Federal Funding for Unaccompanied Children's Legal Representation (CLSEPA v. HHS)

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A federal court has ordered the government to keep funding legal representation for unaccompanied children while the case continues. On April 29, 2025, the U.S. District Court for the Northern District of California granted a preliminary injunction barring the Department of Health and Human Services (HHS) and its Office of Refugee Resettlement (ORR) from cutting off the funding that Congress directs toward lawyers for these children. The Ninth Circuit declined to pause (stay) that order on May 14, 2025, and denied the government's petition for rehearing en banc on October 10, 2025. The injunction remains in effect and the funding has continued to flow while the government's appeal on the merits is still pending.

Federal Funding for Unaccompanied Children’s Legal Representation (CLSEPA v. HHS)

Status: Blocked by court — Community Legal Services in East Palo Alto (CLSEPA) v. U.S. Department of Health and Human Services (N.D. Cal. No. 3:25-cv-02847; 9th Cir. Nos. 25-2358 & 25-2808)

Next step: The Ninth Circuit has yet to rule on the merits of the government's appeal of the preliminary injunction (No. 25-2808); a decision there will determine whether the funding order stays in place. The underlying case also continues in the district court.

Verified against the primary source as of 2026-07-25 — status can change with a single court ruling. Official source.

What’s happening

A federal court has ordered the government to keep funding legal representation for unaccompanied children while the case continues. On April 29, 2025, the U.S. District Court for the Northern District of California granted a preliminary injunction barring the Department of Health and Human Services (HHS) and its Office of Refugee Resettlement (ORR) from cutting off the funding that Congress directs toward lawyers for these children. The Ninth Circuit declined to pause (stay) that order on May 14, 2025, and denied the government’s petition for rehearing en banc on October 10, 2025. The injunction remains in effect and the funding has continued to flow while the government’s appeal on the merits is still pending.

Who it affects

The case concerns roughly 26,000 unaccompanied children who are in, or have been released from, ORR custody and who receive government-funded attorneys in immigration proceedings. The money flows through a national program (managed by the Acacia Center for Justice, about $200 million a year) that subcontracts to more than 80 legal aid organizations across the country. The dispute centers on whether the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008, which directs ORR to “ensure, to the greatest extent practicable” that these children have legal representation, requires the government to keep paying for it. While the injunction stands, the funded legal representation continues; families and legal aid providers involved in the Unaccompanied Children Program are the most directly affected. This is general information, not legal advice.

How it got here

Mar 21, 2025 HHS and its Office of Refugee Resettlement (ORR) terminated the contract with the Acacia Center for Justice that funded legal representation for unaccompanied children.
Mar 26, 2025 A coalition of legal service providers sued HHS in the U.S. District Court for the Northern District of California, citing the TVPRA and the Administrative Procedure Act.
Apr 29, 2025 The district court granted a preliminary injunction ordering the government to keep funding legal representation for unaccompanied children.
May 14, 2025 The Ninth Circuit denied the government's request to pause (stay) the preliminary injunction, leaving the funding order in force.
Oct 10, 2025 The Ninth Circuit denied the government's petition for rehearing en banc; the government's appeal on the merits remains pending.

What to watch next

The Ninth Circuit has yet to rule on the merits of the government’s appeal of the preliminary injunction (No. 25-2808); a decision there will determine whether the funding order stays in place. The underlying case also continues in the district court.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.

Frequently asked questions

What is this case about?

The case concerns roughly 26,000 unaccompanied children who are in, or have been released from, ORR custody and who receive government-funded attorneys in immigration proceedings. The money flows through a national program (managed by the Acacia Center for Justice, about $200 million a year) that subcontracts to more than 80 legal aid organizations across the country. The dispute centers on whether the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008, which directs ORR to ’ensure, to the greatest extent practicable’ that these children have legal representation, requires the government to keep paying for it. While the injunction stands, the funded legal representation continues; families and legal aid providers involved in the Unaccompanied Children Program are the most directly affected. This is general information, not legal advice.

Where does it stand right now?

A federal court has ordered the government to keep funding legal representation for unaccompanied children while the case continues. On April 29, 2025, the U.S. District Court for the Northern District of California granted a preliminary injunction barring the Department of Health and Human Services (HHS) and its Office of Refugee Resettlement (ORR) from cutting off the funding that Congress directs toward lawyers for these children. The Ninth Circuit declined to pause (stay) that order on May 14, 2025, and denied the government’s petition for rehearing en banc on October 10, 2025. The injunction remains in effect and the funding has continued to flow while the government’s appeal on the merits is still pending. The Ninth Circuit has yet to rule on the merits of the government’s appeal of the preliminary injunction (No. 25-2808); a decision there will determine whether the funding order stays in place. The underlying case also continues in the district court.

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General information, not legal advice. MigrantUSA is an independent publisher and is not a law firm; using this site does not create an attorney-client relationship, and this content is not a substitute for advice from a licensed attorney about your specific situation. US federal, state, and local government procedures, fees, and forms change. Always verify current details directly with the relevant agency before acting. For immigration, tax, or other legal matters specific to your situation, consult a licensed attorney or BIA-accredited representative.