Judge Orders Trump to Restore Legal Aid for Mentally Ill Migrants
Ruling slams Trump-era policy shift that gutted representation for detained immigrants with mental disabilities in 47 states.
WASHINGTON — A federal judge on Monday ordered the U.S. Department of Justice to reinstate a policy that provides legal representation to immigrants deemed mentally incompetent to represent themselves in immigration court, ruling the agency’s decision to end the program was unlawful.
U.S. District Judge Amir Ali found that the Executive Office for Immigration Review (EOIR) acted arbitrarily and capriciously when it rescinded the National Qualified Representative Program (NQRP), violating the Administrative Procedure Act. The program, established in 2013, connects detained migrants with mental disabilities to qualified legal representatives during bond and removal proceedings.
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The Justice Department’s termination of the program in April 2025 effectively stripped these individuals of representation in 47 states, excluding Arizona, California, and Washington, where a 2013 settlement in Franco-Gonzalez v. Holder requires continued legal support.
Ali, a Biden appointee, wrote in his order that the government failed to justify the abrupt cancellation and disregarded the serious consequences of leaving vulnerable individuals unrepresented. He issued a preliminary injunction, vacating the EOIR’s decision to end the program and requiring notice to be provided to relevant immigration agencies and judges within 48 hours.
The order does not require the government to reinstate the program in its previous form. Ali noted that while the government must resume providing representation, it retains discretion in how to implement the policy, provided it meets legal standards.
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The NQRP had operated through contracts with the Acacia Center for Justice, which in turn subcontracted with nonprofit legal organizations to provide representation. Immigration judges, advocacy groups, and attorneys reported significant disruption following the program’s cancellation, including instances where judges ordered appointments without knowing the program had ended, resulting in unrepresented hearings.
In a June 4 declaration, EOIR Acting Director Sirce Owen said she began reviewing the program in January and formally ended it nationwide in April, except in the three Franco states. Advocacy groups said this left immigration courts in most states without a mechanism to conduct competency hearings or appoint counsel, threatening due process rights.
Ali ordered the government to file a status report by July 28 detailing its compliance with the reinstatement order and the provision of legal representation to eligible detainees.
The ruling is one of the first major rebukes of the Trump administration’s evolving immigration policy agenda, which includes tighter restrictions on legal access and procedural safeguards for migrants in custody.
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