Burke Law Group has withdrawn from consideration for a $150 million HHS contract to represent unaccompanied migrant children after immigrant advocacy groups raised objections. Critics said HHS should rely on experienced nonprofits such as the Acacia Center for Justice, which manages subcontracts serving more than 20,000 children. The dispute also centers on ORR's request for client-level data that nonprofits call confidential and legally privileged. HHS says it is negotiating with another potential successor contractor.
Burke Law Group Withdraws From Controversial $150M Contract To Represent Unaccompanied Migrant Children
Eddie Seal/Bloomberg via Getty Images - PHOTO: A U.S. Border Patrol agent speaks to suspected immigrants near the U.S.-Mexico border in McAllen, Texas, Dec. 21, 2016.
A small Texas law firm, Burke Law Group, has withdrawn from consideration for a $150 million Department of Health and Human Services (HHS) contract to provide legal services to unaccompanied migrant children after objections from immigrant advocacy organizations raised concerns about the award.
What Happened
In a court filing, an HHS official said Burke Law Group informed the agency it was withdrawing from consideration for the grant. HHS had earlier posted a notice of intent in the Federal Register announcing plans to award the contract to the firm to "provide legal orientation, legal consultation, and attorney-of-record representation services for eligible unaccompanied alien children" during immigration proceedings and while children remain in government custody.
Who Is Burke Law Group?
According to its website, Burke Law Group employs 26 people across eight offices. The firm did not originally list immigration among its practice areas but later added immigration services. One founder, Marcella Burke, is a former Trump appointee who served at the Environmental Protection Agency and the Department of the Interior. Another founder and former partner, Jeffrey Hall, was recently confirmed to serve at the EPA. The firm did not immediately respond to requests for comment.
Why Advocacy Groups Objected
"It is very odd that HHS, in its mission to protect children, has chosen to give such a large amount of money to a firm that is clearly unqualified," said Michael Lukens, executive director of the Amika Center for Immigrant Rights, following HHS's announcement.
Advocacy groups argued HHS should continue to rely on experienced nonprofit legal providers that have represented unaccompanied children for years. In December 2023, the Acacia Center for Justice became the prime contract holder for HHS's Unaccompanied Children Program and oversees subcontracts with more than 100 service providers that provide legal representation to over 20,000 children.
Client Data Dispute
HHS told ABC News that its Office of Refugee Resettlement (ORR) "offered Acacia the opportunity" to receive a new federal contract that included requirements such as providing data on who they represent and billing HHS when submitting applications for immigration relief. Acacia and other legal services providers say ORR asked for "client-level data that is confidential and legally privileged," a request they refused because it could violate client privacy and legal privilege.
Broader Context And Next Steps
Advocates have also raised concerns about enforcement actions targeting organizations and individuals who assist unaccompanied children. In recent months, Department of Homeland Security agents visited offices of several Washington-area nonprofit legal providers, and there have been reports of federal efforts to locate unaccompanied children in the United States.
In the court declaration, HHS said it is now in the "final stages of negotiations with another potential successor contractor." How HHS will address the privacy concerns raised by nonprofits or whether it will restore or restructure nonprofit involvement remains unclear.
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