A September 29 Federal Register notice includes the unit within HHS's Office of the General Counsel. Democratic lawmakers had already called for guaranteed access to lawyers.
The Department of Health and Human Services (HHS) added to the structure of its Office of the General Counsel a division of government lawyers to advise and represent migrant children who arrive without their parents, according to a notice that revises and reissues the statement of organization of that office, published September 29, 2026, in the Federal Register. The document bears the signature of HHS Secretary Robert F. Kennedy Jr. It sets no effective date.
What the notice establishes
The unit is called the Division of Legal Representation for Unaccompanied Alien Children (UACLRD) and is part of HHS's Office of the General Counsel. It is led by an Associate General Counsel who reports to the General Counsel through a designated Deputy General Counsel.
According to the official text, its lawyers will provide direct legal advice and introductory guidance on immigration processes and on the rights and responsibilities of minors. They may also represent them in immigration proceedings, including before immigration courts. The notice says this representation may be provided throughout the child's process «as appropriate», that is, «as warranted»; it does not say it is automatic for everyone.
Separate From Those Who Hold Custody
The notice says the division is «separate and distinct» from the Division of Children, Families, and Aging. It says it operates independently of the Administration for Children and Families (ACF) and of the Office of Refugee Resettlement (ORR), which houses minors while they are placed with a sponsor. It also does not advise or represent ACF or ORR in any matter where it represents a child.
He document record states that it is citation 91 FR 61422 and that it revises and replaces the office's prior statement of organization.
Background: the funding debate
In February 2026, 101 House Democrats sent a letter to Secretary Kennedy asking for a long-term legal services contract for these children, according to a release of Representatives Dan Goldman and Jason Crow. The letter says the administration had relied on three-month extensions, that a funding cut the previous year lasted several weeks until a court order temporarily restored the money, and that about 26,000 unaccompanied children were affected. The lawmakers wrote that access to a lawyer is «an essential safeguard for unaccompanied children».
Activists who criticize the new setup, according to available press reports, argue that a government-employed lawyer who has children in custody may have a conflict of interest. The official notice responds in part with a separation of functions, but HHS has not publicly detailed, as far as could be confirmed, how confidentiality will be protected or when the lawyers will begin work.
What is not confirmed
- The date on which the division will begin taking cases.
- How many lawyers it will have and how many children it will serve.
- Whether it will fully replace the independent organizations that provided these services.
What does it mean to you?
- If you have a child, nephew, or other minor relative who arrived alone in the U.S., the notice by itself does not change their case today: there is no start date yet.
- If you are a sponsor of a minor, the general rule is that the child has their own immigration process, and it is advisable to check who represents them.
- Always verify updates in the Federal Register and on the HHS website, not in chain messages.
Legal notice: This information is general and does not replace the advice of a licensed immigration attorney or a representative accredited by the Department of Justice.
