Goldman, Cortez Masto, Crow, Padilla Slam Trump Administration’s Nonpayment for Legal Services for Unaccompanied Minors 

Legal Services Providers Have Not Received Owed Payment Since 2025

Washington, D.C. - U.S. Representatives Dan Goldman (D-NY) and Jason Crow (D-CO) and U.S. Senators Catherine Cortez Masto (D-NV) and Alex Padilla (D-CA) are leading 70 lawmakers in demanding that the Office of Refugee Resettlement (ORR) reimburse providers for work performed under their contract to furnish legal services to unaccompanied children. ORR has not issued reimbursements for services rendered since December 2025, despite Congress having appropriated funds for this purpose. The agency’s ongoing refusal to issue payments contravenes the Trafficking Victims Protection Reauthorization Act (TVPRA) requirements, appropriations directives, and the federal government’s contractual obligations.

“ORR’s plain breach of contract threatens the viability of the nationwide network of nonprofit legal service providers that serve vulnerable unaccompanied children. These providers deliver critical legal representation, legal screenings, and Know Your Rights presentations to thousands of children across the country," wrote the lawmakers. “Their work is essential to ensuring that children are protected from trafficking, exploitation, and other harms, and that they appear for and are able to meaningfully participate in their immigration proceedings. Nonprofit providers do not have the reserves necessary to absorb prolonged nonpayment at this scale. As a result, organizations may be forced to lay off staff, stop accepting new cases, or cease operations altogether. These outcomes would jeopardize thousands of children’s access to legal representation mid-case.” 

The lawmakers also expressed concern about reports that ORR is conditioning reimbursement on the provision of additional, case-specific information not required under the terms of the contract. These demands are an administrative stall tactic and reportedly include identifying information about child clients that may implicate attorney- client privilege and ethical obligations governing confidentiality.

The lawmakers are demanding that ORR immediately fulfill all pending invoices; provide an explanation of the basis for the payment delays; and confirm that ORR will not condition payment on the provision of information not required under the contract.

The full text of the letter is available here or below: 

Dear Secretary Kennedy:

We write with urgent concern regarding the Office of Refugee Resettlement’s (ORR) failure to reimburse providers for work performed under its contract to furnish legal services to unaccompanied children. Based on available information, ORR has not issued reimbursements for services rendered since December 2025, despite Congress having appropriated—and ORR having obligated—funds for this purpose. These non-payments violate numerous laws and imminently threaten the continued provision of essential legal services to vulnerable children.

As you know, the Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) requires the Department of Health and Human Services (HHS) to ensure that unaccompanied children have access to legal representation “to the greatest extent practicable.” For nearly two decades, ORR has fulfilled this mandate through a contract it administers that presently provides funding to nearly 100 legal services providers throughout the country. Successful implementation of that contract depends on timely reimbursement for services rendered. Indeed, bipartisan Fiscal Year 2026 appropriations measures mandate that ORR fund services performed under the contract. The agency’s ongoing refusal to issue payments contravenes the TVPRA, appropriations directives, and the federal government’s contractual obligations. 

ORR’s plain breach of contract threatens the viability of the nationwide network of nonprofit legal service providers that serve vulnerable unaccompanied children. These providers deliver critical legal representation, legal screenings, and Know Your Rights presentations to thousands of children across the country.  Their work is essential to ensuring that children are protected from trafficking, exploitation, and other harms, and that they appear for and are able to meaningfully participate in their immigration proceedings. Nonprofit providers do not have the reserves necessary to absorb prolonged nonpayment at this scale. As a result, organizations may be forced to lay off staff, stop accepting new cases, or cease operations altogether. These outcomes would jeopardize thousands of children’s access to legal representation mid-case.

We are particularly troubled by reports that ORR is conditioning reimbursement on the provision of additional, case-specific information not required under the terms of the contract. The additional demands appear to be an administrative stall tactic that is wholly unjustified and unacceptable. Moreover, these new demands reportedly include identifying information about child clients that may implicate attorney- client privilege and ethical obligations governing confidentiality. Such requirements are inconsistent with longstanding legal ethics rules and raise serious additional concerns, particularly given existing information-sharing arrangements between HHS and the Department of Homeland Security (DHS), which serves as opposing counsel in immigration proceedings. Legal services providers cannot—and must not— be compelled to violate ethical obligations to their clients as a condition of receiving payment. Conditioning reimbursement on such disclosures would represent a unilateral and improper modification of the contract. 

Ultimately, we are concerned that these payment delays may be an attempt to circumvent requirements that ORR continue funding legal services for unaccompanied children. However, the federal government must meet its obligations under the law. Accordingly, we request the following:

1. Immediately fulfill all pending invoices for legal services performed under the ORR contract;
2. Confirm that ORR will not condition payment on the provision of information not required under the contract, not least where such requirements would implicate attorney-client privilege or ethical obligations;
3. Provide a detailed explanation of the basis for the payment delays, including any internal directives or policy changes that led to this situation; and 
4. Outline the steps HHS will take to ensure timely reimbursement going forward, consistent with contractual and statutory requirements.

Given the urgency of this matter and its impact on vulnerable children and nonprofit providers

nationwide, we request a response no later than June 5th, 2026. We appreciate your prompt attention to this issue and look forward to your response.

Sincerely,

###