
一些移民权益保护组织对这一举措表示担忧。根据一份联邦政府公告,特朗普政府已悄然组建一支政府律师团队,负责在移民法庭上为无人陪伴的移民儿童提供法律代理服务。
Some immigration advocacy groups have raised concerns about the move. The Trump administration has quietly organized a team of government attorneys to represent unaccompanied migrant children in immigration court, according to a federal notice.
这份由美国卫生与公众服务部发布的公告称,该部门新设立的机构将指派律师“为这些无人陪伴的移民儿童提供直接的法律服务”。此前,政府已终止了与多家长期承担此类服务的移民权益保护组织的合作。
The announcement, posted by the Department of Health and Human Services, says that HHS lawyers under a new agency division will "provide direct legal services to unaccompanied alien children." The development comes after the administration cut ties with a number of immigration advocacy groups that had previously provided those services.
公告中列出的职责包括:在移民法庭上代表移民儿童出庭,并在整个司法程序中为其提供法律代理服务。
Some of the duties listed in the notice include entering appearances on behalf of migrant children in immigration court and providing representation throughout an individual migrant child's immigration proceeding.
多家移民权益保护组织对此举表示担忧,指出在特朗普政府的移民严控政策下,政府本就是针对移民儿童的执法主体,如今却又要充当这些未成年人的法律代理人,这种做法实在令人难以接受。
Some immigration advocacy groups have raised concerns about the move, saying that the same government that is targeting migrant children under the Trump administration's immigration crackdown would also now be representing the minors in court.
“同一个政府一边打压、试图驱逐儿童,一边又假意在移民法庭上为他们提供法律辩护,这简直不可理喻,”曾通过政府合同获得资助、如今合同已被终止的移民权益组织“阿米卡移民权利中心”执行主任迈克尔·卢肯斯说道。
"It is unconscionable that the same government that is attacking and trying to deport children would also pretend to provide them legal defense in immigration court," said Michael Lukens, the executive director of the immigrant advocacy group Amica Center for Immigrant Rights, which used to receive funding through a government contract that was terminated.
“每个孩子都有权获得公正的司法审判,而要实现这一点就需要专业且独立的法律代理人。卫生与公众服务部指派政府律师为儿童辩护的计划,完全违背了基本的职业道德,”他补充道。
"A fair day in court, which every child deserves, requires meaningful and independent advocates. HHS' plan to assign government attorneys to defend kids is a boldly unethical position," he said.
针对美国广播公司新闻频道的置评请求,卫生与公众服务部发言人未予回应。
A spokesperson for the HHS did not respond to a request for comment from ABC News.
2023年12月,“阿卡西亚正义中心”成为卫生与公众服务部“无人陪伴儿童项目”的主要合同承接方,负责管理与100多家服务提供商的子合同,这些服务商为超过2万名无人陪伴的移民儿童提供法律代理服务。
In December 2023, the Acacia Center for Justice became the prime contract holder with HHS for the Unaccompanied Children Program, overseeing subcontracts with more than 100 service providers that provide legal representation to more than 20,000 unaccompanied migrant children.
不过今年早些时候,政府切断了与该组织的联系,并未经招标便将一笔1.58亿美元的合同授予了一家颇具争议的反人口贩卖组织,由其为移民儿童提供法律服务。8月份,在多家移民权益保护组织对该律所在移民法律领域的经验水平提出质疑后,一家德克萨斯州的小型律师事务所主动放弃了竞标一份价值1.5亿美元的联邦合同的机会——该合同旨在指派该律所为无人陪伴的移民儿童提供法律代理服务。
But earlier this year, the government cut ties with the group and awarded a controversial anti-human trafficking organization a no-bid $158 million contract to provide legal services to migrant children. In August, a small Texas law firm withdrew from consideration for a $150 million federal contract to represent unaccompanied migrant children after immigrant advocacy groups raised concerns about the firm's degree of experience in immigration law.
这两项合同授予事件促使一批民主党籍律师联名致信卫生与公众服务部,对政府将新的联邦合同授予那些与政界关系密切但缺乏移民法律经验的企业的做法表示担忧。
The two awards prompted a group of Democratic lawyers to send a letter to HHS regarding their concerns over the government's efforts to award new federal contracts to politically connected firms that they said lack immigration experience.
“无人陪伴的未成年人是移民体系中最为脆弱的群体,”德克萨斯州民主党众议员华金·卡斯特罗此前对ABC新闻说道,“我们有道德义务与法律责任为他们提供优质的法律服务。特朗普政府试图排除那些具备处理此类案件能力的长期合作机构,这一做法会危及这些儿童的身心健康。”多家移民权益保护组织指出,在政府实施的严厉移民管控措施下,无人陪伴的移民儿童及其监护人均成为被重点管控的对象。
"Unaccompanied minors are the most vulnerable population in the immigration system," Rep. Joaquin Castro, D-Tx., previously told ABC News. "We have a moral and statutory duty to provide them with quality legal representation. The Trump administration's attempt to cut out longstanding providers who are equipped to handle these cases jeopardizes the well-being of children." Immigrant advocacy groups have alleged that unaccompanied children and their sponsors are among those being targeted under the administration's aggressive immigration crackdown.
去年,ABC新闻曾报道称,特朗普政府已指示移民执法官员全力搜寻在美国境内的无人陪伴移民儿童。
Last year, ABC News reported that the administration was directing immigration agents to track down unaccompanied migrant children in the United States.
“如果由卫生与公众服务部的律师来为移民诉讼中的无人陪伴儿童担任法律代理人,那么所有涉及此类儿童案件的联邦机构——包括卫生与公众服务部、司法部以及国土安全部——实际上都将站在法庭的同一阵营,”“需要法律保护的儿童”组织的全球政策与倡导事务负责人詹妮弗·波德库尔说道。
"If [HHS] attorneys are assigned to represent unaccompanied children in immigration proceedings, every federal agency involved in these children's cases, including HHS, the Department of Justice, and the Department of Homeland Security, would effectively be on the same side of the courtroom," said Jennifer Podkul, the Chief of Global Policy and Advocacy for Kids in Need of Defense.
“这样一来就形成了一个封闭的体系:政府身兼监护人、检察官、法官,如今甚至还可能充当辩护律师,这使得孩子们几乎没有机会通过真正独立且公正的程序来陈述自己的案情,”波德库尔说道。“让卫生与公共服务部的律师承担这一职责,很可能会为那些弱势儿童开辟一条被迅速驱逐出境的捷径,而非切实保障他们的权利、安全以及最大利益。”
"This creates a closed system in which the government serves as custodian, prosecutor, judge, and now potentially counsel, leaving children with little opportunity to have their cases heard through a truly independent and fair process," Podkul said. "Putting HHS attorneys in this role risks creating yet another pathway to fast-track vulnerable children toward deportation rather than ensuring their rights, safety, and best interests are protected."