Do Children Have to Represent Themselves in U.S. Immigration Court?
In August 2025, a shocking scene unfolded in Tucson, Arizona: fourteen migrant children—some as young as three—stood before a judge in immigration court with no lawyers by their side. This crisis followed deep cuts to federal legal aid funding, leaving thousands of unaccompanied minors nationwide to face removal proceedings alone. For children, immigration court is not just intimidating—it’s life-altering. Without a lawyer, they risk deportation to dangerous conditions without ever having a fair chance to present their case. This post explains what happened in Tucson, why these cuts matter, what protections exist for unaccompanied minors, and how families can get help.
The Tucson Case: A 2025 Legal Aid Crisis
On August 18, 2025, seventeen minors appeared before Judge Irene Feldman in Pima County immigration court. Fourteen had no attorneys. Some were toddlers who spoke little English. Normally, organizations like the Florence Immigrant and Refugee Rights Project (FIRRP) would step in to provide free legal representation. But after losing most of their federal funding in March 2025, these groups could no longer accept new child clients.
Judges sometimes grant continuances, giving children more time to find a lawyer. But in Tucson, they also made clear: if no attorney is secured by the next hearing, children must represent themselves in deportation proceedings against trained government attorneys.
Why Was Legal Aid Funding Cut?
The Trump administration’s March 2025 decision to cut federal grants for immigration legal services had immediate effects. Thousands of children—some barely old enough to speak—were forced to appear in immigration court without representation.
Legal experts argue this violates two critical protections:
Due Process Rights (U.S. Constitution): Every person has the right to a fair proceeding. Expecting a child to defend themselves against removal undermines that guarantee.
Trafficking Victims Protection Reauthorization Act (TVPRA): This law requires safeguards for unaccompanied alien children, including access to legal protections.
What Happens When a Child Faces Court Alone?
Without an attorney, children in immigration court often:
Struggle to understand why they are there or what is being asked of them.
Fail to complete asylum paperwork correctly because forms are long, technical, and in English.
Feel too scared or traumatized to explain why they fled their home country—information that could support an asylum claim.
Lose their case by default, because they cannot identify or argue for available forms of legal relief.
Research consistently shows that children with lawyers are far more likely to win protection and remain safely in the U.S.
The Fight for Children’s Legal Rights
In July 2025, a federal district court ordered the Trump administration to restore legal aid funding for unaccompanied minors, citing constitutional and statutory obligations. But implementation has been slow. Thousands of children remain in legal limbo, still forced to appear in immigration court without counsel.
Until funding is fully restored, the U.S. continues to face the morally and legally troubling reality of children defending themselves against deportation.
What Families and Advocates Need to Know
The Tucson hearings highlight a hard truth: legal representation is essential, not optional, for a child’s safety and future. Immigration law is among the most complex areas of U.S. law, and the stakes—family separation, deportation, or protection—could not be higher.
If your child or a child you know has an immigration court date, the most important step you can take is to find an experienced immigration attorney immediately. Representation can mean the difference between removal and protection under laws such as asylum or Special Immigrant Juvenile Status (SIJS).
Frequently Asked Questions (FAQ)
Do children have a right to a lawyer in immigration court?
Not automatically. Because immigration cases are civil, not criminal, the government does not provide free attorneys. However, under the TVPRA, unaccompanied minors must be given special protections, and many nonprofits provide free or low-cost representation.
What is an “unaccompanied minor” in immigration law?
A child under 18 who has no lawful status in the U.S. and no parent or legal guardian available in the country to provide care. These children qualify for special protections.
Can a child really be deported without a lawyer?
Yes. Without an attorney, many children are ordered removed because they cannot navigate the legal system or file the necessary applications.
How can families find help?
Start with nonprofit groups like the Florence Immigrant and Refugee Rights Project or the American Immigration Council. You can also consult private attorneys who specialize in immigration law for children.
Take Action to Protect a Child’s Future
Children should never have to face immigration court alone. If your child or a child you know has been scheduled for removal proceedings, now is the time to act. The earlier you involve an attorney, the more options are available.
Contact our office today for a consultation. We can help you understand your child’s rights, explore relief options, and fight for their future.