Capitol building in Washington. UN experts: US immigration policy violates children’s rights Human rights
UN-appointed independent human rights experts have said the United States is “seriously” violating children’s rights in its immigration policies. They say thousands of minors are being held without access to lawyers.
State responsibility to protect children
Experts recalled that, in accordance with the law adopted in 2008, US authorities are responsible for the proper detention of unaccompanied minors who arrived in the country. The law mandates the protection of children from abuse, exploitation, and trafficking. It guarantees their right to legal assistance and prohibits their expedited removal – deportation without trial.
Legal assistance terminated
However, as experts noted, on February 18, 2025, the US Department of the Interior ordered the suspension of the work of non-profit legal organizations and stopped funding lawyers representing the interests of minor migrants. This decision is still being challenged in the courts, but many of the 26,000 such children have already lost legal support and face forced removal.
Children are reportedly held in windowless cells, are not always provided with adequate medical care, and are separated from parents or guardians for months. Between January and August 2025, the average length of detention increased from about one month to six, and the number of children placed in kinship care fell by more than half, from about 95 percent to 45 percent.
Pressure and payments for self-deportation
“There are numerous reports of unlawful deportations of unaccompanied minors in violation of the principle of non-refoulement, including cases of children who have been trafficked or at risk,” the independent experts said.
Children are also reportedly being offered a choice: agree to pay $2,500 to voluntarily leave the country, or face indefinite detention and subsequent transfer to the jurisdiction of US Immigration and Customs Enforcement upon turning 18.
Experts emphasized that children should have access to administrative and judicial protection mechanisms in relation to decisions affecting themselves or their parents and guardians. They also called for avoiding unnecessary procedural delays that could harm the rights of the child.
“Expedited procedures are permissible only in cases where they meet the interests of the child and do not undermine the guarantee of due process,” the experts noted.
Special Rapporteurs
The three special rapporteurs who signed the statement were appointed by the UN Human Rights Council. Their work covers issues of human trafficking, migrants’ rights, and the independence of judges and lawyers. They are not UN employees and do not receive a salary from the organization for their work.