Independent experts are alarmed by violations of children’s rights in US immigration proceedings
Thousands of children remain in custody without access to legal advice; a situation the experts warn forces minors to go through complex immigration procedures on their own and undermines their fundamental rights.
The three special rapporteurs, appointed by the UN Council for Human Rightssaid they are liaising with the US government on this matter.
Duty of care
They explained that under the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008, the U.S. Office of Refugee Resettlement is responsible for the care and custody of unaccompanied children.
The law requires the Department of Homeland Security (DHS) to protect children from abuse, exploitation and human trafficking.
It also ensures that unaccompanied children in federal custody have access to legal counsel and should not be subject to expedited removal – that is, deportation without a court hearing.
Legal support has ended
However, the experts noted that on February 18, 2025, the U.S. Department of the Interior ordered nonprofit legal services providers to cease work and cut funding for attorneys representing unaccompanied children.
Although the development has been challenged in court, many of the 26,000 children affected have lost legal representation and remain at risk of forcible deportation.
Reports show that young migrants are being held in windowless cells, denied adequate medical care and separated from their parents or guardians for long periods.
Between January and August 2025, the average length of custody increased from roughly one month to six, while releases to informal caregivers fell by more than half, from about 95 percent to 45 percent.
Pressured or paid to deport themselves
“There are consistent reports of unlawful deportations of unaccompanied children in violation of the obligation of non-refoulement, including child victims of trafficking and children at risk of being trafficked,” the independent experts said.
Children have reportedly been pressured to either accept a $2,500 cash payment to deport themselves or be taken into custody indefinitely and transferred to U.S. Immigration and Customs Enforcement (ICE) custody once they turn 18.
The experts emphasized that children should have access to administrative and judicial remedies against decisions that affect their own situation or that of their parents or guardians.
Measures should also be taken to avoid unnecessary procedural delays that could have a negative impact on their rights.
“Expedited proceedings should only be continued if they are in accordance with the best interests of the child and without limiting the guarantees of a fair trial,” they said.
Independent voices
The three special rapporteurs receive separate mandates from the UN Human Rights Council to report on trafficking in persons, especially women and children; the human rights of migrants and the independence of judges and lawyers.
They are not UN staff and do not receive payment for their work.
