This article is part of “In broad daylight,” an MS NOW series exploring the stories of people whose lives have been endangered, upended or cut short by Trump’s brutal immigration agenda.
Over the decade that I’ve advocated for vulnerable immigrant children in this country, I’ve seen policies shift and the immigration debate grow increasingly polarized. But nothing prepared me for what we’re witnessing right now.
On Aug. 17, an attorney on my team saw a 1-year-old baby in Arizona go before an immigration judge without a lawyer by his side. Like most 1-year-olds, he was too young to talk, had a hard time keeping still and cried during court whenever he dropped his toy. But somehow he was considered old enough to plead his own case for asylum. He was detained along with his young mother — a child also in need of protection and legal representation.
An attorney from the U.S. Committee for Refugees and Immigrants, or USCRI, an organization that recently has entered into an agreement with the government to provide services to children, watched silently as the judge instructed the baby to submit an application for asylum before his next hearing. We watched, heartbroken, helpless and unable to intervene. That’s because the Trump administration stripped the Florence Immigrant & Refugee Rights Project and nearly 100 other legal service providers like mine of the funding that had allowed us to represent unaccompanied minors. Across the country, more and more children, including babies, will face the might of the government — by themselves.
People may disagree about immigration policy, border security and asylum laws. But I think most of us can agree that children, especially a 1-year-old, cannot understand legal proceedings, complete immigration paperwork, navigate our complex immigration system or have a fair chance in court against a seasoned government attorney. Yet that’s exactly what happened, and it’s not an isolated incident.
Like most 1-year-olds, he was too young to talk, had a hard time keeping still and cried during court whenever he dropped his toy.
Two weeks prior, a child in Los Angeles appeared alone before a judge and, without understanding their rights, requested voluntary departure, effectively waiving claims for relief. An attorney who had previously been funded to provide legal services for children like this one happened to be in the courtroom. She was able to intervene, and the judge ordered one more hearing for the child to consult with an attorney.
Five days later, a child in Texas was not as fortunate. The child didn’t have an attorney and waived their right to seek relief from removal without truly understanding what they were agreeing to and without the ability to apply for relief.
Across the country, unaccompanied children are appearing in courts without lawyers by their side, at a time when having one is more critical than ever before. This violates a basic commitment our country made to providing children a meaningful chance to be heard through a fair process.
For nearly two decades, legal service providers like the Florence Project worked to uphold that commitment. We helped ensure immigrant children understood their rights and advocated for them in court. We helped children reunite with their families, we filed for visa applications, we fought against illegal deportations and we made sure there was accountability for institutional abuse of children by government caretakers.
Our work was thrown into crisis when the Trump administration allowed the contract that provided these legal services to expire on July 31, 2026. Even after contract’s end, we continued to show up for the children we serve without pay, because we cannot morally abandon children while their futures and lives hang in the balance. But without federal funding, we can’t ethically commit to taking on new cases like that of the 1-year-old. We continue to represent nearly 600 children to whom we made a commitment, but we cannot hire enough staff to meet the need to offer representation to more children at this time. Simultaneously, the government is moving children’s cases through the system faster than ever, is calling detained children back to court every two to three weeks, is deporting children with approved petitions for relief and has scheduled more than 50 asylum interviews for our clients since July 31 alone.
Without legal assistance, children win their cases 1% of the time.
Without legal assistance, children win their cases 1% of the time. They miss deadlines, fail to present critical evidence and sometimes give up rights they never knew they had. Why? Because they aren’t lawyers, they are children. They are children who once had trusted and experienced attorneys helping them understand their rights, prepare their cases and navigate an overwhelmingly complex legal system. At the same time, the administration has made immigration court and asylum proceedings faster, harsher and more difficult for vulnerable children seeking protection.
The challenges these kids are facing are not because of a lack of resources. Congress funded these legal services through 2027, and the Trump administration is offering over $200 million combined to other organizations with few attorneys and no demonstrable or meaningful experience working with vulnerable children or in immigration law. Simply put, the administration refuses to provide these children with a fair opportunity to pursue the protections for which they may qualify.
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