HHS Forms Unaccompanied Alien Children Legal Representation Division

The Department of Health and Human Services has created the Unaccompanied Alien Children Legal Representation Division, an in-house team intended to advise and, in some cases, represent children in immigration proceedings.

A Federal Register notice published September 29, 2026, and signed by HHS Secretary Robert F. Kennedy Jr., describes the division’s work. The unit may give children “direct legal advice and counsel” and enter appearances in immigration court.

It will operate under the HHS Office of the General Counsel. The division remains separate from the Office of Refugee Resettlement, the department component responsible for children’s custody and care.

Representation is not automatic. The notice says lawyers may represent a child throughout immigration proceedings “as appropriate.”

Children lost nonprofit representation as HHS built its own team

The new unit follows the administration’s end to arrangements with nonprofit legal-service providers that represented unaccompanied children. The Acacia Center for Justice had managed a network covering approximately 24,000 cases.

The disruption left some children going to immigration court without counsel. HHS now plans to use government lawyers to provide legal support, though the notice does not promise a lawyer for each child.

That role places the division inside the same department responsible for children’s care. At the same time, other federal government lawyers seek their removal from the United States.

Advocates question whether HHS lawyers can act independently

Shaina Aber, executive director of the Acacia Center, said the arrangement could create conflicts of interest. Her concern centers on whether an HHS lawyer can represent a child independently while the department oversees the child’s custody and care.

Wendy Young, president of Kids in Need of Defense, warned that a child could be urged to accept voluntary departure rather than pursue a claim. Independent counsel might instead seek asylum, special immigrant juvenile status or another form of relief, she said.

Sui Chung, executive director of Americans for Immigrant Justice, described the lack of independent counsel as a fundamental fairness problem. The concerns go beyond who appears in court. They also touch on whether a child can trust a lawyer to pursue the child’s interests when the lawyer works for the agency overseeing the child.

The department describes the unit as another source of legal help

HHS has presented the division as an added way to deliver legal assistance and help reunify children with their families. The department said the team would consist of “dedicated public servants” providing direct help to children.

The division’s placement under the Office of the General Counsel, while remaining separate from the custody-and-care office, establishes its organizational arrangement. Questions remain about how that separation will work in individual cases.

The notice leaves representation discretionary, not guaranteed

Unaccompanied children receive special protections under the Trafficking Victims Protection Reauthorization Act and related federal regulations because they can face trafficking, abuse and exploitation. Yet immigration proceedings generally do not provide a government-appointed attorney at public expense.

That gap can leave children with the task of understanding and presenting claims they may struggle to handle alone. The new division does not create a statutory right to appointed counsel, guarantee every child a lawyer or require HHS attorneys to take every case.

The notice’s language leaves representation to the circumstances of each case: lawyers “may” provide it “as appropriate.” As of October 10, 2026, the program’s practical boundaries remain unresolved.

Those questions include when division lawyers will begin appearing in immigration courts and how they will identify and address conflicts. Officials also must address how the attorneys will remain professionally independent from ORR custody officials, and whether children can reject HHS representation and seek private or nonprofit counsel.

The arrangement also raises questions about duties of loyalty, confidentiality and zealous representation. Potential litigation could test the program under the TVPRA, due-process principles or attorney-ethics requirements.

The announcement does not change the standards for immigration relief

The creation of the division is an agency decision about organization and legal services, not a published judicial ruling. It is not a precedential BIA or federal-court ruling, and it does not alter statutory standards for asylum, special immigrant juvenile classification, T visas, U visas or other immigration relief.

Each child’s eligibility and any applicable bars remain dependent on the facts of the individual case.

This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.