Perhaps the largest focus of the nascent Trump administration's second term has been on immigration. Of the approximately 35 (and counting) executive orders issued so far this term, several have taken notably aggressive stances on immigration enforcement.
In accordance with this renewed focus, the Department of Justice instructed advocacy groups that aid detained immigrants through several federally funded programs to stop assisting immigrants with their cases.
The DOJ Memo
In January 2025, the Department of Justice (DOJ), led by President Donald Trump, issued a memo to certain legal service providers that receive federal funding to assist detained immigrants. The memo, obtained by ABC news, instructed these groups to stop helping immigrants in court. This affects programs like the Legal Orientation Program and the Counsel for Children Initiative, which help immigrants understand court processes after being detained. Information about the Legal Orientation Program has been removed from the DOJ website.
The Role of Federal Aid in Immigration
Unlike criminal cases, immigrants facing deportation and other immigration consequences do not have the right to a public defender. Instead, many immigrants gain representation through legal aid organizations. A few, such as the programs above, are federally funded.
Without help from these federal government programs, many migrants, including children and families, won’t get the legal aid they need. There are minors who are noncitizens who rely on the aid offered by these programs. These people will have to navigate a legal system they don’t understand and face immigration judges alone. There will be a permanent impact on the immigration statuses of many.
Immigrants face significant hurdles in representing themselves. Many may not speak English, understand the country's laws on immigration, and may not be aware of their rights when apprehended by immigration authorities.
According to a 2012 DOJ study, the government's Legal Orientation Program reduced the time of detention for immigrants by an average of six days and completed cases an average of 12 days sooner, saving the federal government more than $17.8 million. However, the Executive Office for Immigration Review (EOIR), which conducted the study, is also in the crosshairs, with four top officials fired within hours of Trump taking office.
The New Administration and Immigration
The move comes at a time when a lot of changes are happening with immigration law. A few executive orders of note include:
- Ending birthright citizenship (this has been declared unconstitutional)
- Creating the “Federal Homeland Security Task Force”
- Declaring a national emergency at the southern border
- Reinstating the “Remain in Mexico” program
- Pausing the "Refugee Resettlement" program
Lawyers and advocacy groups may argue that some of these policies violate basic rights and protections guaranteed by the U.S. Constitution, so the state of the law and available options for detained immigrants is complex. The "Remain in Mexico" program saw its share of litigation regarding its constitutionality during President Trump’s previous term, for example.
Meanwhile, Trump’s Department of Homeland Security has widened the net for expedited removal qualification. This faster deportation process is achieved without the formal court hearing accompanying due process.
Previously expedited removal was limited to immigrants who were both:
- Apprehended within 100 air miles of the U.S. international land border
- Continuously present in the U.S. for less than 14 days
The scope has now been widened also include immigrants for whom all of the following apply:
- Did not arrive by sea
- Are encountered in the U.S. more than 100 air miles from the border
- Have been in the U.S. for less than two years
Vulnerable immigrants, particularly detained immigrants, and their loved ones are being put under significant stress as they wait to see what the DOJ orders next.
Related Resources:
- Trump's Executive Order on Election Integrity: Is There Evidence of Voter Fraud? (FindLaw’s Law and Daily Life)
- What Are Executive Orders? What Are Their Limits? (FindLaw’s Law and Daily Life)
- The President as Law Enforcer (FindLaw’s U.S. Constitution)
