The National Qualified Representative Program is a federally funded program run by the Executive Office for Immigration Review that provides attorneys and other qualified representatives to immigration detainees who have been found mentally incompetent to represent themselves in removal proceedings. It is currently operating nationwide under a federal court’s preliminary injunction after the Department of Justice terminated the program’s nationwide component in April 2025. Funding has been restored, but the program’s long-term shape is unsettled.
Who Qualifies for a Representative
To receive a Qualified Representative, a detained person must first be found mentally incompetent by an immigration judge or the Board of Immigration Appeals. The competency standard comes from the BIA’s 2011 decision in Matter of M-A-M-, which uses a three-part test: whether the individual has a rational and factual understanding of the proceedings, can consult with an attorney, and has a reasonable opportunity to examine evidence and cross-examine witnesses.1U.S. Department of Justice. Matter of M-A-M-, 25 I&N Dec. 474
Aliens are presumed competent. The judge is prompted to inquire further when indicators surface, such as an inability to respond coherently, signs of hallucinations, memory impairment, or disorientation.2American Immigration Council. Mental Competency Issues Only after a finding of incompetence does the government fund the appointment of a representative.
Qualified Representatives are not limited to licensed attorneys. The pool includes attorneys, paralegals, social workers, and representatives accredited by the Board of Immigration Appeals.3Acacia Center for Justice. NQRP Practice Advisory on Procedural Safeguards
How Long Representation Lasts
The program runs on two tracks, and the duration of representation depends on which one covers the case.
In Arizona, California, and Washington, representation is required by the permanent injunction in Franco-Gonzalez v. Holder. A class member keeps their representative until the ultimate resolution of their immigration case, even after release from custody.3Acacia Center for Justice. NQRP Practice Advisory on Procedural Safeguards
Everywhere else, the “Nationwide Policy” created by EOIR applies, and funded representation is shorter. It ends 30 days after a final administrative removal order or 90 days after release from ICE detention, whichever is relevant.3Acacia Center for Justice. NQRP Practice Advisory on Procedural Safeguards
The program does not reach noncitizens who are not detained, and it does not reach detainees who have not been found incompetent under the M-A-M- standard. Mental illness alone is not the trigger; the judge’s competency finding is.
Where the Program Came From
The NQRP exists because of a class action brought on behalf of immigration detainees with mental disabilities in Arizona, California, and Washington. On April 23, 2013, Judge Dolly M. Gee issued a permanent injunction ordering ICE, the Attorney General, and EOIR to provide legal representation to detained immigrants with mental disabilities who could not adequately represent themselves.4ACLU. Franco-Gonzalez v. Holder It was the first time a federal court recognized a right to appointed counsel for a class of noncitizens in immigration proceedings.5ACLU of Southern California. Franco v. Holder The decision rested on the Rehabilitation Act, treating appointed counsel as a required “reasonable accommodation” for people whose mental conditions prevented meaningful participation in their own cases.6Acacia Center for Justice. National Qualified Representative Program
The Obama administration then announced it would voluntarily implement the ruling nationwide, which is how the second, non-Franco track came into being.7Civil Right to Counsel. Detainees With Mental Disabilities Have Right to Assistance That split explains why the program survived even after the 2025 termination: the Franco injunction remained in force in three states while the nationwide portion was cut.
How It’s Funded and Administered
EOIR does not contract with individual legal aid organizations. It uses a single prime contractor that distributes funding to a network of local providers. The Vera Institute of Justice held that role beginning in 2014.8American Immigration Council. Guarantee Legal Representation for People Facing Removal The Acacia Center for Justice, which spun off from Vera around 2022, became the prime contractor on June 1, 2022.9National Immigrant Justice Center. NQRP Filed Complaint
The program has been funded at roughly $12 million per year.8American Immigration Council. Guarantee Legal Representation for People Facing Removal Through Acacia, it coordinates about 40 legal service providers across more than 20 states, from larger nonprofits such as the National Immigrant Justice Center, RAICES, and the Florence Immigrant and Refugee Rights Project down to smaller firms and solo practitioners.6Acacia Center for Justice. National Qualified Representative Program Since 2013, the program has handled just over two thousand cases.10University of Oxford Border Criminologies. Protect Due Process for Immigrants With Debilitating Mental Health Conditions
The 2025 Termination and Court Order
On April 25, 2025, the Department of Justice terminated the Nationwide Policy portion of the NQRP, limiting the program to the three states still covered by the Franco injunction.11Rocky Mountain Immigrant Advocacy Network. Nonprofits Sue to Stop Trump Termination of NQRP The administration gave no explanation. About 200 people were receiving representation through the program at the time. EOIR also notified Acacia it would not renew the Franco contract when it expired in July 2025.9National Immigrant Justice Center. NQRP Filed Complaint
Nine legal organizations that had served as NQRP providers sued the Department of Justice, the Department of Homeland Security, and EOIR on May 5, 2025, in the U.S. District Court for the District of Columbia. The complaint alleged violations of the Administrative Procedure Act, the Immigration and Nationality Act, the Rehabilitation Act, the Fifth Amendment, and the Accardi v. Shaughnessy doctrine, which requires federal agencies to follow their own regulations.12Bloomberg Law. a href=”https://news.bloomberglaw.com/litigation/doj-must-keep-giving-immigrant-legal-aid-to-mentally-incompetent” target=”_blank” rel=”noopener”>DOJ Must Keep Giving Immigrant Legal Aid to Mentally Incompetent
On July 21, 2025, Judge Amir H. Ali granted a preliminary injunction ordering the administration to resume funding the NQRP nationwide. The court ruled plaintiffs were likely to succeed on the APA claim, calling the decision to end the program “arbitrary and capricious” and noting the agency record showed “no consideration of the interests of people found mentally incompetent to represent themselves.”13Bloomberg Law. DOJ Must Keep Giving Immigrant Legal Aid to Mentally Incompetent Judge Ali also cited the “threat to the public interest when immigration courts are denied any mechanism to appoint representation” for incompetent individuals.14National Immigrant Justice Center. Federal Judge Orders Trump Administration to Resume Legal Service Program
Funding resumed. As of late July 2025, however, Acacia reported that the Nationwide Policy contract remained terminated and it was not receiving new case assignments from DOJ, though it said it was “prepared to re-activate the program” if asked.15Acacia Center for Justice. Acacia Statement on Preliminary Injunction
What’s Still Uncertain
The program’s day-to-day operation is restored, but the structure under it is not settled. Congress has never codified the NQRP into law, so its continued existence depends on court orders and executive branch willingness to fund it.10University of Oxford Border Criminologies. Protect Due Process for Immigrants With Debilitating Mental Health Conditions
EOIR appears to be reworking how the services are delivered. In May 2026, the agency published a sources-sought notice on SAM.gov asking about commercial capabilities for NQRP-type legal services.16SAM.gov. Sources Sought Notice 15JE1R-26-PR-0169 In June 2026, DOJ followed with a formal solicitation seeking a contractor to provide legal representation, interpretation services, and expert support for detained individuals found incompetent, with proposals due in July 2026.17SAM.gov. Solicitation 15JPSS26Q00000059 Whether the centralized Acacia model continues or the work gets distributed differently is not yet known.
The Franco injunction itself remains in full effect. In July 2025, the court in the original Franco case approved a stipulation to further implement the permanent injunction, so class members in Arizona, California, and Washington retain their right to appointed counsel regardless of what happens to the Nationwide Policy.18Civil Rights Litigation Clearinghouse. Franco-Gonzalez v. Holder