Thousands of children in the United States remain in immigration custody without access to legal counsel, forcing minors to navigate complex proceedings on their own and undermining their fundamental rights. The situation has drawn concern from three UN-appointed Special Rapporteurs, who are in ongoing contact with the US Government regarding these violations.
Under the 2008 Trafficking Victims Protection Reauthorization Act (TVPRA), the US Office of Refugee Resettlement is responsible for the care and custody of unaccompanied children. The law requires the Department of Homeland Security to protect children from mistreatment, exploitation, and trafficking, while ensuring access to legal counsel and prohibiting expedited removal—deportation without a court hearing.
However, on 18 February 2025, the US Department of the Interior ordered nonprofit legal service providers to halt their work and cut funding for attorneys representing unaccompanied children. Despite ongoing legal challenges, many of the roughly 26,000 affected children lost legal representation and remain at risk of forced removal. Reports indicate that young migrants are being held in windowless cells, denied adequate medical care, and separated from parents or caregivers for extended periods. Between January and August 2025, the average custody time rose from about one month to six months, while releases to family caregivers fell from approximately 95 per cent to 45 per cent.
Independent experts have also highlighted instances of unlawful deportations that violate the principle of non-refoulement, affecting child victims of trafficking or children at risk of trafficking. Some children have reportedly been pressured to accept a $2,500 cash payment to self-deport or face indefinite detention and transfer to ICE custody upon turning 18. The experts emphasize that children must have access to administrative and judicial remedies regarding decisions affecting themselves or their caregivers, and that procedural delays should not undermine their rights. Expedited proceedings should only occur in the child’s best interest, without restricting due process guarantees.
The three Special Rapporteurs, who report to the UN Human Rights Council on trafficking, the human rights of migrants, and judicial independence, stressed their independent role in monitoring these violations. They do not receive UN salaries for this work but carry a mandate to hold governments accountable and advocate for the protection of vulnerable children in migration systems.
