Experts noted that according to legislation enacted in 2008, American authorities are required to provide appropriate conditions for minors who arrive in the country without adults. This law protects children from abuse and exploitation, guaranteeing them the right to legal protection and prohibiting deportation without judicial proceedings.
However, experts pointed to a decision by the U.S. Department of Homeland Security on February 18, 2025, which suspended funding for non-profit legal organizations and attorneys representing the interests of migrant children.
According to available data, children are held in windowless cells, do not always receive adequate 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 of children being placed in the custody of relatives dropped from 95% to 45%.
“There are numerous reports of the illegal deportation of unaccompanied children, violating the principle of non-refoulement, including cases involving children who have become victims of human trafficking,” emphasized the independent experts.
It is also reported that children are offered a choice: either agree to a payment of $2,500 for voluntary departure from the country, or face indefinite detention and subsequent transfer to the jurisdiction of U.S. Immigration and Customs Enforcement upon turning 18.
Experts insist that children must have access to administrative and judicial protection mechanisms regarding issues related to their status or the status of their parents and guardians.
Expedited procedures are permissible only when they are in the best interests of the child and do not undermine the guarantees of due process.Three special rapporteurs who signed this statement were appointed by the UN Human Rights Council. They address issues related to human trafficking, the rights of migrants, as well as the independence of judges and lawyers. These experts are not UN staff and do not receive a salary from the organization for their work.
Photo on the main page is illustrative: © Unsplash/H. Mendoza.
