A federal judge in San Francisco issued a temporary restraining order on Tuesday, blocking the U.S. government from ending funding for legal representation in immigration court for minors who arrive in the U.S. without a parent or legal guardian.
The order, issued by U.S. District Judge Araceli Martínez-Olguín of the Northern District of California, prevents the government from cutting congressionally appropriated funds while she reviews a request for a permanent injunction.
The lawsuit was filed by eleven nonprofit legal service providers who receive funding through the Acacia Center for Justice. The nonprofits took legal action after receiving a March 21 notice from the Acacia Center stating that the government would halt funding for legal representation for unaccompanied minors.
The plaintiffs argued that the federal government is required to ensure legal representation for these minors “to the greatest extent practicable” under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008.
In her ruling, Judge Martínez-Olguín emphasized that terminating the funding could violate Congress’ directive in the act. She expressed concern that cutting the funds without a plan for continued legal representation could harm the minors’ right to due process.
The case, titled Community Legal Services in East Palo Alto v. U.S. Department of Health and Human Services, will continue as the judge considers further action.
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