Children Alone in Immigration Courts
Picture a three-year-old in front of an immigration judge, struggling to answer questions in a language they don’t know, about laws they can’t begin to explain. This isn’t a rare scenario—it’s happening in courtrooms across the United States, as thousands of unaccompanied immigrant children show up alone. The wave started after the Trump administration abruptly ended a major contract that paid for legal services for these kids. Without this support, some children as young as one are now expected to defend themselves. Most adults would struggle in these settings, let alone kids who have just crossed borders and can barely express their basic needs.
With the loss of organized legal aid, immigration courts are thrown into chaos. Judges often postpone cases, hoping legal help will show up. But most times, kids sit in silence or look to strangers in the room for help. Lawyers, nonprofit workers, and court-appointed guardians say the whole system is teetering. Many call it a due process train wreck. When a child has no idea how to fill out legal paperwork or speak for themselves in a court, it’s not just unfair—it’s a dangerous setup for mistakes, wrongful deportations, and even permanent loss of family members.
Senators Push for Guaranteed Representation
Seeing this crisis grow, Senators Edward Markey and Mazie Hirono recently brought back the Fair Day in Court for Kids Act of 2025. The bill would give every unaccompanied child in immigration court the right to a legal representation—no exceptions, no fine print. The senators argue that children can’t be expected to act as their own lawyers and shouldn’t be asked to take on the government’s immigration lawyers alone. The Act would set clear rules for lawyers representing children, lining up with earlier protections like those in the Trafficking Victims Protection Reauthorization Act (TVPRA).
There was a brief glimmer of hope in April, when a federal court granted a temporary restraining order—the legal aid contract couldn’t be scrapped, at least not right away. But that order runs out on April 30, 2025. The government’s lawyers are pushing to dissolve it, and with no replacement plan ready, many groups supporting immigrant children feel their backs are against the wall. Law firms and nonprofits scramble to find volunteer lawyers, but with thousands of new cases, there’s no way to keep up.
- Children risk being deported in error, sometimes to countries where they face violence or exploitation.
- No legal help means bigger risks of being trafficked or mistreated during and after the process.
- Immigration judges struggle to manage full dockets, knowing many kids have no idea what’s happening or how to present their case.
As the courts, Congress, and advocacy groups battle over the future of legal aid for immigrant children, the reality in the courtroom is stark. Scores of minors—some who haven’t even started school—show up, alone, confused, and without a voice. Whether lawmakers will step in with a lasting solution remains to be seen, but one thing’s obvious: the current system isn’t built for kids.