Rapid Deportations of Unaccompanied Children Under Trump-Era Judicial Pressure

The hearing followed a year in which a federal deportation surge led ICE agents at 26 Federal Plaza to confront protesters and make numerous arrests. During that period, approximately two hundred immigration judges—about a quarter of the national total—were laid off or forced out, intensifying pressure on the remaining judges to expedite cases.

New Yorker

In April, immigration judge Jem Sponzo conducted a virtual hearing on the twelfth floor of 26 Federal Plaza in New York City and ordered a dozen teenagers to be removed – the legal term for deportation – in less than an hour. The hearing was entirely remote; Sponzo appeared on a television monitor while the youths, classified as unaccompanied alien children (UACs), were visible only when they inadvertently unmuted themselves. To speed the process, Sponzo instructed the children’s lawyers to waive interpretation, a request the attorneys accepted. The twelve youths were older boys from Guatemala, Honduras, Colombia, Ecuador, and Bangladesh. Many of the youths had pending applications for asylum or Special Immigrant Juvenile (SIJ) status, the two primary avenues for unaccompanied children to avoid removal.

New Yorker

The hearing occurred amid a broader reshaping of the immigration court system. In the hallway outside Sponzo’s courtroom, an ICE officer in tactical gear made a remark about the judge being fired. The building was notably quieter at the time of the hearing.

New Yorker

SIJ status, created by Congress in 1990, provides a humanitarian pathway for undocumented children who enter the child-welfare system. The process requires three steps: (1) a state or family-court finding of parental abuse, neglect, or abandonment; (2) a petition to U.S. Citizenship and Immigration Services (USCIS) for a visa; and (3) a subsequent USCIS application for a visa and green card. Although originally seldom used, the program expanded as more children traveled alone to the United States.

New Yorker

Data show a sharp increase in SIJ approvals. Between fiscal years 2005 and 2013, the number of approved SIJ petitions rose from 73 to more than 3,000.

New Yorker

Critics argue that SIJ status functions as a loophole that may encourage unaccompanied migration. The rapid waiver of interpretation and the judge’s limited engagement with the children, including not addressing them by name, have been noted as procedural concerns.

New Yorker

• “That’s the chick that got fired!” — ICE officer, hallway outside courtroom

New Yorker

• “So waived,” — Defense attorneys responding to the interpretation-waiver request

New Yorker

• “removed” — Judge Jem Sponzo’s order for the twelve teenagers

New Yorker