UN experts warn of child rights Violations in US immigration procedures

UN-appointed independent human rights experts have expressed serious concerns regarding the situation of migrant children in the United States, almost a year after the federal funding for legal representation for unaccompanied minors was stopped. The experts have warned that thousands of children are now being processed through one of the world’s most complex immigration systems without lawyers, interpreters, or proper protections, leaving them vulnerable to illegal detention, forced deportation, and psychological trauma.

The three Special Rapporteurs, appointed by the UN Human Rights Council, have confirmed they are in active contact with the US government as reports continue to emerge of systemic violations against unaccompanied migrant children in various states.

What Legal Protections Are Supposed to Safeguard Unaccompanied Children?

The 2008 Trafficking Victims Protection Reauthorization Act (TVPRA) makes the US Office of Refugee Resettlement responsible for the care and custody of unaccompanied children. The act requires the Department of Homeland Security to protect children from abuse, trafficking, and exploitation and provides access to legal representation.

The TVPRA also protects children from expedited removal and guarantees children the right to full hearings in immigration courts rather than deportation. This was to ensure that children, who are more vulnerable because they are fleeing violence, persecution, or trafficking, are protected.

How Did the Termination of Legal Aid Reshape the System?

On 18 February 2025, the US Department of the Interior directed nonprofit legal service organizations to stop providing legal representation to unaccompanied children as a result of federally funded legal services. Although the ruling has been contested in court, the initial impact of the ruling was dire. Approximately 26,000 children were left without lawyers, most of whom had been working on asylum or trafficking cases.

Children have been left to face immigration judges alone, without comprehension of the charges against them or the implications of their responses. According to legal advocates, children without lawyers are several times more likely to be deported than those with lawyers.

What Do the Data Reveal About Detention and Release Trends?

Quantitative data shows the extent of the problem. Between January and August 2025, the average time that unaccompanied children were held in federal custody rose from about a month to almost six months. During the same period, releases to family sponsors fell from 95 percent to 45 percent.

The extended detention of these children has put a strain on ORR shelters, which are now overcrowded and lack adequate medical facilities, mental health support, and education for the children. The detention of children in windowless or secure facilities for long periods has raised concerns about the long-term psychological impact.

How Are ICE Operations Affecting Children and Families on the Ground?

The crisis has been exacerbated by aggressive enforcement measures by the US Immigration and Customs Enforcement agency. ICE raids and immigration sweeps in states such as Texas, Florida, California, Arizona, and Minnesota have resulted in the arrest of parents and caregivers, often without warning.

In several reported incidents, children were left alone as a result of workplace raids or traffic stops, resulting in emergency placements in government custody. According to advocacy groups, some children were placed in custody within hours of their parent’s arrest by ICE.

What Happens When Children Turn 18 in ICE Custody?

UN experts showed special concern regarding the situation of minors close to adulthood. It is reported that children are often moved directly from ORR shelters to ICE detention facilities upon turning 18 years old, even on the same day.

This is done without access to legal representation, putting them in the adult detention system and expedited deportation proceedings. Being in ICE custody increases the chances of deportation, even for those who entered the US as minors and have pending cases.

Are Children Being Pressured to Self-Deport?

One of the most disturbing discoveries is related to the claim that children are being forced into “self-deportation.” According to reports, children are given a one-time payment of $2,500 to voluntarily depart the US or be held in detention for an extended period of time and then turned over to ICE.

UN experts have pointed out that these practices could be in violation of the principle of non-refoulement, which is the return of an individual, particularly a child, to a country where they will face persecution, violence, or trafficking. The experts have also noted that children cannot give consent without legal advice.

Why Does This Represent a Broader Shift in US Immigration Policy?

For many years, the US immigration system has been guided by a strong focus on the special treatment of children, who are considered to be vulnerable and have limited ability to access legal processes. However, the current trend is seen to represent a move towards deterrence-based enforcement, despite the fact that it goes against domestic and international law.

The experts warned that if expedited removal, prolonged detention, and the stripping of legal protections are continued, it may lead to irreparable harm.

“Efficiency cannot come at the expense of due process or the best interests of the child,”

they said.

What Comes Next for Accountability and Reform?

The three Special Rapporteurs, mandated to report on trafficking in persons, the human rights of migrants, and the independence of judges and lawyers, have urged the immediate reinstatement of legal representation for unaccompanied children, the halt of coercive self-deportation schemes, and increased scrutiny of ICE enforcement activities against families.

While legal battles rage on in US courts, international pressure is mounting. The current state of affairs, it is predicted, will prove whether the United States is committed to its own domestic legislation and the international norms it has long advocated for regarding the protection of children’s rights.