S. Senators Tammy Duckworth (D-IL), Richard J. Durbin (D-IL), Adam Schiff (D-CA), Edward J. Markey (D-MA) and Elizabeth Warren (D-MA)
The entire letter is here.
A web version of this release is here.