In recent years, unaccompanied minors have become one of the most vulnerable groups within the U.S. immigration system. Despite their age and the extreme circumstances many face, they are not exempt from immigration enforcement, and ICE has increasingly focused on detaining these children. In this blog, we explain what ICE is doing regarding unaccompanied minors, what rights these minors have, and how families can help protect them.
Who Are Considered “Unaccompanied Minors”?
An unaccompanied minor is a child who:
- Is under 18 years old,
- Enters the U.S. without a parent or legal guardian,
- And lacks lawful immigration status.
Many of these children are fleeing violence, extreme poverty, abuse, or abandonment in their home countries. Some are trying to reunite with family members already in the U.S., while others simply seek safety.
What Is ICE Doing?
ICE has recently increased its operations targeting unaccompanied minors who:
- Missed their immigration court hearings,
- Have a final order of removal,
- Or are labeled as “priorities” due to alleged gang ties (which are often not well substantiated).
In some operations, ICE has visited homes where these minors live, questioned their sponsors, and in some cases, attempted to detain household members as well.
What Rights Do Unaccompanied Minors Have?
Even if they are undocumented, unaccompanied minors have rights under U.S. law:
1. Right to a Hearing Before an Immigration Judge
They cannot be deported automatically. They are entitled to a fair hearing unless they voluntarily agree to leave (which they should never do without legal advice).
2. Right to Seek Legal Protection
Many minors may be eligible for immigration relief such as:
- Asylum
- Special Immigrant Juvenile Status (SIJS)
- U or T visas for victims of crime or trafficking
3. Right to Legal Representation
Although the government does not provide free attorneys, unaccompanied minors have the right to hire an attorney and should be represented throughout their case.
What Should Parents or Sponsors Do?
If you are caring for an unaccompanied minor:
- Consult an immigration attorney immediately. Time is critical in these cases.
- Don’t ignore immigration court dates. Missing a hearing may result in an automatic deportation order.
- Prepare documentation. Keep records of the child’s background, school enrollment, living conditions, and any abuse or danger in their home country.
- Never sign anything without legal guidance. ICE may try to pressure you or the minor into agreeing to “voluntary departure.”
Children Deserve Protection—Not Enforcement
Unaccompanied minors don’t come to the U.S. on a whim. Many are escaping desperate and dangerous situations. As a society, we must ensure they are treated with dignity and compassion—not fear and punishment.
At J. Molina Law Firm, we are deeply committed to defending the rights of immigrant children and teens. If you are sponsoring or caring for an unaccompanied minor, contact us today for a confidential consultation. We’re here to fight for their future.
