Legal Advocates Challenge CBP Policy on Unaccompanied Immigrant Children

Legal advocates have initiated a motion to halt a U.S. Customs and Border Protection (CBP) policy that pressures unaccompanied immigrant children to self-deport. This policy, introduced in September 2025, allows border agents to present the option of voluntary deportation to children before they are placed in federal shelters, which is a departure from the protections established under the Trafficking Victims Protection Reauthorization Act of 2008. Under this act, unaccompanied minors are supposed to be sent to shelters operated by the Office of Refugee Resettlement, where they can access legal counsel and communicate with their families.

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The motion, filed by attorneys representing Guatemalan children, argues that the new policy violates an existing injunction that prohibits the deportation of unaccompanied minors without due process. This injunction mandates that children must undergo immigration court proceedings before any deportation can occur. The advocates are also seeking to expand this injunction to include children from other countries, excluding Mexico and Canada.

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Attorneys have reported instances where children felt coerced into signing self-deportation documents without fully understanding the implications, often due to language barriers. One child recounted being pressured by an agent while in a vulnerable state after suffering an injury. Mishan Wroe, an attorney with the National Center for Youth Law, criticized the policy as coercive, stating that it deprives children of their legal rights and the opportunity to consult with family or legal representatives before making significant decisions about their futures.

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In response to the allegations, Michael Julien, a CBP official, clarified that the self-deportation option is presented orally and only to some unaccompanied minors. He indicated that the agency is not systematically applying this policy to all children. However, attorneys have identified at least 13 cases in South Texas where children were subjected to this policy, suggesting that the actual number may be higher. Kate Talmor, senior counsel at the Institute for Constitutional Advocacy and Protection, expressed concern that many more children could be affected, as the 13 cases were only those that were able to be identified and intervened upon.

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The federal government has been given two weeks to respond to the motion, after which a judge will decide whether to intervene and potentially halt the enforcement of this policy on Guatemalan children and consider extending protections to minors from other nations.

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• “It’s plainly coercive to threaten children with prolonged detention while they are scared and not given the opportunity to speak to counsel or their family before they make a decision that has grave implications for their future,” — Mishan Wroe, Attorney, National Center for Youth Law

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• “We believe that this is happening to many, many more children and that the 13 that are mentioned in our motion are just those that kind of slipped through the cracks,” — Kate Talmor, Senior Counsel, Institute for Constitutional Advocacy and Protection

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The ongoing legal challenge against the CBP's self-deportation policy highlights significant concerns regarding the treatment of unaccompanied immigrant children and their rights under U.S. law. As the case unfolds, its implications could reshape the landscape of immigration policy and protections for vulnerable minors.

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