Judge Allows DOJ to Cut Immigrant Legal Aid Program Funding

A federal judge has permitted the Justice Department to temporarily halt funding for legal education programs that assist immigrants facing deportation proceedings. U.S. District Judge Randolph D. Moss declined to issue an immediate order requiring the DOJ to maintain funding for these programs, which will lose their federal support as of April 16. The decision affects several initiatives including the Legal Orientation Program and Immigration Court Helpdesk, which collectively received $29 million in annual congressional funding.

The funding termination follows an executive order from President Donald Trump targeting illegal immigration. The Justice Department initially ordered an immediate work stoppage in January, then rescinded that order after nonprofit groups filed a lawsuit, only to later announce contract terminations effective April 16. The nonprofit organizations argue that the funding cuts wrongly circumvent Congress's spending authority and were implemented without proper justification, while the DOJ contends this is essentially a contract dispute that should be handled by the Court of Federal Claims.

Unlike criminal proceedings, individuals in immigration courts do not have a right to government-provided legal representation. The affected programs offer crucial guidance to help immigrants navigate the complex immigration court system, with advocates arguing they improve court efficiency and provide essential information to detainees. Program representatives testified that the funding cuts will eliminate services that help screen immigration cases and explain basic legal concepts to those facing deportation proceedings.

Judge Moss indicated he wants additional information before making a final decision at a hearing scheduled for May 14. He requested details about how the Justice Department decided to end the contracts, plans for the earmarked funds, and any access issues the nonprofits experience when attempting to reach detained immigrants. The judge acknowledged the case presents "substantial and important issues" that require further examination before a final ruling.

The impact of these funding cuts varies by location, with only six states currently providing attorney representation for more than half of immigrants in pending immigration cases. In New York, where a city council hearing on immigration fraud coincided with the federal court decision, legal aid providers warned that the loss of federal grants would eliminate essential services that help prevent immigrants from falling victim to fraudulent legal service providers. The $1.2 million federal grant for New York supported programs that multiple organizations relied upon for case screening and legal education.