The Department of Health and Human Services revealed plans to award a multimillion-dollar contract to a small Texas law firm, tasking it with representing thousands of immigrant children as they face immigration court proceedings.
HHS’s refugee resettlement division — charged with overseeing unaccompanied undocumented children — had a contract with the Acacia Center for Justice that was not renewed after expiring last Friday. The federal government had a fraught relationship with Acacia, including attempting to terminate its legal contract last March and withholding funding for months. Nonprofits have sued to get the agency to pay invoices dating back to December totaling roughly $65 million, the groups announced last week.
On Thursday, Acacia said its legal teams had defended more than 20,000 children despite not being paid. In a Tuesday statement before the new contract was published, the organization said it was “adamant” whoever took over the contract must have “deep experience” with the country’s immigration system.
The Office of Refugee Resettlement quietly awarded the new contract — worth up to $150 million per year — to the Burke Law Group, a boutique law firm headquartered in Houston. No one at the organization specializes in immigration law, according to staff biographies on the website, though the site lists “immigration and asylum” as one of two-dozen practice areas on a separate page.
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The firm would “provide legal orientation, legal consultation and attorney-of-record representation services” for unaccompanied immigrant children while under Office of Refugee Resettlement care, the agreement reads, and help connect them with legal resources after being discharged. The federal government has been required to help facilitate legal counsel for unaccompanied children in Office of Refugee Resettlement custody since 2008.
Founder and managing partner Marcella Burke worked in President Donald Trump’s first administration, serving as deputy general counsel in the Environmental Protection Agency before moving to the Department of the Interior, according to her LinkedIn profile. She is also a board member for the Federalist Society Houston Lawyers Chapter, according to a release noting her appointment by Texas Gov. Greg Abbott to the Texas School Land Board.
“The purpose of this proposed award is to provide legal orientation, legal consultation, and attorney-of-record representation services for eligible unaccompanied children (UACs) during immigration proceedings,” the notice, which is set to be officially published on the Federal Register on Thursday, read.
The contract is set to go into effect on Aug. 15 and last one year.