The Trump administration directed U.S. Immigration and Customs Enforcement (ICE) to locate and deport unaccompanied immigrant children who fail to appear in immigration court. The policy marks a radical shift in enforcement priorities, since these children—many of whom are fleeing violence, poverty, and exploitation in their native countries—have long been afforded some legal protections as their asylum claims were pursued. The government argues the provision is needed to prevent human trafficking and children should not be able to skip deportation hearings.
Critics of the policy argue it will endanger vulnerable children by discouraging them from seeking asylum or representation. Advocacy groups warn that many of these children don't show up in court because they don't have legal representation, have been misled, or encounter logistical obstacles, rather than a conscious effort to avoid deportation. Without sufficient safeguards, they contend, the policy would cause children to be sent back into life-or-death situations. Legal experts also contend that singling out children is ethically and legally questionable, particularly if due process protections are not upheld.
The move follows a controversial decision to suspend and reinstate funding for legal assistance assisting unaccompanied children. Over 31,000 children have already been removed since 2019 for not showing up in court, highlighting the challenges they face in trying to navigate the complex immigration system. As ICE begins enforcing the new policy, lawsuits and public resistance are expected to shape its enforcement and potential legal challenges.
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