Young unaccompanied migrants watch television inside a playpen at a US Customs and Border Protection facility in the Rio Grande Valley, in Donna, Texas, April 9, 2021.Dario Lopez-Mills/AP
In an email circulated today by the federal Department of the Interior, the Trump administration has issued a stop-work order for organizations providing legal services, funded by the Office of Refugee Resettlement, to unaccompanied minors entering the United States. The order will lead to about 26,000 minors losing the legal representation they now have, as well as about a hundred thousand missing out on programs designed to educate them about their rights.
The new order comes a little more than two weeks after the Trump administration rescinded an earlier stop-work order and funding freeze for four programs providing legal services to undocumented immigrants. I previously reported on how this funding freeze was not only an attack on the rights of immigrants, but also on Congress’ “power of the purse”:
Following a flurry of anti-immigrant executive orders by Donald Trump on his first day in office, the Department of Justice sent emails last Wednesday ordering legal service providers in immigration courts to “stop work immediately.” The order was sent to organizations working within four federally funded programs designed to help people navigate the complex immigration court system, through assistance outside the courtroom—like going over legal paperwork and court date requirements—and inside the courtroom, through direct legal representation….
Bettina Rodriguez Schlegel, chief of staff at immigrant rights organization Acacia Center for Justice, said via email that “members of Congress from both sides of the aisle” in both Republican and Democratic administrations “have agreed that these vital programs help individuals better understand their rights and obligations while they are in immigration proceedings.” She adds, “Particularly as the administration announces plans to ramp up detention and enforcement operations around the country, it is more vital than ever that people have access to due process protections, afforded to everyone in the U.S – regardless of immigration status – under the Constitution.”
Lukens sees the recent executive action to defund and ban immigration support as another clear violation of the constitutional “power of the purse,” a key plank of the Constitution which gives Congress power over how federal funds are spent. “The executive branch is obligated to spend funds that have been appropriated,” Lukens says. “That’s just basic constitutional law.” His organization is moving forward with the lawsuit; he hopes for a verdict that will make those obligations even clearer, and prevent future attempts to bar immigrants from receiving legal services.
That lawsuit, which challenges the Trump administration’s previous attempt to usurp Congress’ constitutional power over how federal funds are spent, is still ongoing. And even though those four programs are restored for now, as I wrote in that previous article, there was no reason to believe Trump wouldn’t attempt something similar in the future—as he now looks to have done.
Update, February 19: This article has been updated to say that the last stop-work order came over two weeks ago. It previously stated that it came a little over a week ago. The number of minors losing representation has also been updated to reflect the higher numbers released by legal service providers.
