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AFP Report Highlights Lack of Legal Counsel for Migrant Children in U.S. Deportation Hearings

Oct 4, 2026
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AFP Report Highlights Lack of Legal Counsel for Migrant Children in U.S. Deportation Hearings
An Agence France-Presse dispatch from Houston on October 4 paints a stark picture of U.S. immigration courts, where toddlers appear before judges with no lawyer at their side. The article recounts a recent Louisiana hearing in which a crying one-year-old, held by his 17-year-old mother, was told to apply for asylum—an instruction the teenager scarcely understood. Advocates quoted by AFP say such scenes are increasingly common as federal grants for legal-services providers have been frozen and private donations dwindle. Unlike criminal defendants, immigrants in removal proceedings have no constitutional right to government-funded counsel. Charities and pro-bono networks fill the gap, but funding shortfalls mean only about one child in four is currently represented, according to the National Center for Immigrant Justice. The situation has deteriorated since October 1, when the White House withheld more than US $500 million earmarked for refugee and child representation programs. Lack of counsel carries real consequences. Syracuse University’s TRAC data show that in fiscal 2026, 82 percent of unrepresented minors received deportation orders, versus 35 percent of those with lawyers. For employers, the policy creates churn in communities that supply essential workers, while relocation managers face urgent questions about family dependents caught in proceedings. Advocates are pressing Congress to resurrect the stalled Fair Day in Court for Kids Act, which would create a universal right to counsel for children and other vulnerable groups. Until then, multinational companies may wish to fund local legal-aid clinics or provide employee-assistance grants, particularly in states such as Texas and Louisiana where court backlogs are deepest. In the meantime, HR leaders should remind foreign national employees that minor children must attend every scheduled hearing—even if the parents are waiting for their own immigration appointments. Failure to appear almost always triggers an in-absentia removal order that can bar relief for years.
Source: AFP via NAMPA

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