Ninth Circuit Upholds Legal Protections for Immigrant Children

Ninth Circuit Upholds Legal Protections for Immigrant Children

SAN FRANCISCO - The Ninth Circuit Court of Appeals has upheld a federal district court’s order compelling the government to resume funding for legal services for unaccompanied immigrant children. This is the latest update in CLSEPA v. U.S. Department of Health and Human Services (HHS).

This case arose when the federal government cut off critical congressionally appropriated funding to ensure that unaccompanied children do not go to immigration court alone. The federal government has filed numerous motions and now two appeals to try to overturn the district court's decisions and abandon its obligations to children under the Trafficking Victims Protection Act (TVPRA) and Foundational Rule.

The ruling comes after the federal government asked for an emergency stay from the Ninth Circuit to block the district court's preliminary injunction issued on April 29, 2025, before the case is heard on appeal. The Ninth Circuit rejected that extraordinary relief, concluding that the federal government failed to show a likelihood of success on the merits or irreparable harm from the denial of a stay.

The co-counsel shared the following statement in response:

“Children's rights are not temporary. While we continue to represent children in court, we face an unstable future without a long-term commitment from the government. Legal representation must be protected and provided for the entirety of the case for all children across the nation. This ruling reinforces the government’s obligation to ensure legal representation, safeguarding the rights of immigrant children and the power of the courts in upholding due process.”

Co-counsel in the suit includes Amica Center for Immigrant Rights, Immigrant Defenders Law Center, and Justice Action Center. Organizational plaintiffs include Amica Center for Immigrant Rights, Estrella del Paso, Community Legal Services in East Palo Alto, Florence Immigrant & Refugee Rights Project, Galveston-Houston Immigrant Representation Project, Immigrant Defenders Law Center, National Immigrant Justice Center, Northwest Immigrant Rights Project, Rocky Mountain Immigrant Advocacy Network, Social Justice Collaborative, and Vermont Asylum Assistance Project.