Experts pointed to a law enacted in 2008 that requires US authorities to ensure proper treatment of minors arriving in the country without accompanying adults. This law protects children from abuse, exploitation, and trafficking, guaranteeing the right to legal assistance and prohibiting their deportation without judicial proceedings.
However, according to the experts, on February 18, 2025, the US Department of Homeland Security decided to halt the activities of non-profit legal organizations and ceased funding for attorneys representing the interests of minor migrants.
According to available data, children are held in windowless cells, often lacking necessary medical care, and separation from parents or guardians can last for months. From January to August 2025, the average length of detention increased from one month to six, while the number of cases transferring children to the custody of relatives decreased by more than half—from approximately 95% to 45%.
Independent experts also reported numerous cases of illegal deportations of unaccompanied minors, violating the principle of non-refoulement. This concerns children who have become victims of trafficking or are at risk.
Children are also offered a choice: either agree to a payment of $2,500 for voluntary departure from the country, or face indefinite detention and further transfer to the jurisdiction of the US Immigration and Customs Enforcement after turning 18.
Experts emphasized that minors should have access to administrative and judicial protection mechanisms concerning their situation and that of their parents or guardians.
Expedited procedures are permissible only when they are in the best interests of the child and do not violate guarantees of due process.Three special rapporteurs who signed this statement were appointed by the UN Human Rights Council. Their work covers issues related to trafficking, migrant rights, and the independence of judges and lawyers. They are not UN staff and do not receive a salary from the organization for their work.
Photo on the main page is illustrative: © Unsplash/X. Mendoza.
