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Trump Administration Policies Jeopardize the Well-Being of Unaccompanied Children

Yesterday, the Trump administration issued an order to “stop all work” associated with Congressionally mandated legal services for unaccompanied children. The order is effective immediately. This order affects the current cases of approximately 26,000 vulnerable children and jeopardizes the well-being of tens of thousands more. The news follows reporting that the administration is sharing unaccompanied children’s confidential data with Immigration and Customs Enforcement (ICE).

“The Trump administration’s halt of legal representation and know-your-rights trainings will make it impossible for children to navigate immigration court,” said Melanie Nezer, vice president of advocacy and external relations at the Women’s Refugee Commission. “During the first Trump administration, children – some of them two– or three-year-old toddlers – were representing themselves in immigration court. It was surreal and should never happen in a country of rights and laws that claims to care about children.

“The Women’s Refugee Commission is also deeply concerned about reports that data on unaccompanied children is being shared with deportation authorities. Children’s highly sensitive data should only be used in their best interest. Sharing data with ICE keeps families apart, keeps children in group settings and out of family homes, and harms children.”

Unaccompanied children are children who cross the southern border without a parent or legal guardian. They are among the most vulnerable migrants who come to the United States. Most arrive from Central America, and they face heightened risks of violence, exploitation, and neglect throughout their journeys. The majority of unaccompanied children will demonstrate a legal right to stay permanently in the U.S. Children who are not eligible for permanent legal status will often be granted a form of legal protection that protects them from deportation.

Congress mandates legal services for these children. These services are consistent with the Trafficking and Victims Protection Reauthorization Act, the Flores Settlement Agreement, and a federal regulation known as the ORR Foundational Rule. These govern the treatment of immigrant children held in government custody and keep children safe.

The Women’s Refugee Commission calls for the immediate resumption of legal services for unaccompanied children, and for Congress to ensure that the funds it designated for unaccompanied children are used for their intended purposes. The Women’s Refugee Commission also calls upon Congress to immediately uphold its duty to provide critical oversight over unaccompanied children’s private data.

To learn more about the harms of data sharing, please: read our blog.

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