Judges Reject Trump Administration’s Request for Review in Unaccompanied Children Funding Case
Ten judges dissented from the Ninth Circuit’s ruling that denied rehearing en banc.
A federal judicial panel on Friday dismissed the Trump administration’s request for an en banc review—a full court hearing—to reconsider its appeal to reinstate funding cuts for nonprofit organizations offering legal services to unaccompanied illegal immigrant children.
A panel of three judges from the U.S. Court of Appeals for the Ninth Circuit denied the administration’s petition for en banc rehearing, with two judges opposing it and one judge supporting the denial with a recommendation.
Ten judges dissented from this decision, including Judges Lawrence VanDyke and Patrick Bumatay, asserting that the case warranted a complete court hearing.
They noted, “The government’s appeal in this prominent case raises significant concerns regarding judicial overreach, separation of powers, and the inappropriate use of injunctive relief.”
Related Stories
The dissenting judges insisted that a full court review was necessary to address the errors made by the motions panel that solidified the district court’s ruling.
In response, HHS requested the appeals court to reassess its appeal with the full court, claiming that the rejection of its appeal contradicted a recent Supreme Court ruling in another context.
“In that case, the Supreme Court invalidated a TRO that, like the one here, compelled the government to keep funding terminated contracts,” they clarified. “The Supreme Court ruled that such an order effectively acts as an appealable preliminary injunction, regardless of its designation.”
The dissenting judges further remarked that the Ninth Circuit’s ruling contradicted the Supreme Court’s decision, suggesting that both cases pertained to similar issues, despite being separate cases.
“The ink is scarcely dry on the Supreme Court’s ruling in Department of Education, yet our court has overlooked it in two critical ways: disregarding its conclusion on our jurisdiction to hear appeals of certain TROs, and its findings regarding a district court’s authority over government contracts,” they noted.
Currently, approximately 26,000 unaccompanied children receive federally funded legal representation in the U.S. The nonprofit groups emphasized that the majority of these children do not speak English and cannot afford legal assistance.
The HHS and the Office of Refugee Resettlement have maintained that taxpayers are not obligated to finance direct legal aid for unaccompanied children, particularly in light of ongoing efforts to reduce government spending.
The Epoch Times has contacted HHS for comments but received no response by the time of publication.
