EXCLUSIVE: Fed timeline challenges reports of migrant baby facing immigration judge alone
FIRST ON FOX: A federal timeline provided by officials overseeing unaccompanied migrant children challenges reports that a 1-year-old boy was left to navigate immigration court without counsel, showing that legal service providers intervened to secure representation following an initial hearing.
Addressing media reports highlighting toddlers appearing before immigration judges, Office of Refugee Resettlement (ORR) Acting Director Angie Salazar and Senior Advisor John Fabbricatore pushed back on headlines alleging systemic gaps in child legal representation, arguing that contractor failures and lack of invoice oversight created the initial court lapses.
"We don't have this big movement where we have a bunch of 1-year-olds who are going to court," Fabbricatore told Fox News Digital.
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According to ORR timeline records obtained by Fox News Digital, U.S. Customs and Border Protection (CBP) officers first encountered the 1-year-old boy and his 17-year-old mother near Naco, Arizona, on June 25. The child was accompanied by his mother at all court proceedings.
The critical gap occurred in July under the agency's former contractor, the Acacia Center for Justice, records show.
On July 1, Acacia completed legal orientation and consultation for the mother and child, but failed to file an E28 notice of appearance before the immigration court.
Consequently, during the child's first scheduled court hearing on July 8, no attorney was present — not even as a friend of the court — despite Acacia holding an active federal legal services contract at the time. The federal legal services contract with Acacia officially ended July 31.
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Following the end of the Acacia contract, the agency transitioned legal service oversight to the U.S. Committee for Refugees and Immigrants (USCRI), which officially initiated legal services Aug. 5. During an Aug. 7 appearance, the mother and child were granted additional time to obtain counsel, while USCRI representatives attended subsequent hearings on Aug. 17 and Aug. 28 as a friend of the court.
On Aug. 31, a motion was filed by the friend of the court and mother requesting court-appointed counsel at government expense, which was later denied by the immigration judge.
Progress continued into September as child advocates were officially appointed on Sept. 23, and USCRI filed a formal E28 notice of appearance on Sept. 25 to become the attorney of record. On Sept. 29, USCRI officially represented both mother and child in immigration court. The judge subsequently granted a continuance on Oct. 2, leading into a follow-up hearing scheduled for Friday.
Officials explained that the July breakdowns highlighted the core reason the administration terminated Acacia's multimillion-dollar contract, which was awarded under the Biden administration in November 2023. According to federal contract records on USAspending.gov, the Department of Health and Human Services had awarded the Acacia Center for Justice a $356.3 million bridge contract for legal services for unaccompanied children. Of that total award, more than $236.9 million had been outlaid prior to the contract's dissolution.
The network previously provided counsel to roughly 20,000 migrant children across the U.S., according to its website.
"I knew we were signing off on every invoice that we were receiving for legal services to the tune of $20-plus million sometimes each month," she told Fox News Digital. "So it made no sense to me that legal service providers were saying kids were unrepresented for a lack of funding."
"I tried to understand who was represented before," she added. "I tried to understand what we were paying for under this direct representation, but the invoices we received were completely redacted. There is no way I could ever know exactly what service was provided during the month."
Fox News Digital has reached out to the Acacia Center for Justice for comment. The contract funded a slew of services, including legal screenings, representations and presentations on the rights of migrant children in detention.
Following the dissolution of the Acacia contract, the ORR entered into a $20 million contract with USCRI, which expires Dec. 31.
"So USCRI was showing up in court as a friend of the court to ensure that there was at least somebody present in case Acacia did not show up," Fabbricatore said. "Now, as those cases are being looked at, USCRI is able to go in and actually meet with these children and then represent them in a follow-up hearing. So there may be some hearings where a child shows up, and initially they don't have representation, but USCRI will be there, identify that child, and then be able to move forward in the future as a representative for that child."
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Salazar emphasized that ORR officials track which children are represented by which lawyers on specific dates, noting that the agency respects attorney-client privilege.
"The former provider refused to give us those measurables," Fabbricatore said. "They refused to give us the alien registration number so we could determine what cases they were actually representing. They didn't want to give that. They refused to give that, and that was a holdup for us because we needed to know who was actually being represented so we can ensure that every kid at least had their legal orientation and had a legal representative that was talking to them."
Salazar noted that about 2% of migrant children in ORR custody are under the age of 5. Another 85% are ages 13 to 17, with 62% falling into the 16-to-17 bracket.
"What we said to our new grantee (USCRI): ‘We want you in 100% of the hearings where kids in our care are showing up to their immigration hearings,’" she said. "That is happening. I think we're at like 98%."
Fabbricatore added there are currently 1,690 migrant children in ORR custody.
"Under Biden, they had 22,000 in care a day. So it's a very vast difference," he said. "We've been able to lower that census, get kids through the court process quicker, and get them back with their parents if possible."