NY Pledges $7.25M for Kids Facing Deportation Alone
Children as young as 11 faced New York immigration judges alone last week — no lawyer, no parent, no help filling out asylum paperwork. The federal government let $365 million in legal funding for unaccompanied minors expire on July 31, leaving hundreds of kids to defend themselves in removal proceedings. On Wednesday, New York's governor, mayor, and attorney general announced $7.25 million to fill that gap.
Last week, children as young as 11 stood before an immigration judge in New York — alone, without a lawyer — and tried to defend themselves in a language they barely spoke. On Wednesday, August 6, Governor Kathy Hochul announced $7.25 million in state and city funds to pay for legal representation for unaccompanied immigrant children in New York facing deportation proceedings.
The funding gap opened after the federal government let a $365 million contract with the Acacia Center for Justice expire on July 31. That contract had paid lawyers to represent minors in removal proceedings (the formal legal process where a judge decides whether someone must leave the country). A replacement contract was awarded to Burke Law Group, a 26-person Houston firm with no visible immigration work on its website — and that firm appeared to withdraw from the contract in statements posted to X on Tuesday. A new no-bid, $244 million contract was then posted to the Federal Register for an organization called Our Rescue, formerly known as Operation Underground Railroad, which focuses on child trafficking prevention rather than immigration court representation.
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Children Left to File Asylum Applications Alone
Judge Lisa Ling, presiding over a New York immigration courtroom last week, repeatedly told children they had to file their asylum applications (the formal request for protection from persecution) before their next hearing — sometimes just seven days away. One boy, speaking in K'iche', told the judge: "I don't know how to do it. I don't know if you can help me fill it out." The judge could not help him. The Trafficking Victims Protection Reauthorization Act (TVPRA), passed by Congress in 2008, requires the federal Department of Health and Human Services to ensure free legal representation for unaccompanied minors "to the greatest extent practicable." Advocates say the federal government is no longer meeting that standard.
Governor Hochul was joined at a Manhattan press conference by Mayor Zohran Mamdani and State Attorney General Leticia James. The officials also condemned recent violence by immigration enforcement agents — including the pepper-spraying of Linda Wolff, 72, by ICE agents in the Inwood neighborhood last month. They pledged to enforce new state sanctuary laws, which were set to take effect 13 days from the announcement. Roughly 1,400 unaccompanied children in New York state are currently in removal proceedings.
What to Do
- If you are caring for an unaccompanied minor, contact a nonprofit immigration legal services provider in New York immediately — organizations like the New York Immigration Coalition can connect you with free or low-cost help.
- If a child has an upcoming immigration court hearing, do not miss it. Missing a hearing almost always results in an automatic deportation order issued in the child's absence.
- If a child has been told to file an asylum application by a deadline, gather any documents showing why returning to their home country would be dangerous — this is the core of an asylum claim.
- If you witness ICE conduct that seems unlawful, document it (date, location, badge numbers if visible) and report it to the Mayor's Office of Immigrant Affairs or a local legal aid organization.
Related: our step-by-step guide — “Deportation Defense”.
Fishkin Law Firm, New York
Under the TVPRA, unaccompanied minors have a statutory right to government-funded legal representation 'to the greatest extent practicable' — and advocates have strong grounds to argue the federal government is currently violating that standard. If a child has already appeared in court without a lawyer, an attorney may be able to file a motion to reopen the case and request a continuance to secure representation. Do not wait for the federal contract situation to resolve itself — consult an immigration attorney or legal aid organization now.
Frequently Asked Questions
Does an unaccompanied child have the right to a free lawyer in immigration court?
Federal law — the Trafficking Victims Protection Reauthorization Act of 2008 — requires the government to provide free legal representation for unaccompanied minors 'to the greatest extent practicable.' In practice, that right is only as strong as the funding behind it, and advocates say the current funding collapse means many children are not getting the lawyer they are owed.
What happens if a child misses their immigration court hearing?
A judge can issue a deportation order in the child's absence. This is called an 'in absentia' removal order. It is very difficult to undo. Always attend every scheduled hearing, even without a lawyer present.
Can a child file an asylum application without a lawyer?
Technically yes, but it is extremely difficult. An asylum application (Form I-589) requires explaining in detail why returning home would be dangerous. Mistakes or missing information can result in denial. If no lawyer is available yet, ask the court for more time — called a 'continuance' — to find one.
Does the New York $7.25 million fund cover all immigrant children in the state?
The announcement targets the roughly 1,400 unaccompanied children currently in removal proceedings in New York state. It is not yet clear exactly how the funds will be distributed or which organizations will receive them. Contact local legal aid groups to find out if a specific child qualifies.