WASHINGTON, DC - This week, U.S. Representative Hillary Scholten (D-MI-03) introduced the Counsel for Kids Act. The legislation would guarantee pro bono, in-person, independent legal counsel to unaccompanied children as they navigate immigration proceedings.

"Kids don't belong in immigration court, period. Full stop. But when they are forced into that situation, they should not be alone. I know firsthand from working with migrants at a community legal aid organization the difference independent, quality legal support makes," said Congresswoman Scholten. "The Counsel for Kids Act would guarantee free access to counsel for unaccompanied minors, which will help ensure children show up to their hearings, complete the required paperwork, and move through the process in a way that reduces backlogs and keeps the system functioning. For so many of these kids, having an attorney is the difference between finding protection and being deported, and we can do better than forcing them to face that alone."

Under current law, the Office of Refugee Resettlement within the Department of Health and Human Services (HHS) is responsible for providing pro bono legal counsel for unaccompanied children "to the greatest extent practicable." This has historically been accomplished through contracting with third party providers who are trained in representing unaccompanied children in court. However, the Trump administration has recently announced that unaccompanied children will be represented by lawyers directly employed by HHS, rather than independent, third-party providers, threatening the right to independent legal representation and opening the door to violations of attorney-client privilege. The Counsel for Kids Act provides clear directives, stating that children are to receive in-person, independent counsel without charge - leaving no room for HHS to interpret the law in a way that infringes on their legal rights.

The Trump administration has also attempted to move legal consultations for children from in-person to online platforms, which would hinder attorneys' ability to build a relationship with the child and prepare them properly for court proceedings. This bill strengthens current law to ensure the Trump administration cannot erode the quality of legal services to unaccompanied children under what they deem to be "the greatest extent practicable."

The Counsel for Kids Act reflects Congresswoman Scholten's commitment to providing resources and legal representation tounaccompanied migrant children.

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