A local nonprofit has filed a lawsuit against HHS over a recent policy change that reportedly allows federal law enforcement to interview unaccompanied migrant children.

San Diego

A lawsuit filed by the nonprofit Al Otro Lado is challenging a recent policy change that allows federal law enforcement agents, such as ICE, to interview unaccompanied migrant children in shelters. The organization claims these interviews are conducted without attorneys present and without Miranda warnings, and that the policy was not publicly announced as required by law.

The Department of Health and Human Services states that sponsor vetting for children includes verifying documents and informing sponsors that law enforcement may be present. HHS also says children have access to legal counsel at any time. The lawsuit seeks more information and documentation about the policy and its implementation.

Lawsuit challenges federal agents' power to interview migrant children

A lawsuit filed Wednesday by local nonprofit al otro lado is demanding new information about a recent health and human services policy change involving unaccompanied minors. We're asking for you know what the policy is, any rules around it, any forums, that kind of documentation. Cassandra Lopez is the litigation director for the non-profit. Just a few weeks ago, ABC News learned federal law enforcement, like ICE agents, were interviewing unaccompanied minors at shelters, something Lopez claims HHS has never done before. In the lawsuit, al otro lado claims these interviews are taking place without an attorney in the room and without Miranda warnings. And we're concerned about this policy change because it appears to us that it's not in the best interest of the children to have ICE agents present when they're questioning kids. In addition to concerns about the children being interviewed, al otro lado argues the policy change was never announced and still hasn't been made public, as is required by law. But there hasn't been any formal publication of a policy, there hasn't been any new policy announced, there's nothing up on the health and human services website that informs the public and advocates about the policy change. An HHS spokesperson tells us the sponsor vetting process for these children requires verifying the sponsor's documents to ensure the child is released to a stable and safe environment, adding the sponsors are informed that DHS, ICE or other law enforcement may be present at the time and can conduct their own law enforcement related interviews, saying children are given access to counsel and can reach them at any time. I think that this is part of their effort to deport as many people as possible, rather than ensure that children's legal protections that they're legally entitled to, that those are being honored and respected.

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