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Attorney General Nessel Files Amicus Brief Opposing Trump Administration’s Efforts to Roll Back Legal Representation for Unaccompanied Children
July 18, 2025
LANSING — Michigan Attorney General Dana Nessel has joined a multistate coalition of 20 attorneys general in filing an amicus brief (PDF) in Community Legal Services in East Palo Alto, et al. vs. United States Department of Health and Human Services, et al., in support of a challenge to the Trump Administration’s abrupt termination of funding for legal services for unaccompanied immigrant children. In their brief, the attorneys general urge the Ninth Circuit Court of Appeals to affirm the preliminary injunction issued by the district court, arguing that the Trump Administration’s termination of federal funding for legal representation undermines the efforts of Amici States in ensuring the safety of unaccompanied children.
“Unaccompanied children arriving in this country are some of the most vulnerable people in our legal system,” Nessel said. “Without legal representation, many may be forced to appear alone in court, unable to defend their rights. Denying them that support shouldn’t be a policy choice. Ensuring these children have access to legal counsel is a matter of fairness, safety, and basic human decency enshrined into our laws by Congress. I stand with my colleagues in urging the Court to protect this critical funding.”
The multistate coalition has a strong interest in protecting the rights of unaccompanied immigrant children, as many of these children will eventually be released to sponsors in their states. In 2024, approximately 750 unaccompanied children were released to sponsors in Michigan. These children become important members of their communities, students in their schools, and eventually, parents of their own families. Forcing these children to spend prolonged time in federal custody will make it more difficult for them to thrive in their communities upon release. A robust body of research shows that prolonged time in immigration custody is particularly harmful for children’s physical and mental health and disrupts their development.
In the amicus brief, the coalition urges the Ninth Circuit Court of Appeals to affirm the preliminary injunction issued by the district court, arguing that:
- Federal law recognizes the importance of providing legal representation to unaccompanied children in immigration proceedings.
- The termination of federal funding for legal representation for unaccompanied children will significantly increase the gaps in funding for legal services and legal service providers resulting in funding and staffing shortfalls.
- Unaccompanied children will experience various long-lasting harms without access to the multidisciplinary support and advocacy that legal representation provides.
In filing the amicus brief, Attorney General Nessel joins the attorneys general of Arizona, Colorado, Connecticut, Delaware, District of Columbia, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.
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