Legal Advocates Seek to Halt CBP Policy Pressuring Unaccompanied Children to Self-Deport

Motion filed to stop U.S. Customs and Border Protection from urging immigrant children to voluntarily deport themselves before accessing legal protections.

Published on Feb. 25, 2026

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Legal advocates have filed a motion seeking to stop U.S. Customs and Border Protection (CBP) agents from pressuring unaccompanied immigrant children entering the country illegally to voluntarily deport themselves under a new federal policy introduced in 2025. The policy allows CBP to present the self-deportation option to children before they are sent to federal shelters, where they would normally have access to attorneys and an immigration judge to discuss their options.

Why it matters

The advocates argue this new CBP policy violates a current injunction prohibiting the government from deporting Guatemalan unaccompanied minors without going through immigration court proceedings. They are also seeking to expand the injunction to cover children from other countries, excluding Mexico and Canada. The policy is seen as coercive, as it threatens children with prolonged detention and other consequences if they do not agree to self-deport.

The details

Under the Trafficking Victims Protection Reauthorization Act of 2008, CBP agents are required to send unaccompanied immigrant children to federal shelters under the Office of Refugee Resettlement, where the children have access to attorneys and an immigration judge. The new CBP policy introduced in September 2025 allows agents to present the self-deportation option to children before they reach the shelters. If children decline to voluntarily return, the policy threatens to detain them for long periods, arrest and prosecute their adult sponsors, and bar them from applying for a visa in the future.

  • The new CBP policy was introduced in September 2025.
  • On August 2025, the government unsuccessfully attempted to deport dozens of Guatemalan unaccompanied minors in a haphazard overnight flight.

The players

U.S. Customs and Border Protection (CBP)

The federal agency responsible for border security and immigration enforcement.

Office of Refugee Resettlement

The federal agency that oversees the shelters where unaccompanied immigrant children are sent after being apprehended by CBP.

Trafficking Victims Protection Reauthorization Act of 2008

The federal law that requires CBP to send unaccompanied immigrant children to federal shelters under the Office of Refugee Resettlement.

National Center for Youth Law

A legal advocacy organization representing the Guatemalan children in the lawsuit against the CBP policy.

Institute for Constitutional Advocacy and Protection

A legal advocacy organization also representing the Guatemalan children in the lawsuit.

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What they’re saying

“It's plainly coercive to threaten children with prolonged detention while they are scared and not given the opportunity to speak to counsel or their family before they make a decision that has grave implications for their future.”

— Mishan Wroe, Attorney, National Center for Youth Law

“I thought I had to sign, but I didn't know why or what for.”

— Unnamed girl

What’s next

The federal government will have two weeks to file their opposition to the motion, and then the judge can determine whether to intervene and stop the policy from being enforced on Guatemalan children and whether to expand the protection to children from other countries.

The takeaway

This case highlights concerns about the rights and protections afforded to unaccompanied immigrant children under federal law, and the potential for coercive policies that pressure vulnerable minors to make decisions with grave consequences for their futures.