As Migrant Children Remain in Federal Custody, What Can Nonprofits Do?

A young, Brown child looks into the camera with a reserved expression. He wears a blue shirt with a playful truck print. — Image Credit: Frank Flores For Unsplash+

For decades, the United States has maintained a child welfare framework intended to protect unaccompanied migrant children who arrive at the border alone.

Under the Trafficking Victims Protection Act Reauthorization of 2008, unaccompanied minors were granted protections designed to safeguard them from trafficking and exploitation, including transfer to the care of the Office of Refugee Resettlement (ORR), access to legal screenings for asylum or other relief, and placement in the least restrictive setting while their immigration cases proceed.

ORR operates within the US Department of Health and Human Services and was designed to house children briefly while federal officials located safe sponsors in the United States. But as migration policies shift and immigration courts face mounting backlogs, children are increasingly remaining in custody far longer than the system was designed to accommodate.

Jennifer Podkul, chief of global policy and advocacy at the nonprofit Kids in Need of Defense (KIND), told NPQ in an interview that the delays can discourage migrants from seeking protection, intensify psychological harm, and create new legal risks for minors navigating immigration court.

“ORR was created to provide care and custody for children; it was not intended to be immigrant detention,” Podkul said. “The idea was to keep a child safe while they go through immigration proceedings, not to punish them or deter other migrants.”

The nonprofit sector, she argues, is now playing a critical role in protecting these children while also holding federal agencies accountable.

A System Built for Short Stays

When unaccompanied children arrive in the United States, federal law requires that they be transferred to ORR custody, where they are placed in licensed shelters or group homes while authorities attempt to reunite them with a sponsor.

Historically, the goal has been to place children with a sponsor—often a parent or close relative—within weeks. Those sponsors must submit identification documents, undergo background checks, and demonstrate they can provide a safe home environment before a child is released.

Podkul said the process once moved relatively quickly, often taking about two weeks. New policy changes have added new layers of scrutiny that advocates say are significantly slowing reunifications and leaving youth in custody for extended periods.

“Now the vetting requirements have expanded in ways that are making reunification far more difficult,” Podkul said. “Recent policy changes have added additional documentation requirements and more intensive verification procedures for potential sponsors.”

In some cases, according to Podkul, the agency now uses DNA testing to confirm biological relationships between children and sponsors claiming to be relatives. But these expanded checks, Podkul argues, have contributed to a dramatic slowdown.

“Children who should be spending a short period in ORR custody are now staying for months,” she said. “That fundamentally changes the purpose of the system.”

Detention Fatigue

Podkul noted that federal agencies are now permitted to share information about potential sponsors’ immigration status with law enforcement authorities, including US Immigration and Customs Enforcement (ICE). Critics warn that such data sharing could deter undocumented relatives from attempting to reunify with children out of fear of deportation.

Unlike criminal defendants, immigrants—including children—do not have a guaranteed right to government-appointed legal counsel.

“It can feel like children are being used as bait to identify undocumented sponsors,” Podkul said. “We’re seeing far fewer children being released to sponsors and more cases where children are referred to immigration enforcement than in the past.”

Many unaccompanied minors arriving in the United States have already experienced violence, poverty, or family separation before ever reaching the border. Extended stays in institutional settings and the uncertainty and confusion of indefinite timelines can exacerbate existing trauma.

“Many of these children were already traumatized before they ever arrived in the United States,” Podkul said. “Now they’re sitting in facilities without any sense of when—or if—they’ll be released.”

“We’re hearing from clients who say that even if their lawyer might win their case, they simply cannot stay in ORR custody any longer,” she added. “That’s detention fatigue.”

Unaccompanied children must also navigate the system alone.

Due to the structure of US immigration courts, unlike criminal defendants, immigrants—including children—do not have a guaranteed right to government-appointed legal counsel.

Congress allocates funding for legal services for some children in ORR custody, and nonprofit organizations across the country provide Know Your Rights presentations and legal screenings in shelters. But representation remains far from universal.

“We’re hearing from young people who were told they were safe here, only to have the rug pulled out from under them.”

“Immigration judges are under pressure to move cases forward,” Podkul said. “That means attorneys are scrambling to protect children’s rights.”

The stakes are high. Immigration proceedings determine whether a child can remain safely in the United States or must return to potentially dangerous conditions in their home country. Without legal representation, that process becomes extraordinarily difficult for a child.

An Adult Detention Pipeline

Even children who qualify for certain legal protections can face prolonged uncertainty in ORR custody. Special Immigrant Juvenile status—a pathway available to minors who have been abused, abandoned, or neglected—allows eligible youth to apply for lawful permanent residency. But visa backlogs and shifting policies have left many approved applicants waiting years for stability.

“We’re hearing from young people who were told they were safe here, only to have the rug pulled out from under them,” Podkul said. “These minors are at a critical point in their lives. Many want to work and build a future, but policy shifts are leaving them in limbo.”

Another concern arises when children in federal custody turn 18 before their immigration cases are resolved. Once minors reach adulthood, they may be transferred out of ORR’s child welfare system and into the adult immigration enforcement system.

“If their case isn’t resolved, that transition can mean ICE detention or even rapid removal,” Podkul said. “This adds additional pressure on teenagers already navigating a complicated legal process.”

“We’re no longer treating these kids like kids.”

The Growing Role of Nonprofits

With federal immigration policies in flux, nonprofit organizations have increasingly stepped in to support unaccompanied minors and to challenge government practices.

Legal advocacy groups have filed impact litigation, submitted Freedom of Information Act requests, and pushed Congress to strengthen oversight of the child welfare system for migrant youth. Some organizations are also working to expand universal representation programs that would provide immigration lawyers to every child facing removal proceedings.

“Universal representation campaigns are critical,” Podkul said. “Every child should have access to legal counsel.”

But Podkul said that the broader concern at hand is that immigration enforcement priorities are reshaping what was meant to be a child-focused system—and that’s a problem.

“We’re no longer treating these kids like kids. We have clear standards for how children should be treated. The question is why those standards aren’t being followed—and this is where nonprofits step in.”