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TWN
Info Service on UN Sustainable Development (Jan26/04) Penang, 28 Jan (Kanaga Raja) — United Nations human rights experts have raised alarm over the United States’ decision to terminate federal funding for legal services for unaccompanied children in immigration proceedings. They warned that the move undermines children’s rights and leaves them vulnerable in complex legal processes. The experts stressed that denying access to legal representation constitutes a serious violation of international child rights standards, as it forces minors to face immigration courts alone without the necessary protection or guidance. The UN experts are Siobhan Mullally, the Special Rapporteur on trafficking in persons, especially women and children; Gehad Madi, the Special Rapporteur on the human rights of migrants; and Margaret Satterthwaite, the Special Rapporteur on the independence of judges and lawyers. “Denying children their rights to legal representation and forcing them to navigate complex immigration proceedings without legal counsel is a serious violation of the rights of children,” the experts said in a news release issued on 27 January. According to the news release, under the 2008 Trafficking Victims Protection Reauthorization Act (TVPRA), the Office of Refugee Resettlement (ORR) is responsible for the care and custody of unaccompanied children. The TVPRA requires the Department of Homeland Security (DHS) to protect children from mistreatment, exploitation and trafficking in persons. It also guarantees that unaccompanied children in federal custody have access to legal counsel and should not be subjected to expedited removal. However, on 18 February 2025, the US Department of the Interior ordered non-profit legal service providers to halt work and ended the funding for attorneys representing unaccompanied children, effectively suspending the Unaccompanied Children Program. Legal actions have been brought before US courts, challenging these developments, highlighting the risks for the protection of children’s rights, according to the news release. However, many of the 26,000 affected children lost legal counsel and remain at risk of forced removal despite being eligible for relief. Reports indicate that children are being held in windowless cells, denied adequate medical care and separated from parents or caregivers for long periods. Between January and August 2025, the average custody time rose from about one month to six months, while releases to family caregivers dropped from approximately 95 per cent to 45 per cent. “There have been consistent accounts of unlawful deportations of unaccompanied children, in breach of the obligation of non-refoulement, including for child victims of trafficking, and children at risk of trafficking in persons,” the experts said. Children have been reportedly pressured to either accept a cash payment of $2,500 to self-deport, relinquishing protections under the TVPRA, or face indefinite detention and transfer to ICE custody upon turning eighteen, they noted. “Child-sensitive justice procedures should be guaranteed in all immigration and asylum proceedings affecting children,” the experts emphasized. They stressed that children should have access to administrative and judicial remedies against decisions affecting their own situation or that of their parents or caregivers, and measures should be taken to avoid undue procedural delays that could negatively affect children’s rights. “Expedited proceedings should only be pursued when they are consistent with the child’s best interests and without restricting any due process guarantees,” the experts said, adding that they are in contact with the US Government on these issues. MIGRANT CRACKDOWN The warning by the UN experts came as UN High Commissioner for Human Rights Volker Turk on 23 January decried the dehumanising portrayal and harmful treatment of migrants and refugees by the United States in its crackdown on migrants. Mr. Turk called on the United States to ensure that its migration policies and enforcement practices respect human dignity and due process rights. “Individuals are being surveilled and detained, sometimes violently, including at hospitals, churches, mosques, courthouses, markets, schools, and even within their own homes, often solely on mere suspicion of being undocumented migrants. Children are missing school and pediatric appointments for fear of never seeing their parents again,” he said. “Those who dare to speak up or protest peacefully against heavy-handed immigration raids are vilified and threatened by officials, and on occasion subjected to arbitrary violence themselves,” he added. “I am astounded by the now-routine abuse and denigration of migrants and refugees,” Mr. Turk said. “Where is the concern for their dignity, and our common humanity?” The rights chief pointed out that numerous migration policies now being implemented by the US authorities are resulting in arbitrary and unlawful arrests and detentions, as well as flawed removal decisions. He raised concerns that the enforcement of these policies often lacked sufficient individualised assessments. “States have the authority to establish their national migration policies, but this needs to be carried out in full accordance with the law. Adhering to due process is crucial to the legality and legitimacy of any policy. If these principles are not followed, it will more broadly erode public trust, diminish legal certainty, weaken institutional legitimacy, and violate individuals’ rights,” said the High Commissioner. He recognised the multitude of public officials, community groups and civil society representatives across the United States – members of Congress, judges, state and local officeholders, as well as lawyers, clergy, service providers, advocates, and ordinary citizens, among many others – who are standing up for dignity, fairness and accountability in the treatment of migrants and their communities. The High Commissioner expressed deep concern about the harmful and dehumanising narratives frequently used to describe migrants and refugees. “The United States’ history has been shaped profoundly by the contributions that migrants, from all parts of the world, have made and continue to make,” he said. “Demonising migrants and refugees collectively as criminals, threats, or burdens on society – based on their origin, nationality or migration status – is inhuman, wrong, and it goes against the very fabric and foundations of the nation,” he added. “I call on leaders at all levels in the US to halt the use of scapegoating tactics that seek to distract and divide, and which increase the exposure of migrants and refugees to xenophobic hostility and abuse,” said the rights chief. Mr. Turk deplored the use of large-scale enforcement operations by US immigration and other agents who have recurrently used force that appears to be unnecessary or disproportionate. “Under international law, the intentional use of lethal force is only permissible as a measure of last resort against an individual representing an imminent threat to life,” he said. People arrested and detained often lack timely access to legal counsel and effective means to contest their detention, as well as decisions on removal, he noted. The High Commissioner highlighted that many arrests, detentions, and expulsions occur without effort to assess and maintain family unity, exposing children in particular to risks of severe and long-term harm. He said repeated instances of detained parents transferred between detention centres, without providing adequate information about their location or access to legal counsel, also hamper their ability to stay in contact with their families and legal representatives. “I call on the Administration to end practices that are tearing apart families,” said the High Commissioner. He also called for an independent and transparent investigation into the concerning rise in the number of deaths in US Immigration and Customs Enforcement (ICE) custody. At least 30 such deaths were reported last year, and a further six have been reported so far this year. The rights chief pointed out that some deportations of individuals, including to countries other than their State of origin or with which they have no connection, have been conducted hastily, without properly considering the risks of torture or irreparable harm. There have also been acknowledged errors by the authorities, in which people have been wrongfully expelled from the US. These cases highlight the need for stronger safeguards, he said. “The US has the obligation to comply with international human rights law and international refugee law.” “Migration enforcement must always respect due process, protection from arbitrary detention, the principle of non-refoulement, equality and non-discrimination, and protection of the family,” said the High Commissioner. +
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