Being an Unaccompanied Immigrant Minor Is Getting Even Harder

New challenges await unaccompanied migrant children as immigration policy shifts. At the end of March, the U.S. Department of Health and Human Services announced that it was ending a contract that provides legal help to over 26,000 unaccompanied migrant minors. The measure has led to an ongoing court battle, keeping the services in limbo.

A judge mightn’t be able to save services for unaccompanied migrant minors

A federal judge issued a temporary restraining order against ending the contract in early April. But as the litigation continues and new legal challenges emerge, the future of the program providing legal services is still unclear. Organizations offering legal aid are scrambling to stay afloat while they look for ways to protect these migrant children and their cases. Many children are already facing the threat of entering a court without representation.  

The White House’s move to attempt to end legal assistance for minor unaccompanied migrants is not the first measure affecting children. In February, it was reported that through an internal memo, U.S. Immigration and Customs Enforcement (ICE) was directing agency personnel to conduct a nationwide search of unaccompanied minors for deportation purposes. Such directives from this administration show just how necessary it is for minors to have access to legal assistance.  

The legal structures built around unaccompanied migrant children are already deeply flawed. Research highlights the vital role of legal representation in navigating the U.S. immigration system, ensuring fairness, and increasing the likelihood of success in these cases. Even when federal law does not ensure paid legal representation for all immigrants, federal funding was allocated to support legal representation for unaccompanied migrant children.

Children and adults treated alike

To be clear, children are not treated any differently than adults in immigration court. This means that young children, even those who cannot yet speak, are placed in front of a judge and asked the same questions as adults in their position. Experts agree that this system overlooks the specific vulnerabilities and needs of children in these situations.

In 2023, only 56% of unaccompanied children in immigration court had legal representation, according to records from the Department of Justice. Now, with this new government’s action and the litigation process, that number will go down even more.  

Christian groups like Women of Welcome have witnessed the challenges of vulnerable migrant children in court and are calling out to leaders for this vulnerable population’s need for support and compassion.  

As a mother, it is difficult not to look at these children and see my own son. It is difficult not to see every child you know and love in the eyes of an unaccompanied migrant child, confused and alone. At an age when they should only have to worry about spelling quizzes and enjoying their time on the playground, they’re forced to consider how to escape their homeland, make their way in a new place, and then convince a judge that coming to the U.S. is their only chance for safety. In our complicated and flawed immigration system, there are many points up for debate. Protecting children should not be one of them. 

What next?

In the past, there were some bipartisan attempts in Congress to address this situation. More recently, with the administration’s policy shift, Sens. Lisa Murkowski (R-Alaska) and Jon Ossoff (D-Georgia) signed a letter rebuking the White House’s actions. However, it is clear that more must be done. Otherwise, children will continue to fall through the ever-widening gaps of our complex immigration system.  

Children deserve to be treated with dignity, regardless of their immigration status; that’s part of our American core values. We urge Congress to prioritize children’s best interests by creating long-term policy solutions to keep us from losing sight of this under the pressure of enforcement efforts and court battles. 

This article was originally published by RealClearPolitics and made available via RealClearWire.