Lawyers Mount Legal Fight to Free Children Held in US Immigration Custody

By Benson Daniel

An expanding coalition of immigration lawyers is taking the Trump administration to court in an effort to free hundreds of children who have been held in United States government custody for months, despite having relatives or other approved sponsors waiting to take care of them.

More than 50 legal organisations, firms and law offices have joined the Children’s Due Process Project, a campaign that is using federal courts to challenge what lawyers describe as prolonged and unlawful detention of unaccompanied immigrant children.

Government figures show that about 1,900 children who entered the US without a parent or legal guardian were under federal government control at the end of August. On average, they had spent about 183 days, or six months, in shelters and long term foster care facilities overseen by the Office of Refugee Resettlement.

Some children have remained in custody for considerably longer. By the end of July, at least 65 children with ongoing immigration court proceedings had spent more than a year under the agency’s care.

The lawyers involved in the new initiative are filing petitions for writs of habeas corpus on behalf of individual children. The legal procedure allows a person to challenge detention and require the government to demonstrate that there is a lawful basis for keeping them in custody.

The strategy is unusual in cases involving unaccompanied migrant children, particularly where a family member or another vetted sponsor is ready to provide a home.

Attorneys involved in the project argue that children should not remain in government facilities when there is an approved adult prepared to receive them. They say lengthy stays are exposing vulnerable children to unnecessary psychological stress while their immigration cases continue.

US law requires unaccompanied immigrant children to be placed promptly in the least restrictive setting that is in their best interests. In many cases, that means being released to a family member already living in the country.

Lawyers say recent policy changes have nevertheless made it increasingly difficult for children to be reunited with relatives.

One major concern is the sharing of information about potential sponsors with immigration enforcement authorities. Advocates say this has created fear among undocumented relatives who might otherwise come forward to take responsibility for children in federal custody.

There have also been reports of parents being detained during appointments connected with the sponsorship process, further discouraging families from seeking reunification.

The administration has defended its approach, arguing that stronger screening is necessary to protect children from trafficking and exploitation. Officials say they have expanded safety checks because of concerns that criminal smuggling organisations are involved in cases involving children who enter the US alone.

The government also disputes the suggestion that children are being unnecessarily detained, saying the standards followed by the Office of Refugee Resettlement closely resemble those used in the US foster care system and that children are released as quickly as possible once sponsors complete the required process.

For the lawyers, however, the central question is whether the government can continue holding children after suitable sponsors have been identified and approved.

They describe many of the facilities as effectively detention centres even when they are officially classified as shelters. Children generally cannot leave freely and may spend their days eating, sleeping, studying and participating in activities within the same enclosed environment.

Mental health specialists have warned that prolonged confinement can create conditions associated with trauma and lasting psychological distress, particularly for children who have already experienced upheaval before reaching the US.

The legal campaign comes as immigration enforcement has intensified under President Donald Trump. Advocates say the administration has also moved to accelerate immigration proceedings involving unaccompanied minors, increasing the risk that some children could be removed before they have a meaningful opportunity to pursue legal protections.

At the same time, the government recently reduced funding for legal representation previously available to some of the children.

That has added urgency to the lawyers’ campaign.

Rather than waiting for immigration proceedings to run their course, attorneys involved in the project are turning to federal judges and asking them to intervene where they believe continued detention lacks sufficient justification.

Early cases have produced encouraging signs for the advocates, with some judges questioning why children with family members available to care for them should remain in government custody.

The lawyers say their immediate objective is straightforward: reunite children with safe families wherever the government has no legitimate reason to keep them detained.

For the children caught in the immigration system, the outcome could determine whether months spent in institutional care finally give way to a return to family life while their legal cases continue.