Experts reminded that according to the law passed in 2008, U.S. authorities are required to provide proper conditions for the detention of minors arriving in the country unaccompanied by adults. The law also mandates the protection of children from abuse and exploitation, guaranteeing them the right to legal assistance and prohibiting their deportation without judicial proceedings.
However, it was noted that on February 18, 2025, the U.S. Department of Homeland Security decided to suspend the operations of non-profit legal organizations and ceased funding for lawyers representing the interests of minor migrants.
Reports indicate that children are held in windowless cells, do not always receive necessary medical care, and separation from parents or guardians can last for months. From January to August 2025, the average duration of detention increased from one month to six, while the number of cases of children being placed in the custody of relatives decreased by more than half—from about 95% to 45%.
“There are numerous reports of unlawful deportations of unaccompanied minors, which violate the principle of non-refoulement, including cases involving children who have fallen victim to trafficking or are at risk,” experts emphasized.
It is also reported that children are offered a choice: to agree to a payment of $2,500 for voluntary departure from the country or face indefinite detention and subsequent transfer to the jurisdiction of the U.S. Immigration and Customs Enforcement after turning 18.
Experts insist that minors should have access to administrative and judicial protection mechanisms regarding decisions affecting their situation or that of their parents and guardians.
Expedited procedures are permissible only when they are in the best interests of the child and do not undermine guarantees of due process.Three special rapporteurs who signed this statement are appointed by the UN Human Rights Council. Their work covers issues of human trafficking, migrant rights, as well as the independence of judges and lawyers. It is worth noting that they are not UN employees and do not receive a salary from the organization for their work.
Photo on the main page is illustrative: © Unsplash/X. Mendoza.
