Legal Advocates File Motion to Halt CBP Policy on Unaccompanied Children
Legal advocates have filed a motion in federal court seeking to stop U.S. Customs and Border Protection agents from pressuring unaccompanied immigrant children to voluntarily deport themselves. The motion, filed on Tuesday, targets a federal policy introduced last year that advocates argue violates existing legal protections for vulnerable minors.
Policy Circumvents Established Legal Procedures
Under the Trafficking Victims Protection Reauthorization Act of 2008, border agents who arrest unaccompanied immigrant children entering the country illegally are required to transfer them to federal shelters operated by the Office of Refugee Resettlement. At these shelters, children have access to attorneys, immigration judges, and can communicate with their parents before making decisions about deportation or other legal options.
The new policy, which began in September 2025 according to CBP testimony, introduces the self-deportation option before children reach these shelters. Legal advocates argue this practice denies children the legal protections and counsel they are entitled to under federal law.
Coercive Tactics and Threats Alleged
According to the motion filed by attorneys, CBP agents are using coercive tactics to pressure children into signing self-deportation documents. Children have reported being threatened, yelled at, and coerced into signing documents they didn't fully understand, often due to language barriers.
One particularly disturbing case involves a girl who was injured in a car crash and denied medical treatment until she signed deportation papers. "I thought I had to sign, but I didn't know why or what for," she stated in a written declaration filed with the court.
Mishan Wroe, an attorney with the National Center for Youth Law, condemned the policy as "plainly coercive," noting that children are being threatened with prolonged detention while scared and without access to counsel or family before making decisions with grave implications for their futures.
Existing Injunction and Expansion Sought
The attorneys, who represent Guatemalan children following the government's unsuccessful attempt to deport dozens of them in a haphazard overnight flight in August, argue the policy violates a current injunction. This injunction prohibits the government from deporting any Guatemalan unaccompanied minors unless they have gone through immigration court proceedings.
The legal team is now asking the judge to expand this injunction to cover children from other countries, excluding Mexico and Canada. They have identified 13 cases in South Texas where children were subjected to the new policy but believe many more have been affected.
Kate Talmor, senior counsel at the Institute for Constitutional Advocacy and Protection, explained that attorneys were only able to intervene on behalf of the 13 children because, despite signing deportation documents, a flight wasn't available in time and they were sent to shelters instead.
CBP's Position and Next Steps
In a declaration filed with the court, CBP official Michael Julien stated that agents only present the self-deport option orally to some unaccompanied children crossing illegally, not in writing. CBP did not immediately respond to requests for comment on the legal challenge.
The federal government now has two weeks to file their opposition to the motion. Following this, the judge will determine whether to intervene and stop the policy from being enforced on Guatemalan children and whether to expand protections to children from other countries.
Legal advocates emphasize that the policy threatens children with severe consequences if they decline voluntary return, including prolonged detention, arrest and prosecution of their adult sponsors in the U.S., and future visa ineligibility. They argue these threats create an environment of coercion that undermines the legal rights of vulnerable immigrant children.
