Senators Urge HHS to End Child Counsel Policy
Senator Ron Wyden and five colleagues call for a reversal of the agency's plan to assign its own attorneys to migrant children.
Updated on Oct. 20, 2026 in Immigration
Live Poll
Should the government provide independent legal counsel to migrant children facing immigration court?
Senator Ron Wyden and five other senators are calling on HHS Secretary Robert F. Kennedy, Jr. to reverse a policy that appoints agency attorneys to represent unaccompanied children in immigration court. The lawmakers argue that using government employees to represent children in the same agency holding them in custody creates a significant conflict of interest.
Why it matters
Senators contend the policy violates the statutory obligation established under the Trafficking Victims Protection Reauthorization Act to provide independent counsel for children. They further expressed concern that because HHS shares information about these children with immigration enforcement, the current arrangement undermines the legal protection of the minors involved.
The Trafficking Victims Protection Reauthorization Act of 2008 mandates that HHS secure pro bono counsel for unaccompanied children. This year, tens of thousands of these children faced immigration judges without any legal representation.
The players
Ron Wyden
He is a U.S. Senator representing Oregon who has served in the chamber since 1996.
Robert F. Kennedy, Jr.
He serves as the Secretary of the Department of Health and Human Services.
The details
The policy in question utilizes attorneys employed by the same agency responsible for the custody of unaccompanied children to represent them during removal proceedings. This approach marks a change from the provision of independent legal aid, which faced funding cuts during the Trump administration.
Timeline
2008: Passage of the Trafficking Victims Protection Reauthorization Act.
2026: Tens of thousands of unaccompanied children lacked legal representation.
October 20, 2026: Senator Ron Wyden and five colleagues urged the reversal of the HHS policy.
Political Context
The senators argue that the new HHS policy fails to uphold the standards for legal representation established by the Trafficking Victims Protection Reauthorization Act of 2008. Supporters of the administration's approach may contend that utilizing internal staff is a necessary logistical solution given the high volume of cases.
The proposed policy change could alter how thousands of unaccompanied minors navigate the U.S. immigration court system. This shift potentially impacts the legal protections and outcomes for children currently held in government custody.
The takeaway
This dispute highlights the ongoing struggle to balance government custody responsibilities with the legal right to independent counsel for migrant children. Advocates and lawmakers continue to scrutinize how information sharing between federal agencies impacts the due process rights of vulnerable populations.
Further reading
For more information on current federal policies, visit the United States Immigration section.
Live Poll
Should the government provide independent legal counsel to migrant children facing immigration court?
