Retired immigration judge recalls unaccompanied infants in need of lawyers
Mar 25, 2025
McALLEN, Texas (Border Report) -- A retired federal immigration judge on Tuesday spoke out against the Trump administration for canceling federal funds for lawyers to represent unaccompanied minors who illegally cross the border into the United States.
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Jennie Giambastiani, a former immigration judge, said she oversaw cases for "thousands" of unaccompanied children who crossed the border while on the bench in Chicago, and she says they need legal representation to help them maneuver through complicated court hearings and immigration law.
"I saw these children appear while they were in ORR (Office of Refugee Resettlement) custody, separated from their families, far from home, some as young as infants. They were required to plead to complex immigration charges, present their claims for asylum and other forms of humanitarian protection or defend via other means against the imminent risk of deportation to countries where they had been or would most certainly be in harm's way," Giambastiani said Tuesday on a call with reporters hosted by the Amica Center for Immigrant Rights.
"I witnessed firsthand the urgent need for legal representation for these children, the vast majority of whom do not speak English, who often do not speak Spanish, either. They generally arrive here by themselves, with no support and no means to retain a private attorney after having survived unspeakable traumas, both in their countries of origin and on their way here," she said.
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Giambastiani was as an immigration judge for 17 years, from 2002 to 2019, according to her Linked In account. She says she oversaw the detained and non-detained juvenile dockets in Chicago's immigration court.
During that time she relied on information that lawyers representing these children helped to supply the court. The lawyers were often paid through federal grants.
However, the Trump administration on Friday notified legal aid organizations that it was canceling a $200 million contract that had provided lawyers for over 25,000 children who arrive unaccompanied in the United States and face immigration proceedings.
Children from Angola and Mali in Africa were among 60 unaccompanied minors intercepted Sunday in Maverick County, Texas, by Texas DPS troops. (Photo Courtesy Texas DPS)
More than 100 nonprofit organizations, like Amica, were notified to stop representing the minors because the federal contract will not be renewed after March 29.
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"This termination of this funding stream is, in my mind, the biggest single attack on immigrant children since Trump's family separation policy in his first administration," said Michael Lukens, executive director for Amica. "We're talking about children losing a trusted adviser as they are figuring out how to navigate a broken immigration system, and we're talking about the collapse of the nonprofit legal services situation for children across the country."
Giambastiani said the government-paid lawyers helped court proceedings to run smoother and to be more efficient.
"Children as young as infants and toddlers were unrepresented in court before me. The provision of council, which federal law requires, was essential to my ability to preside over constitutionally fair proceedings for these children. I was grateful to to be able to work with the exemplary attorneys that the government funded and provided for these children. The attorneys worked hard to make sure that the children understood the proceedings and could present their claims in court. They also clearly had built a trust and rapport with the young clients, which allowed the proceedings to proceed comfortably and smoothly for everyone involved," she said.
Sandra Sanchez can be reached at SSanchez@BorderReport.com.
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