Oregon Sen. Wyden warns over Trump administration plan for migrant children, says HHS lawyers could represent kids facing deportation while working for the same government seeking to remove them

Oregon – Oregon Sen. Wyden urges Trump administration to reverse plan for HHS attorneys to represent unaccompanied migrant children, warning children could lose independent legal representation

U.S. Sen. Ron Wyden, D-Oregon, joined five other senators in urging Health and Human Services Secretary Robert F. Kennedy Jr. to reverse a decision allowing HHS attorneys to represent unaccompanied migrant children in immigration proceedings, warning the policy creates a serious conflict of interest.

In a letter to Kennedy, the senators argued that the agency cannot serve as both the custodian of children in federal custody and their legal representative in deportation cases involving the same administration responsible for their removal.

“HHS holds these children in custody, decides where they live and shares information about them and their families with immigration enforcement. HHS cannot also be their lawyer,” the senators wrote.

The lawmakers warned that the arrangement would undermine the independence of legal representation for children facing immigration proceedings. They noted that immigration judges, government prosecutors and, under the proposed policy, the children’s attorneys would all be connected to the federal government.

“The immigration judge works for the Trump Administration. So does the prosecutor. Under your plan, so would the child’s lawyer. That is unacceptable,” the senators wrote.

The dispute follows the Trump administration’s decision to cut funding for independent legal assistance for unaccompanied migrant children. According to the senators’ letter, tens of thousands of children faced immigration proceedings without legal representation this year.

The senators cited the bipartisan Trafficking Victims Protection Reauthorization Act of 2008, which requires HHS to make every effort to secure pro bono legal counsel for unaccompanied children. They argued that the law is intended to ensure children receive independent representation and protection against mistreatment and exploitation.

Allowing HHS attorneys to represent children in removal proceedings would compromise that independence, the lawmakers said, particularly because the department has responsibility for the children’s care while they are in custody.

“Reunifying children with their families is HHS’s job. Legally representing an unaccompanied child, including against HHS in legal proceedings, is not,” the senators wrote.

They stressed that children in immigration proceedings need experienced attorneys who understand the challenges faced by minors, many of whom may be dealing with trauma, abuse or uncertainty about their families and future.

The senators also warned that the policy could discourage children from disclosing sensitive information about abuse, trafficking or dangerous family circumstances. Children may be less willing to speak openly with an attorney if they fear information shared during legal consultations could reach immigration enforcement officials.

The letter further raised concerns about the lack of clearly outlined safeguards in HHS’s announcement. According to the senators, the department did not specify procedures for identifying potential conflicts of interest, protecting attorney-client confidentiality or separating legal representation from the agency’s responsibilities as custodian.

The lawmakers called on Kennedy to rescind the policy before HHS attorneys begin representing children in immigration court.

“HHS cannot serve as both custodian and counsel. You must meet your statutory obligation to these children. Unaccompanied children deserve lawyers whose only loyalty is to them,” the senators wrote.

In addition to Wyden, the letter was signed by U.S. Sens. Tammy Duckworth and Richard J. Durbin of Illinois, Adam Schiff of California, Edward J. Markey of Massachusetts and Elizabeth Warren of Massachusetts.

The senators are asking the administration to restore independent legal representation for unaccompanied migrant children as they navigate immigration proceedings that can determine whether they remain in the United States or face deportation.