Judge grants enforcement to restore funds for undocumented minors

A federal judge did not agree with the Office of Refugee Resettlement's argument that the funds were ready to be disbursed, but more data about distribution was needed. Unaccompanied children, from ages 3 to 9, watch television inside a playpen at the U.S. Customs and Border Protection facility, the main detention center for unaccompanied children in the Rio Grande Valley, in Donna, Texas, Tuesday, March 30, 2021. (AP Photo/Dario Lopez-Mills, Pool) OAKLAND, Calif. (CN) — A federal judge granted an emergency motion Thursday to unlock federal funds to provide legal aid to undocumented minors after a group of legal services and immigrant rights nonprofits was granted a preliminary injunction to restore aid last year. U.S. District Judge Araceli Martínez-Olguín granted an emergency motion to enforce her previous preliminary injunction order to ensure children caught in the immigration court system had access to legal services. The Joe Biden appointee granted a preliminary injunction last April to restore nationwide legal aid funding through the Office of Refugee Resettlement. “The court orders defendants to issue and release the funds they have withheld since December,” Martínez-Olguín wrote in her four-page order , published shortly after a hearing on the motion. “Defendants tie themselves in a knot — despite their insistence that this court lacks jurisdiction over the government’s contractual disputes, they now attempt to utilize a contractual dispute as a shield for their failure to abide by the terms of the preliminary injunction,” she wrote. At Thursday’s hearing, lead plaintiff Community Legal Services in East Palo Alto argued the government was cagey in responding to requests for updates about when the funds would be restored. “Things have deteriorated,” said plaintiffs’ attorney Caelin Moriarity Miltko. “The defendant is still withholding funds. Services are being interrupted for asylum cases and court hearings this week. They are happening as we speak.” Immigrant Defenders Law Center and the Amica Center for Immigrant Rights are a few of the co-plaintiff organizations that represent unaccompanied minors. Moriarity Miltko said the Office of Refugee Resettlement, under the U.S. Department of Health and Human Services, did not have a plan in place to provide funds for legal services for children currently in the system or for those in the future. She said there was no inclusion of “bridge” contracts between providers, and if the agencies were to contract with new legal providers once a contract lapsed, it would be difficult for minors and providers. “You can’t just have new lawyers show up,” she said. “It interrupts services.” Department of Justice attorney Zachary Cardin said the government is complying and the funds are earmarked for disbursement. The reason for the delay, he said, is unfulfilled data requests regarding the services. Moriarity Miltko said aspects of the data the government is requesting, such as individualized information about minors, are confidential. Furthermore, the lack of all the requested data shouldn’t “cut off access to congressionally appropriated funds,” she said. “The information requested is not confidential,” said Cardin. He said data about billable hours, date of legal services, attorneys and law firms were required to have “a certain level of substantiation” before disbursing the money. In her order, Martínez-Olguín made clear the government cannot require information while withholding funds. “Defendants may not condition compliance with this order on receipt of any further information from Acacia, as imposing additional conditions for issuance of payment at this stage would be an end run around the injunction that the court must reject,” she wrote, naming one of the government’s contractors. In March 2025, the plaintiffs said the U.S. Department of Health and Human Services, the Office of Refugee Resettlement and the Department of the Interio