UAC (Unaccompanied Alien Child)

An Unaccompanied Alien Child (UAC), also referred to as an unaccompanied minor, is defined in U.S. immigration law as a child who is under 18 years of age, has no lawful immigration status in the United States, and has no parent or legal guardian in the U.S. available to provide care and physical custody. UACs receive special protections under the Trafficking Victims Protection Reauthorization Act (TVPRA) and the Flores Settlement Agreement.

When a UAC is encountered by CBP at the border or by ICE in the interior, the child must be transferred to the custody of the Office of Refugee Resettlement (ORR), a division of the Department of Health and Human Services (HHS), within 72 hours. ORR operates a network of shelters and facilities where children are housed while the agency works to identify suitable sponsors — typically parents, relatives, or family friends already in the U.S. — with whom the child can be placed.

UACs have specific procedural protections in immigration court. They cannot be ordered removed in absentia (if they fail to appear, the case must be continued rather than decided in their absence). They are eligible for Special Immigrant Juvenile Status (SIJS) if they meet the criteria. They may also apply for asylum and are exempt from the one-year filing deadline.

The number of UACs encountered at the southern border has fluctuated significantly, from roughly 25,000-30,000 in some years to over 130,000 in peak years. The children come predominantly from Central American countries (Guatemala, Honduras, and El Salvador) and increasingly from other nations. Many are fleeing violence, gang recruitment, poverty, or family breakdown.

The UAC population presents unique challenges for the immigration court system. These are children navigating complex legal proceedings, often without attorneys (representation rates for UACs have improved but remain inadequate), while dealing with trauma, language barriers, and the stress of family separation.