US border officials are pressuring unaccompanied children arriving as undocumented immigrants to quickly agree to return to their countries of origin, even if they express fear for their safety, or face prolonged detention and other consequences, according to a federal government document.
The document, termed an 'advisal', is presented to children within days of entering the US while in Customs and Border Protection (CBP) custody. It warns that seeking a hearing or indicating fear of return will lead to prolonged detention, and that sponsors may be arrested or deported. It also states that children turning 18 in custody will be handed to Immigration and Customs Enforcement for deportation.
Senator Ron Wyden, a Democrat from Oregon, has demanded the policy be abolished, calling it 'cruel' and 'cynically exploitative' of vulnerable children to advance the Trump administration's mass deportation agenda. In a letter to CBP, he accused the agency of trying to frighten children into abandoning their legal rights.
The advisal was filed in court as part of a lawsuit against the Department of Homeland Security by the National Immigrant Justice Center (NIJC). Lisa Koop, NIJC's national director of legal services, described the offer of voluntary return without consequences as a 'false carrot', as it suggests children can later return legally, which is often not feasible.
A CBP spokesperson defended the advisal, stating it explains options under the Immigration and Nationality Act and ensures children understand their rights, adding that for many who were trafficked or coerced, returning home is the safest path.
