HHS Creates Legal Division for Unaccompanied Migrant Children

The U.S. Department of Health and Human Services has established a division of government lawyers to provide legal advice and representation to unaccompanied migrant children in immigration proceedings, a move that has drawn concern from immigrant-rights advocates over whether the attorneys can act independently of the agency responsible for the children’s custody. A notice published in the Federal Register on September 29 created the Unaccompanied Alien Children Legal Representation Division. It authorizes the division’s attorneys to advise children, explain their rights and represent them in immigration proceedings when appropriate. The unit is placed within HHS’s Office of General Counsel. HHS said the division would give children direct legal support and help the department work toward safely reuniting them with their families. The department has not specified when the lawyers will begin work, how many will be assigned or how cases will be distributed. It also has not said whether it will continue contracting with outside legal-service organizations. The order says the new division must remain separate from HHS offices that handle children’s custody and care.