Legal advocates filed a motion in McAllen, Texas, on Tuesday, aiming to halt U.S. Customs and Border Protection (CBP) agents from persuading immigrant children entering the country without their parents to voluntarily deport themselves under a newly enacted federal policy. This policy was introduced in September 2025, marking a significant change in the treatment of unaccompanied minors upon their arrest by border agents.
According to the Trafficking Victims Protection Reauthorization Act of 2008, border agents are required to send unaccompanied immigrant children who enter the country illegally to federal shelters managed by the Office of Refugee Resettlement. These shelters provide children access to legal counsel, immigration judges, and the opportunity to communicate with their parents before they make decisions regarding self-deportation or alternative options. However, the new practice allows for self-deportation discussions to occur before these children arrive at the shelters.
The legal advocates’ motion highlights that if children choose not to voluntarily return to their home countries, they may face prolonged detention, as well as threats of legal repercussions for adult sponsors residing in the U.S. Moreover, the policy includes provisions to bar these children from applying for visas in the future. This legal action specifically represents Guatemalan children who experienced the government's failed attempt to deport numerous minors in an overnight flight in August, which was conducted hastily and controversially.
The motion also seeks to expand the existing judicial injunction, which currently prohibits the deportation of Guatemalan unaccompanied minors without undergoing proper immigration court procedures, to incorporate children from additional countries, excluding Mexico and Canada. This request underscores the urgency and concern surrounding the treatment of children within the U.S. immigration system.
Children who have come forward indicate that agents have intimidated, shouted, and coerced them into signing documents that they did not fully comprehend, often due to language barriers. One girl recounted an instance where she was pressured into signing documents despite having sustained a leg injury from a car accident, without receiving any medical assistance. She stated, "I thought I had to sign, but I didn't know why or what for," illustrating the duress experienced by these vulnerable individuals.
Mishan Wroe, an attorney with the National Center for Youth Law, emphasized the lack of legal protections afforded to these minors under federal law, describing the coercive nature of the policy. Wroe asserted, "It’s plainly coercive to threaten children with prolonged detention while they are scared and not given the opportunity to speak to counsel or their family before they make a decision that has grave implications for their future."
Michael Julien, a CBP official, provided a declaration stating that agents present the self-deportation option verbally to some unaccompanied children, indicating that it is not documented in writing. Attorneys have currently identified 13 cases of children in South Texas who have been subject to this policy, but they suspect that the actual number of affected minors is much larger. Kate Talmor, a senior counsel at the Institute for Constitutional Advocacy and Protection, mentioned that the 13 children represented in their motion likely only reflect a subset of those impacted by the policy.
In conclusion, the federal government is expected to file a response within two weeks. The judge is then tasked with determining whether to intervene and suspend the enforcement of this policy concerning Guatemalan children and consider extending protections to minors from other nations.
