The U.S. Department of Justice (DOJ) reversed a recent order preventing legal aid groups from providing services to immigrants in federal detention centers and immigration courts.
Newsweek reached out to the DOJ via an online email form for comment.
Why It Matters
The initial move, in which a DOJ memo told legal providers to "stop work immediately," appeared to be one of several made by the new administration to enact tough-on-immigration policies promised by the new president. Many undocumented migrants require court hearings to have their cases determined, but the system can be complicated and confusing, especially for those with little money or who speak little English.
Under Trump's executive order issued last week, "Protecting the American People Against Invasion," the secretary of Homeland Security was ordered to review funding provided to nongovernmental organizations "supporting or providing services, either directly or indirectly, to removable or illegal aliens." The order asked that funds should be paused while audits took place.
What to Know
In a January 22 memo, the DOJ instructed legal service providers to "stop work immediately" on four federally funded programs assisting detained immigrants, including the Legal Orientation Program, which has been backed by Congress since 2003. The other programs affected were the Immigration Court Helpdesk, Counsel for Children Initiative and the Family Group Legal Orientation Program.
These federal programs provide legal support to migrants who are detained, or in the process of being detained, to help them understand what to expect during their court proceedings, navigate the paperwork needed and find counsel where possible.
The abrupt halt to these services, which came at a time when over 3.5 million cases are sitting in the department's backlog, sparked immediate backlash from immigrant rights advocates, and the Amica Center for Immigrant Rights and other nonprofit immigrant rights organizations sued the Trump administration on Friday, saying the DOJ's stop-work order was illegal.
Just days after the Trump administration was sued for freezing these programs the DOJ reversed the order on Sunday, according to the Amica Center.
Speaking to Newsweek on Wednesday, Adina Appelbaum, program director at the Amica Center, said they believe the order was rescinded in response to the lawsuit.
"Less than two days later, on Sunday, we received notice that the DOJ rescinded the stop work order and we believe that was in response to the lawsuit," Appelbaum said.
In addition, according to the Texas Tribune, the Acacia Center for Justice pointed towards a ruling in a different lawsuit in which a federal judge ordered the Trump administration to restore federal funding for grants and other programs that it had abruptly frozen.
However, despite the DOJ's reversal, according to Appelbaum, concerns still remain as they fear another stop order could be made.
"We fear that this fight is not over despite rescinding the stop work order. The Trump administration has a long history of trying to attack these legal access programs that dates back to 2018. So we must continue the lawsuit and also advocacy on the hill to prevent further attacks on due process and legal access for immigrants who are detained."
What People Are Saying
Appelbaum told Newsweek on Wednesday: "The LLP program in detention centers is the only way that immigrants who are detained and unrepresented by counsel have any access to the even most basic legal information about why they are detained, what's happening, understanding that they are getting to deported and what their legal rights are."
Shaina Aber, executive director of the Acacia Center for Justice, told the Texas Tribune on Tuesday: "We welcome the news that the stop-work order on Acacia's legal access programs has been lifted. We will continue working alongside the Department of Justice to ensure that these critical services and bastions of due process are fully restored and our partners in the legal field can resume their work without future disruption or delay."
Greg Chen, senior director of government relations with the American Immigration Lawyers Association, previously told Newsweek: "My concern is if they pause it for an extended period of time, let's say several months, then the nonprofit organizations or the legal service providers aren't going to get paid. They're going to lose staff, lose capacity. It's like not watering your lawn in the middle of summer for two months and expecting to come right back and your lawn to be green again. The lawn will die."
What Happens Next
While the reversal allows legal aid to continue, groups like Acacia and the Amica Center have vowed to continue to fight for immigrants' rights and challenge the Trump administration's actions to limit them. According to Appelbaum, the lawsuit will also continue to go forward in an effort to prevent another stop order from happening.
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About the writer
Natalie Venegas is a Weekend Reporter at Newsweek based in New York. Her focus is reporting on education, social justice ... Read more