Legal Advocates Seek to Stop CBP Policy Urging Unaccompanied Children to Self-Deport

The Trump administration policy introduces a self-deportation option before children enter a federal shelter.

Published on Feb. 25, 2026

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Legal advocates have filed a motion to stop U.S. Customs and Border Protection (CBP) agents from urging immigrant children entering the country without their parents to voluntarily deport themselves under a federal policy introduced last year. The policy allows CBP to present the self-deportation option to unaccompanied children before they enter a federal shelter, where they would normally have access to attorneys and an immigration judge. Attorneys say the policy is coercive and violates a current injunction prohibiting the government from deporting Guatemalan unaccompanied minors without an immigration court proceeding.

Why it matters

This case highlights concerns about the treatment of unaccompanied immigrant children at the border and the potential for coercive policies that deny them their legal rights and protections. The self-deportation policy could have serious implications for the future of these children, who may feel pressured to return to dangerous situations in their home countries without proper legal counsel or consideration of their asylum claims.

The details

Under the Trafficking Victims Protection Reauthorization Act of 2008, CBP agents are required to send unaccompanied immigrant children to a federal shelter under the Office of Refugee Resettlement, where they can access attorneys and an immigration judge. The new policy, introduced in September 2025, allows CBP to present the self-deportation option before children reach the shelter. 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 self-deportation policy was introduced in September 2025.
  • On August 2026, the government attempted to deport dozens of Guatemalan unaccompanied minors in a haphazard overnight flight.

The players

Customs and Border Protection (CBP)

The U.S. federal law enforcement agency responsible for border security and immigration enforcement.

Office of Refugee Resettlement

A federal agency that provides care and placement for unaccompanied immigrant children.

Trafficking Victims Protection Reauthorization Act of 2008

A 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 this case.

Institute for Constitutional Advocacy and Protection

A legal advocacy organization also representing the Guatemalan children in this case.

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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

“We believe that this is happening to many, many more children and that the 13 that are mentioned in our motion are just those that kind of slipped through the cracks.”

— Kate Talmor, Senior Counsel, Institute for Constitutional Advocacy and Protection

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 the ongoing challenges in protecting the rights and wellbeing of unaccompanied immigrant children at the border, and the potential for coercive policies that undermine their legal protections and access to due process.