6thamendment

96d

Federal Judge Araceli Martinez-Olguin ordered the #Trump admin to restore funds for programs that provides legal services to unaccompanied minors in #immigration proceedings.

“Terminating funding for direct #LegalRepresentation for unaccompanied #children, without any plan to ensure continuity in representation, potentially violates Congress's express directive….”

#law #TheCrueltyIsThePoint #Constitution #RightToCounsel #6thAmendment #CivilRights #HumanRights
https://storage.courtlistener.com/recap/gov.uscourts.cand.447078/gov.uscourts.cand.447078.33.0.pdf

Highlighted portions read: “Plaintiffs raise serious questions going to the merits. In particular, the TVPRA requires that the government ‘shall ensure, to the greatest extent practicable,’ that all unaccompanied children receive legal ‘counsel to represent them in legal proceedings’ and to ‘protect them from mistreatment, exploitation, and trafficking.’” “Plaintiffs have also shown that they are likely to suffer irreparable harm in the absence of preliminary relief. Defendants' termination of funding has impacted Plaintiffs, forcing them to issue layoff notices and threatening to require them to dismiss their highly-specialized and seasoned attorneys.” “Terminating funding for direct legal representation for unaccompanied children, without any plan to ensure continuity in representation, potentially violates Congress's express directive in the TVRPA and ORR's own commitments in the Foundational Rule. Moreover, courts regularly find that ‘[there is generally no public interest in the perpetuation of unlawful agency action.’”

Edited 96d ago

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