Texas officials declined a request from the Trump administration to provide legal representation for unaccompanied immigrant children in deportation proceedings after determining that state law does not authorize the work, according to the head of the Texas Indigent Defense Commission.
Scott Ehlers, executive director of the Texas Indigent Defense Commission, said federal officials and representatives from Texas Attorney General Ken Paxton’s office approached the agency last month about taking on immigration cases involving children. Ehlers said the commission concluded that its authority is limited to indigent criminal defense and does not cover civil immigration matters.
The U.S. Department of Justice confirmed that the federal Office of Refugee Resettlement (ORR) first sought assistance from the Texas Attorney General’s Office in securing attorneys for immigrant children. A Justice Department spokesperson said the attorney general’s office referred federal officials to the Texas Indigent Defense Commission after determining it could not provide the representation.
The spokesperson said the Justice Department then reviewed whether ORR could legally contract with the commission to provide the services using federal funding. ORR did not respond to questions about whether such a contract is under consideration.
The outreach comes as the Trump administration moves to overhaul legal assistance for unaccompanied immigrant children. The administration’s temporary agreement with the Acacia Center for Justice, the nonprofit that oversees federally funded legal representation for children in immigration proceedings, is scheduled to expire on July 31.
Federal officials also have closed dozens of shelters for immigrant children in several states while contractors in Texas continue recruiting staff for child shelters. The administration has not said whether it plans to relocate children to Texas.
Emily Hilliard, a spokesperson for the U.S. Department of Health and Human Services, said the administration continues to explore ways to provide legal representation for children in immigration proceedings. She did not address questions about potential transfers but said Texas has sufficient capacity to house the nearly 2,000 children currently in federal custody.
Requests for comment sent to Paxton’s office and Gov. Greg Abbott’s office were not returned.
Shaina Aber, executive director of the Acacia Center for Justice, said her organization is concerned that transferring children to Texas could separate them from attorneys already handling their cases.
Congress established federal funding for legal services for certain unaccompanied immigrant children in 2000. The need for those services increased after a rise in the number of children arriving alone at the U.S.-Mexico border beginning in 2012.
Since returning to office, the Trump administration has challenged several policies governing immigrant children, including seeking to end the federally funded legal services program and arguing in court that the government is not required to provide attorneys for children in immigration proceedings.
Several nonprofit legal providers have said the federal government has fallen behind on payments under existing contracts. Kids In Need of Defense recently ended its subcontract with the Acacia Center, saying it is owed more than $20 million for legal work performed since December.
Ron Wyden said information provided to his office indicates the administration may be preparing to accelerate deportation proceedings involving children in federal custody. He said the discussions with Texas officials added to those concerns.
Created by the Texas Legislature in 2011, the Texas Indigent Defense Commission oversees funding and support for public defense programs in criminal cases across the state.
Former state Sen. Rodney Ellis, who sponsored legislation establishing the state’s indigent defense framework, said lawmakers never intended the commission to represent children in civil immigration proceedings.
Commission Vice Chair Jim Bethke said lawmakers would need to amend state law if they wanted the agency’s responsibilities expanded beyond criminal defense.
State Rep. Joe Moody, another commission board member, said he also believes current law does not permit the agency to handle federal immigration cases. He noted that lawmakers previously broadened the commission’s duties in child protective services matters but did not fully fund those responsibilities.
The commission has also reported ongoing shortages of attorneys and funding. It has asked the Legislature to increase appropriations by more than $242 million during the next biennium to strengthen indigent criminal defense statewide.
Immigration advocates said they remain concerned that the administration could relocate more children to Texas. They cited a previous attempt to transfer Guatemalan children to facilities near the Texas border before deportation, an effort that a federal judge blocked.
Marion “Mickey” Donovan-Kaloust, legal services director for the Immigrant Defenders Law Center, said ORR recently removed public access to its policy requiring attorneys to receive 48 hours’ notice before children are transferred. ORR did not respond to questions about the policy change.
