A nonprofit that provides legal representation for migrant children who are in Washington state without an adult or a legal guardian has laid off most of its in-house attorneys and plans to close its Seattle office next month. That’s even after a legal challenge that temporarily blocked the Trump Administration from cutting funding to provide those services.
Kids in Need of Defense, or KIND, currently serves more than 400 unaccompanied children and youth across the Pacific Northwest, according to Jessica Castallenos, managing director for the national nonprofit’s Seattle office.
“My entire team was laid off, except for three attorneys to remain for the next month to wind down cases – which means withdrawing from hundreds of children’s cases and telling hundreds of children that they do not have attorneys,” Castallenos said.
Castallenos made the comments earlier this month at a Seattle City Council meeting. Headquartered in Washington, D.C., Seattle is one of 14 U.S. cities where KIND operates, according to its website. KIND’s website currently lists 22 employees who work out of Seattle, which she said is set to close on May 23.
Castallenos said KIND attorneys directly represent about 300 minors. The nonprofit helps kids as young as infants with everything from applying for asylum to receiving medical care. The organization also partners with additional attorneys to provide pro bono representation for migrant children.
“We are withdrawing from almost 250 children’s cases,” Castallenos said. “And there’s only 55 of those cases that remain, that we are not withdrawing from. And that is because the City of Seattle – that is because of OIRA’s investment in the representation of unaccompanied children and immigrants, in general.”
Seattle’s Office of Immigrant and Refugee Affairs, or OIRA, provides some funding for attorneys to represent children in immigration proceedings.
In a statement to KNKX, KIND President Wendy Young said the organization is working with its network of pro bono attorneys to figure out how to support cases in Seattle and across the country going forward.
“While it is deeply unfortunate that the administration has chosen to walk away from the government’s long-standing commitment to supporting these critical services for children, we are doing all we can to ensure their continued access to legal representation and due process,” Young said.
KIND’s shuttering in the state comes after the U.S. Department of Health and Human Services ended a contract on March 21 with Acacia Center for Justice. The Acacia Center partners with a network of human rights organizations — such as KIND — to provide attorneys for more than 26,000 unaccompanied migrants in the country under the age of 18.
Some of the organizations that partner with Acacia Center have filed a federal lawsuit that claims cutting the Unaccompanied Children Program violates a 2008 law meant to protect migrant children from trafficking. A judge recently granted a temporary restraining order that reinstates the funding while the legal challenge plays out. Still, uncertainty remains.
The Northwest Immigrant Rights Project is named as a plaintiff in that lawsuit. Officials with NWIRP told Northwest Public Broadcasting that they are currently not taking on new clients. They said the order has not restored funding for the legal aid.
The International Rescue Committee, a national nonprofit that provides resources for refugee and immigrant families, currently handles 145 children’s cases in the region.
Janet Gwilym, managing attorney for children’s legal services at IRC’s Washington state branch, said her organization is trying to keep up with its caseload and the ongoing case over the federal cuts. She said they have also stopped taking on new cases.
“It’s just very, very stressful because we don’t know — even when something comes down from the courts — how is it going to really affect the actual action on the ground?” Gwilym said.
She said the closure of KIND is causing a ripple effect.
KIND conducted “Know Your Rights” presentations and legal screenings to children who are detained or are in custody under a separate contract that has not been canceled. That work has now fallen to other organizations.
“So KIND was the only provider providing legal services to that population in the state,” Gwilym said. “And so we’ve been asked to take over a facility of those kids.”
Gwilym said that includes background checks and training for staff to receive authorization to get into those facilities.
She said she’s been in touch with staff at KIND and Northwest Immigrant Rights Project about how the three organizations could support each other.
“But, you know, it’s just impossible to take on all the cases from KIND,” Gwilym said.
Meanwhile, The city of Seattle is considering a resolution that would commit an additional $300,000 split between its Office of Immigrant and Refugee Affairs and an immigrant community defense fund to address the federal cuts. However, that wouldn’t be allocated right away if the resolution is passed. Instead, the city would have to appropriate it when it's going through the budget process.
At a recent meeting, city council members and immigrant rights advocates agreed that money would help with efforts to provide legal assistance for unaccompanied children, but both noted that it’s a drop in the bucket compared to the need.
