San Diego County becomes first in California to expand defense program for unacompanied minors

300 local children face deportation proceedings without attorneys

SAN DIEGO COUNTY — In a 4-1 vote Tuesday, the San Diego County Board of Supervisors unanimously approved expanding the county's Immigrant Legal Defense Program to include unaccompanied immigrant children, making it the first county in California to take such action after the Trump administration terminated federal funding for legal representation of minors in immigration proceedings.

The decision affects approximately 300 unaccompanied children in San Diego County who lost their federally-funded attorneys when the Trump administration cut the Unaccompanied Children Program in March 2025. Nationally, an estimated 26,000 children were impacted by the federal funding termination.

The Children and Their Journeys

Unaccompanied minors are defined as children under 18 who arrive in the United States without a parent or legal guardian and lack legal immigration status. According to federal data, approximately 30% of these children are girls and 70% are boys, with 86% arriving between ages 13-17, though 14% are "tender age" children between 6-12 years old.

Most unaccompanied children do not arrive at the border because they are runaways or because their parents have abandoned them. Instead, most often, parents have made the desperate determination that it is safer for their children to attempt to flee alone to the border than to remain at risk of persecution or violence. The vast majority of these children come from Guatemala, Honduras and El Salvador – countries with some of the highest child homicide rates in the world.

As of 2014, an estimated 75%-80% of unaccompanied children arriving at the U.S.-Mexico border have travelled with smugglers. Many flee gang violence, forced recruitment, sexual exploitation, and life-threatening harm in their home countries.

Where Are the Families?

Most sponsors are family members, including parents that were already in the U.S. Although the percentage varies, as many as three-quarters or more of the sponsors are family members. These sponsors can and do include individuals who are undocumented. According to The New York Times reporting from 2021, about half of the roughly 2,000 minors released to sponsors in a given week were reunited with parents or legal guardians after an average of 23 days. Those with more distant relatives had to wait on average nearly two months.

However, the federal definition of "unaccompanied" is broader than many realize. The Department of Homeland Security defines children traveling with their parents or legal guardians as part of "family units" and all other children as "unaccompanied minors." As a result, children traveling with grandparents, adult siblings, and aunts and uncles are referred to the UAC program.

Funding Details and Per-Capita Costs

The county Board of Supervisors voted to include these minors within its existing Immigrant Legal Defense Programme, established in 2021. This program already allocates $5 million annually, and approximately $300,000 of those funds will now be directed towards hiring additional personnel to specifically aid unaccompanied minors.

With San Diego County's population of approximately 3,255,567 residents, the total program cost represents about $1.54 per county resident annually. The allocation for unaccompanied minors specifically costs approximately $0.09 per county resident.

For the estimated 300 unaccompanied children in the county, this translates to approximately $1,000 per child annually from the redirected funds, though the program's expansion is not expected to require additional funding beyond the existing $5 million budget.

Why County Responsibility?

The decision to act at the county level comes amid a complex jurisdictional landscape. Immigration is regulated at the federal level, chiefly under the rules established in 1952 with the passage of the Immigration and Nationality Act (INA). The Supreme Court has explained that the Federal Government is uniquely entrusted with the responsibility of regulating the relationship between the United States and alien visitors.

However, judicial decisions across the Trump and Biden administrations have consistently affirmed that immigration enforcement is a federal responsibility—but one that cannot be delegated by force. The anti-commandeering doctrine and the scope of state police powers together create strong constitutional barriers against mandating state participation.

Supervisor Joel Anderson cast the opposing vote, stating "Out of all of California's 58 counties, we are the only ones proposing this because those counties understand it's a federal issue and I agree with them".

Board Chair Terra Lawson-Remer countered this perspective, emphasizing the county's moral obligation. "When the federal administration retreats, our County will step forward to defend our residents and uphold the promise of justice for all," Lawson-Remer said.

Federal Funding Cuts and Legal Challenges

The Trump administration cut funding to the program that provides legal representation to tens of thousands of unaccompanied migrant children, according to a memo issued in March by the Interior Department. Organizations that collectively receive over $200 million in federal grants were told that the contract was partially terminated, ending the funding for legal representation.

A federal judge in San Francisco issued a temporary restraining order against the cut on April 2, with the court finding that "the continued funding of legal representation for unaccompanied children promotes efficiency and fairness within the immigration system." However, as of recent reports, the federal government has not restored funding to the legal service providers.

The Trafficking Victims Protection Reauthorization Act recognizes children's vulnerability and mandates special care and protections for children when they arrive in the United States alone. Yet, these children are not provided court-appointed counsel in the immigration court system, even as they face a government-funded prosecutor.

Impact of Legal Representation

According to Lawson-Remer, without legal representation, "only 5 percent of people prevail in immigration court," and with an attorney, "the success rate rises to 66 percent".

Carmen Chávez, Executive Director of Casa Cornelia Law Center, which has provided free legal services to unaccompanied minors for nearly 25 years, explained the stakes: "When they do go to court, there is opposing counsel, there's a government attorney sitting at another table, who is seasoned, who is knowledgeable about the process. So you can imagine a youngster having to go through that process, to go in front of the court, in front of a judge. It's very intimidating. It's very scary, and they don't understand what the process is or what's happening".

Program Operations and Oversight

The county launched the Immigrant Legal Defense Program in 2021 to provide counsel to detainees facing deportation. According to officials, the program has served 3,000 people to date. The county program contracts with attorneys in the region per case, meaning that it can be easily scaled up or down depending on need as long as there is funding.

The county has budgeted $5 million in the program's first year to pay for services provided by three legal nonprofits: the Southern California Immigrant Project, Jewish Family Service of San Diego, and the American Bar Association's Immigrant Justice Project. The money also includes $500,000 for translation services.

Funding Sources and Budget Impact

The expanded program will draw from existing county allocations rather than new revenue sources. Lawson-Remer said adding kids to the program would draw from that pot of money, not requiring additional funds. She was resolute that the county would not dig into the controversial reserve account for that purpose.

The county's decision comes as it faces various fiscal pressures, but supporters argue the investment is both legally and morally necessary. Supervisor Jim Desmond expressed reservations about the plan, saying "I feel sorry for the kids" but questioned why "local San Diegans should pay for their legal fees".

National Context and Implications

San Diego County's action places it at the forefront of a national debate over immigration responsibilities. Up until 2022, there was bipartisan consensus to provide legal representation to unaccompanied children. The Trafficking Victims Protection Act (TVPA), approved in 2000, was reauthorized five times with Republican support.

In 2023, only 56% of unaccompanied minors in immigration courts were represented by counsel, according to data from the Department of Justice. Most unaccompanied children are eligible for permanent status in the U.S., often by obtaining T visas for child survivors of trafficking or U visas for victims of sexual exploitation and other crimes. However, without federal resources for legal services, most of them would be deported.

The program is set to begin as federal protections end September 30, with hundreds of children potentially facing deportation hearings without legal representation. The county's initiative may serve as a model for other jurisdictions grappling with similar challenges as federal immigration enforcement priorities shift.

---

Sources

1. Archyde. "San Diego County Board Votes to Offer Legal Aid to Unaccompanied Immigrant Children." September 9, 2025. https://www.archyde.com/san-diego-county-board-votes-to-offer-legal-aid-to-unaccompanied-immigrant-children/
2. NBC 7 San Diego. "County supervisor wants to extend legal representation to unaccompanied minors." September 2, 2025. https://www.nbcsandiego.com/news/local/county-supervisor-wants-to-extend-legal-representation-to-unaccompanied-minors/3894966/
3. Times of San Diego. "Supervisors vote to expand legal aid to unaccompanied immigrant children." September 10, 2025. https://timesofsandiego.com/politics/2025/09/09/supervisors-vote-expand-legal-aid-unaccompanied-immigrant-children/
4. Voice of San Diego. "Border Report: County Could Extend Legal Services to Unaccompanied Kids." September 8, 2025. https://voiceofsandiego.org/2025/09/08/border-report-county-could-extend-legal-services-to-unaccompanied-kids/
5. 10News San Diego. "San Diego County considers expanding legal aid for undocumented migrant children." September 2, 2025. https://www.10news.com/news/local-news/san-diego-county-considers-expanding-legal-aid-for-undocumented-migrant-children
6. KPBS. "Lawson-Remer proposes plan to cover legal aid for San Diego's unaccompanied migrant children." September 2, 2025. https://www.kpbs.org/news/border-immigration/2025/09/02/lawson-remer-proposes-plan-to-cover-legal-aid-for-san-diegos-unaccompanied-migrant-children
7. San Diego Union-Tribune. "Supervisors vote to include immigrant children in county's legal services program." September 9, 2025. https://www.sandiegouniontribune.com/2025/09/09/supes-vote-to-include-immigrant-children-in-countys-legal-services-program/
8. CBS 8. "San Diego County looks to expand legal defense program for immigrant children after Trump administration cuts." https://www.cbs8.com/article/news/local/san-diego-county-looks-to-expand-legal-defense-program-for-immigrant-children-following-trump-administration-cuts/509-8b000398-e6f4-4e55-a58c-026c68f1a974
9. KPBS. "Supervisors vote to expand immigrant legal defense program." September 10, 2025. https://www.kpbs.org/news/border-immigration/2025/09/10/supervisors-vote-to-expand-immigrant-legal-defense-program
10. Migration Data Portal. "Child and young migrants data." https://www.migrationdataportal.org/themes/child-and-young-migrants
11. National Immigration Forum. "Fact Sheet: Unaccompanied Migrant Children (UACs)." November 3, 2020. https://immigrationforum.org/article/fact-sheet-unaccompanied-migrant-children-uacs/
12. Administration for Children and Families. "Data | Unaccompanied Children." https://acf.gov/orr/about/ucs/facts-and-data
13. Wikipedia. "Unaccompanied Alien Children." June 25, 2025. https://en.wikipedia.org/wiki/Unaccompanied_Alien_Children
14. Administration for Children and Families. "Unaccompanied Alien Children Bureau." https://acf.gov/orr/fact-sheet/programs/uc/fact-sheet
15. National Immigration Forum. "Unaccompanied Alien Children - 2025 Update." April 2, 2025. https://immigrationforum.org/article/unaccompanied-alien-children-ucs-or-uacs-2025-update/
16. Save the Children. "Unaccompanied Children at the U.S. Border." https://www.savethechildren.org/us/charity-stories/unaccompanied-minors-border-crisis
17. PMC. "Migrant unaccompanied minors." December 1, 2021. https://pmc.ncbi.nlm.nih.gov/articles/PMC7615140/
18. Administration for Children and Families. "Unaccompanied Children Infographic." https://www.acf.hhs.gov/orr/uac-infographic
19. World Population Review. "San Diego County, California Population 2025." https://worldpopulationreview.com/us-counties/california/san-diego-county
20. Wikipedia. "San Diego County, California." September 9, 2025. https://en.wikipedia.org/wiki/San_Diego_County,_California
21. ABC News. "Trump administration halts funding for legal aid for migrant children." March 21, 2025. https://abcnews.go.com/US/trump-administration-halts-funding-legal-aid-migrant-children/story?id=120033078
22. National Immigrant Justice Center. "Update: Trump administration rescinds stop-work order that halted legal services for unaccompanied immigrant children." June 2, 2025. https://immigrantjustice.org/press-release/update-trump-administration-rescinds-stop-work-order-that-halted-legal-services-for-unaccompanied-immigrant-children/
23. Axios. "Trump plan cuts legal help for thousands of migrant kids." April 12, 2025. https://www.axios.com/2025/04/12/migrant-children-legal-defense-budget
24. CNN. "Trump administration cuts off access to legal services for unaccompanied migrant children." February 19, 2025. https://www.cnn.com/2025/02/18/politics/unaccompanied-migrant-children-legal-services-trump-cuts/index.html
25. NPR. "Judge orders White House to restore legal aid to unaccompanied migrant children." April 2, 2025. https://www.npr.org/2025/04/02/nx-s1-5348831/judge-trump-administration-legal-aid-to-migrant-children
26. Prism Reports. "Trump signals defunding legal services for unaccompanied children." March 17, 2025. https://prismreports.org/2025/03/17/unaccompanied-migrant-children-legal-services/
27. NBC News. "Trump administration cuts off legal funding for nearly 26,000 unaccompanied migrant children." February 19, 2025. https://www.nbcnews.com/politics/national-security/legal-organizations-told-stop-federally-funded-work-unaccompanied-migr-rcna192828
28. Daily News. "Immigration groups sue Trump administration over cuts to legal funds for unaccompanied minors." March 28, 2025. https://www.dailynews.com/2025/03/27/immigration-groups-sue-trump-adminstration-over-cuts-to-legal-funds-for-unaccompanied-minors/
29. KPBS. "Nonprofits sue after Trump administration cuts legal aid funding for unaccompanied children." April 7, 2025. https://www.kpbs.org/news/border-immigration/2025/04/04/nonprofits-sue-after-trump-administration-cuts-legal-aid-funding-for-unaccompanied-children
30. iNewsSource. "San Diego County immigrant legal defense program launches." August 2, 2022. https://inewsource.org/2022/04/28/san-diego-county-immigrant-defense-program/
31. National Immigrant Justice Center. "Legal Services and Help for Unaccompanied Immigrant Children." June 26, 2025. https://immigrantjustice.org/issues/legal-help-unaccompanied-immigrant-children/
32. Supes vote to expand aid to unaccompanied immigrant children