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Sixty-three Democratic members of Congress have asked Health and Human Services Secretary Robert F. Kennedy Jr. and leaders at the Office of Refugee Resettlement (ORR) to explain recent contract awards for legal services to unaccompanied migrant children. The lawmakers flagged a no-bid $158 million award to Our Rescue and raised questions about a separate $150 million notice that a small Texas firm later withdrew from. As first reported by ABC News, the letter says the awards risk putting children with little immigration experience in charge of cases for thousands of minors and asks ORR for documents and plans showing how the agency will meet its statutory obligations.
gravely concerned that ORR would entrust a vulnerable population with firms so plainly unqualified for the task.
the 63 lawmakers' letter
Key takeaways
- Lawmakers: Sixty-three Democrats sent a letter to HHS and the ORR demanding information about recent contracts for migrant children's legal services.
- No-bid award: HHS awarded a no-bid contract worth $158 million to Our Rescue to provide legal services to unaccompanied children.
- Withdrawn notice: ORR announced intent to award a $150 million contract to Burke Law Group, which later withdrew from consideration.
- Scope: Lawmakers and advocates say contracts were allowed to lapse and left more than 20,000 children without a replacement plan.
Table of contents
What the lawmakers asked and why it matters
Sixty-three Democratic members of the House and Senate sent a written request to Health and Human Services Secretary Robert F. Kennedy Jr. and to the director of the Office of Refugee Resettlement asking for details about the selection and oversight of new contractors that would represent unaccompanied children. The letter explicitly asks for documents showing how ORR evaluated bidders and whether those evaluations considered immigration-law experience and the ability to provide confidential legal consultation.
The lawmakers told HHS they are "gravely concerned that ORR would entrust a vulnerable population with firms so plainly unqualified for the task." They also quoted statutory requirements, noting that under the Trafficking Victims Protection Reauthorization Act of 2008 ORR must provide confidential, qualified legal consultation to unaccompanied children. The request seeks the contract award files, staffing plans, training materials and any communications that explain how ORR will ensure counsel is competent and confidential.
Contracts, parties and recent developments
The contested awards include a no-bid $158 million contract given to Our Rescue, the Utah-based group previously known as Operation Underground Railroad. Our Rescue was founded by Tim Ballard; Ballard resigned in 2023 amid allegations he denied. The organization is now led by Derek Benner, a former Department of Homeland Security official from the first Trump administration. HHS called Our Rescue "a premier organization focused on combatting human trafficking globally," saying the group can identify and represent children who are trafficking victims.
HHS posted a notice to award a $150 million contract to Burke Law Group, a small Texas firm founded by a former Trump appointee; that firm withdrew from consideration after scrutiny from lawmakers and advocates. An HHS official said the Our Rescue contract is currently stayed, and HHS said the White House rescinded $800 million in related funding that the department says affects implementation. Michael Lukens warned the combination of contract changes and funding rescissions has reduced the pool of experienced providers available to represent children.
How advocates and statute frame the risk to children's cases
Michael Lukens, executive director of the Amica Center for Immigrant Rights, said representation from experienced immigration lawyers is essential for unaccompanied children, who face complex removal proceedings and trafficking screens. He said nonprofits that lost contracts are struggling to keep services running and that the lapse left more than 20,000 children without a plan in place. He added that children are sometimes arriving in court without counsel and facing pressure to accept 'voluntary' removal.
The statutory backdrop is explicit: the Trafficking Victims Protection Reauthorization Act of 2008 requires ORR to provide confidential and qualified legal consultation to unaccompanied minors. Lawmakers argue that firms without demonstrated immigration practice risk procedural mistakes, missed relief opportunities and compromised confidentiality. The letter asks ORR to produce hiring and oversight records so Congress can assess whether the agency is meeting the law and protecting vulnerable children from inadequate representation.
| Organization | Contract value | Status | Notes |
|---|---|---|---|
| Our Rescue (formerly Operation Underground Railroad) | $158 million | Contract currently stayed | Awarded on a no-bid basis; HHS says group has trafficking expertise; run by Derek Benner |
| Burke Law Group | $150 million (notice of intent) | Withdrew from consideration | Small Texas law firm; withdrew after concerns about immigration experience |
Cases for and against the awards
The case for
- HHS argues Our Rescue's anti-trafficking experience positions it to identify victims and pursue immigration avenues when victimization is present.
- The stay on the Our Rescue contract and the Burke Law Group withdrawal create an opportunity for ORR to reopen competition or set clearer experience requirements before services resume.
The case against
- If inexperienced firms assume representation, children could face missed legal options, jeopardized confidentiality and poorer outcomes in removal proceedings.
- The rescission of $800 million in funding and the lapse of prior contracts could leave a sustained gap in representation capacity for more than 20,000 unaccompanied minors.
What to be careful about
- Unaccompanied children may appear in immigration court without counsel or with counsel lacking specialized immigration experience.
- Awarding legal representation to firms without proven immigration practice risks noncompliance with the Trafficking Victims Protection Reauthorization Act of 2008.
- Rescinded funding and contract stays could reduce available services nationwide, concentrating risk in jurisdictions with high caseloads.
The bottom line
The dispute over who should represent unaccompanied migrant children has reached a congressional level because lawmakers say recent contract actions risk substituting inexperience for established legal expertise. The core questions are procedural—how ORR evaluated bidders and whether it can show contracts will meet statutory standards—and practical: whether the pause, the Burke Law Group withdrawal and rescinded funds will leave thousands of children without effective counsel. HHS has defended its choices by pointing to trafficking expertise; Congress has asked for documents that would let outside reviewers judge whether that defence meets the legal and operational test for representing vulnerable minors.
What to watch
- Watch for ORR and HHS's formal written response to the 63 lawmakers' letter; no date has been set.
- Watch whether the stay on the Our Rescue contract is lifted, modified or made permanent; no date has been set.
Frequently asked questions
Who signed the letter pressing HHS?
Sixty-three Democratic lawmakers signed the letter; the letter names Rep. Joaquin Castro and Rep. Jasmine Crockett among the signatories.
What contracts are at issue?
The controversies center on a no-bid $158 million award to Our Rescue and a separate $150 million notice of intent to Burke Law Group, which later withdrew.
What legal obligation governs representation for unaccompanied children?
Lawmakers cite the Trafficking Victims Protection Reauthorization Act of 2008, which requires ORR to provide confidential and qualified legal consultation to unaccompanied minors.
What is the current status of the Our Rescue award?
An HHS official said the Our Rescue contract is currently stayed, and HHS said the White House rescinded $800 million in related funding that the department says affects implementation.
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