Pressure on Unaccompanied Children at the U.S. Border
Dec, 19 2025
The advisal states that if a child seeks a hearing with an immigration judge or indicates fear of returning home, they can expect to be detained for an extended period. It also warns that their sponsors in the U.S. may face arrest, prosecution, or deportation if they lack legal status. Additionally, if the child turns 18 while in custody, they will be transferred to Immigration and Customs Enforcement (ICE) for deportation.
Senator Ron Wyden, a Democrat from Oregon, has criticized this policy as "cruel" and exploitative of the vulnerabilities of unaccompanied children, suggesting it is designed to push the Trump administration's mass deportation agenda. He has described the advisal as "shockingly coercive" and intended to frighten children into abandoning their legal rights.
The advisal is part of a broader legal challenge against the Department of Homeland Security (DHS) regarding the detention of children who turn 18. The National Immigrant Justice Center (NIJC), an organization focused on immigrant rights, has been involved in this lawsuit. The CBP has stated that the advisal is meant to inform children of their rights and options under the Immigration and Nationality Act, emphasizing the risks of exploitation faced by many unaccompanied minors.
Critics, including legal experts, argue that the advisal misrepresents the legal options available to children, suggesting that returning home would not carry administrative consequences and that they could apply for a visa in the future. This assertion has been labeled a "false carrot" by NIJC's legal director, who noted that the likelihood of a legal path for returning children is minimal.
The Trump administration has intensified its immigration enforcement efforts, particularly targeting unaccompanied children. Reports indicate that officials have sought to deport these children or pursue criminal cases against them and their sponsors, while also offering financial incentives for voluntary departures. The number of unaccompanied children arriving at the U.S.-Mexico border has decreased significantly this year, attributed to the administration's restrictive asylum policies.
The advisal document was discovered by an attorney representing a child in an Office of Refugee Resettlement (ORR) shelter, raising concerns about the lack of legal assistance available to children during their initial detention. The document is reportedly provided in both English and Spanish, but many children may not fully understand its implications.
Senator Wyden has expressed concern that the advisal not only misrepresents the government's obligations to unaccompanied children but also threatens enforcement actions against family members to deter children from seeking reunification. The full impact of this policy on affected children remains unclear.