Unaccompanied Children in Immigration Court

How a Child Ends Up in Court

When Border Patrol or ICE encounters an unaccompanied alien child (UAC) — defined as someone under 18 without a parent or guardian — they are transferred to the Office of Refugee Resettlement (ORR). ORR places them with a sponsor (usually a family member in the U.S.) while their immigration case proceeds.

But placement with a sponsor doesn't end the legal process. The child still has a pending case in immigration court. They must appear for hearings, respond to charges, and either establish a legal basis to remain or face removal.

A Child Representing Themselves

Unlike criminal court, there is no guaranteed right to an attorney in immigration proceedings — even for children. While some jurisdictions have programs providing lawyers for UACs, coverage is inconsistent. A child without a lawyer must:

• Understand the charges against them (usually "unlawful presence" or "entry without inspection")
• Identify and apply for any available relief (asylum, SIJS, T-visa, U-visa)
• Gather and present evidence supporting their claim
• Appear for all scheduled hearings (which may be years apart)
• Respond to legal motions from the ICE trial attorney

Many of these children speak only Spanish — or indigenous languages like Mam (19,252 cases in our data) or K'iche' (14,235 cases). Some cannot read in any language.

Special Immigrant Juvenile Status (SIJS)

SIJS is the primary relief pathway for UACs. It's available to children who were abused, neglected, or abandoned by one or both parents. The process requires:

1. State court findings: A state family or juvenile court must find that the child was abused/neglected/abandoned and that reunification with the parent isn't viable.
2. USCIS petition: File Form I-360 for SIJ classification.
3. Adjustment of status: Once classified, apply for a green card (which may take years due to visa backlogs).

The process requires navigating two separate court systems (state family court + federal immigration court) — something essentially impossible without legal help.

In Absentia: Children Who Don't Appear

A significant number of UAC cases end in absentia — the child doesn't show up for their hearing and receives a removal order by default. This often happens because:

• The sponsor moved and didn't update the court address
• The hearing notice was sent to ORR's address, not the sponsor's
• The sponsor is undocumented and fears appearing at a government building
• The child aged out during the multi-year wait and lost track of the case
• No attorney was tracking the case or court dates