Protection of Migrant Minors in the US

Faced with increasingly restrictive policies, the protection of migrant minors in the US is threatened by measures that ignore their vulnerability.

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At Lluis Law, our immigration lawyers in Los Angeles understand the seriousness of these situations and work vigorously to defend the rights of migrant children and adolescents. 

With over 50 years of combined experience, we provide effective legal representation for families facing separation, detention, or removal proceedings.

Current Overview of the Protection of Migrant Minors in the US.

Despite laws designed to protect migrant children, they still face significant obstacles. These include:

• Prolonged detention in inadequate facilities: Many unaccompanied minors remain for weeks or months in facilities that do not meet basic child welfare standards.
• Lack of access to legal representation: Thousands of children face immigration proceedings without a lawyer, which hinders their right to due process.
• Risk of expedited deportation: In some cases, minors are returned to their home countries without any consideration of whether they are fleeing violence, abuse, or trafficking.

This situation affects many immigrants, especially those in the LGBTQ+ community. For more information, please review our blog: Impact of Immigration Policies on LGBTQ+ Immigrants.

What is the current situation regarding the protection of migrant minors in the US?

During 2024, more than 140,000 unaccompanied minors were apprehended at the US southern border. 

Many of these were escaping situations of violence, extreme poverty or forced recruitment. 

What rights do migrant children have in the United States?

Migrant children in the United States have the right to dignified treatment while in government custody. This includes access to:

Shelter, food, medical care and education

The government is obliged to provide basic living conditions that guarantee: 

• Health; 
• The development; and 
• The safety of minors.

Least restrictive environment possible

Minors should be detained for the shortest time necessary and in appropriate conditions.

Furthermore, prison-like environments or those that limit their emotional and physical well-being should be avoided.

Note: If you’re looking to learn how to protect your labor rights as an immigrant, you’ll find details on this topic on our blog.

Family reunification without undue delay

Minors have the right to be released and returned to known relatives as soon as possible, provided their safety is guaranteed.

Protection against inhuman treatment

Although these rights are clearly established, thousands of children still face:

• Poor conditions;
• Lack of access to basic hygiene; 
• Restrictions on communication with their families; and 
• Lack of adequate psychological care.

Continuous judicial supervision

The Flores case remains ongoing, seeking to ensure that detention conditions meet minimum standards. 

However, many rights continue to be violated. Therefore, organizations like Children’s Rights continue to litigate, monitor, and promote structural improvements to protect migrant children.

What does the US do with unaccompanied minors?

Typically, when an unaccompanied minor is detained, the US government:

• Transfers them to temporary centers where they are provided with basic care, education, and medical attention.
• Evaluates whether there is a responsible adult in the country who can care for the minor.
• Reunites them with a safe family member or sponsor (if possible).
• Provides follow-up and support after reunification, especially in cases of abuse, health, or legal needs.

What is currently happening to migrant children in the United States?

The current immigration raids have raised concerns about their direct impact on minors.

Authorities claim these are welfare checks, but in practice:

• Migrant children are being questioned by ICE and Homeland Security agents, including in schools and libraries.
• Several sponsors have been arrested during these visits, leaving the minors back in government custody.
• Some families report that officers take photos of their homes and ask intimidating questions, even of minors.
• Many children have lost legal representation due to funding cuts, reducing their chances of obtaining protection.
• New laws are being discussed that could make sponsoring minors more expensive, jeopardizing family reunification.

Note: On our blog, you can find extensive information on how to prepare your family for immigration raids and your rights during immigration roundups in rural areas.

Current regulations for the protection of migrant minors in the US

The US legal system provides several provisions designed to safeguard the rights of migrant minors. These include the following:

• Trafficking Victims of Human Trafficking Protection Act (TVPRA): Provides tools to investigate, prosecute, and punish trafficking, protecting victims through special visas (such as the T visa).
• Flores Agreement: Sets guidelines on how detained minors should be treated, including dignified conditions and reasonable deadlines for their release.
• Immigration and Nationality Act (INA): Establishes the legal framework that regulates asylum applications, detention procedures, and possible types of deportations in the United States .

What legal options do migrant minors have in the US?

There are various legal paths that allow migrant minors to request protection in the US, depending on their specific circumstances. These include:

• Asylum: This is an option for those who face persecution or are at real risk of persecution in their country of origin.
• Special Immigrant Juvenile Status: Aimed at minors who have suffered abandonment, abuse or neglect by one or both parents.
• U and T Visas: Designed for minors who have been victims of serious crimes or human trafficking while in the US.
• DACA: A possible path for young people who came to the country as children and meet certain immigration and educational criteria.

Note: Keep in mind that qualifying for a visa does not mean it will be approved. For example, a U visa may be denied if the criteria are not met.

What are the most common mistakes that can affect the protection of migrant minors in the US?

Some errors in the immigration process can jeopardize the possibility of obtaining legal status. For example:

• Not seeking legal advice from the outset.
• Lack of evidence of abuse or neglect.
• Lack of knowledge of the deadlines for submitting certain immigration relief applications.

Can refugee children go to school in the US?

All unaccompanied minors have the right to attend public schools in the US, regardless of their nationality, citizenship, or immigration status.

Below is a summary of how this right is protected:

• Enrollment cannot be denied due to lack of documents such as a birth certificate, social security number, or academic record.
• School districts cannot ask about immigration status to enroll a minor.
• Caregivers who are not legal parents can register children in many states using special consents or substitute forms.
• The ORR issues documents that can help demonstrate the relationship with the minor.
• Even teenagers with no prior education or limited English are entitled to academic and social benefits when they enroll in school.

Can a minor leave the United States alone?

Yes, but it must meet certain requirements:

• Passport and visa: The minor needs his or her own passport and, if the country requires it, a valid visa.
• Written permission: If you are traveling without a parent, it is recommended that you bring a notarized letter of authorization signed by the parent not accompanying you.
• Custody document: If only one adult has custody, they must bring a document that proves this.
• Destination country rules: Each country has its own rules, so it’s important to check with your consulate.
• Air travel: Airlines offer special services for minors traveling alone, but they usually require certain conditions.

Note: Keep in mind that some immigration relief does not allow travel outside the US. However, others do. For example, you can travel with a T visa, but under certain conditions. Find out which ones in our blog. 

Frequently Asked Questions About the Protection of Migrant Minors in the US

Can a minor apply for asylum on their own?

Yes. Minors have the right to apply for asylum independently. However, it is advisable to have legal representation to ensure a proper process.

What happens when a migrant minor is detained by authorities?

When an unaccompanied minor is detained by immigration authorities, they will be transferred to the Office of Refugee Resettlement (ORR). ORR will assess safe options for their care and possible release.

Is it possible for a relative to obtain custody of a migrant minor?

Yes, as long as you meet certain criteria established by the ORR and receive its approval to assume responsibility for the minor.

Until what age can you apply for Special Immigrant Juvenile Status (SIJS)?

The maximum age varies by state, but in most cases, applicants are allowed up to age 21, provided the eligibility requirements are met at the time of filing.

How can Lluis Law help you protect migrant minors in the US?

At Lluis Law, attorneys David and Ramiro Lluis understand the urgency and sensitivity involved in defending a migrant minor. With over 50 years of combined experience, they offer solid and compassionate legal representation at every stage of the process.

• Advice to avoid mistakes that could affect the minor’s case.
• Processing asylum, juvenile visas, family reunification, and other reliefs available.
• Clear and humane support in situations of detention or risk of deportation.

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Protecting a migrant child can’t wait. Contact us today for the legal help your family needs.