1,900 Children Stuck in Immigration Custody: What Families Can Do
Roughly 1,900 unaccompanied children — some of them babies — have been sitting in US government shelters for an average of six months, even when family members in the United States are ready to take them in. Now, more than 50 legal organizations have launched a coordinated legal campaign to get them out. The tool they are using could force the government to justify each detention in federal court — or release the child.
What if your child has been in a government shelter for six months and you still cannot bring them home — even though you are here, in the United States, waiting? That is the reality for thousands of families right now. Around 1,900 unaccompanied children — from babies to teenagers — were under federal government control as of the end of August 2026, according to government data. On average, each child has spent roughly 183 days, about six months, in a shelter or long-term foster care.
Lawyers Are Fighting Back in Federal Court
More than 50 legal organizations, law firms, and law offices have joined a coordinated effort called the Children's Due Process Project. Working without charge (pro bono), these attorneys are going to federal courts one case at a time to argue that the government is holding these children unlawfully. Their main tool is a habeas corpus petition — a legal filing that forces the government to explain in court why it is keeping someone in custody, or release them. The Guardian first reported the details of this effort.
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Critics say the Trump administration has taken unprecedented steps that override children's rights in order to speed up deportations. Advocates also allege that conditions in these shelters can cause psychological harm to children. Many of the detained children have family members already living in the United States who are waiting for them while their immigration cases move through the courts.
What to Do If Your Child Is in Immigration Custody
- Contact a legal organization immediately. The Children's Due Process Project involves more than 50 groups offering free legal help. Organizations like the American Immigration Lawyers Association (AILA) or your local immigration legal aid office can connect you with pro bono attorneys.
- Ask an attorney about filing a habeas corpus petition. This is the specific legal tool lawyers are using right now to challenge the government's authority to keep children detained.
- Document everything. Keep records of every communication with the shelter, every court notice, and every date. This information is critical for any legal filing.
- Do not sign any voluntary departure or removal documents for your child without first speaking to an immigration attorney. Signing can end your child's legal case permanently.
What to do, step by step — see our guide “Deportation Defense”.
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A habeas corpus petition is one of the most powerful tools available when someone — including a child — is being held in government custody without a clear legal basis. If a child has been in a shelter for months while a parent or sponsor in the US is ready and able to care for them, that detention may be challengeable in federal court right now. Families should also know that signing a voluntary departure order waives important rights and can bar future immigration benefits — never sign anything under pressure without legal review. Reach out to an immigration attorney or accredited representative as soon as possible.
Frequently Asked Questions
What is a habeas corpus petition and how does it help my child?
A habeas corpus petition is a legal filing in federal court that demands the government explain why it is holding someone in custody. If the government cannot give a valid legal reason, the court can order the person released. Lawyers in the Children's Due Process Project are filing these petitions one by one to challenge the detention of unaccompanied children.
My child arrived alone and is in a shelter. Can I get them released to me?
Possibly, yes. Many children in custody have family members in the US who are eligible to sponsor them. An immigration attorney can review your specific situation and help you file the right paperwork — or a habeas corpus petition if the government is unreasonably delaying release. Contact a pro bono legal organization immediately.
Is this legal help really free?
The attorneys involved in the Children's Due Process Project are working pro bono, meaning they are not charging families. More than 50 legal organizations have joined the effort. You can find free immigration legal help through your local legal aid office or through organizations affiliated with the American Immigration Lawyers Association.
What happens if my child's case goes to immigration court while they are still in custody?
Children in immigration custody still have the right to appear before an immigration judge and present their case. Having a lawyer represent your child in immigration court significantly improves outcomes. If your child does not have a lawyer, ask the shelter staff about legal representation resources or contact a local immigration legal aid organization.