Legal advocates seek to halt CBP policy pressuring unaccompanied children to self-deport
3 minute readPublished: Wednesday, February 25, 2026 at 4:21 pm
Legal Advocates Challenge CBP Policy on Unaccompanied Immigrant Children
McAllen, Texas – Legal advocates have filed a motion to halt a U.S. Customs and Border Protection (CBP) policy that encourages unaccompanied immigrant children to voluntarily deport themselves. The policy, implemented last year, allows border agents to present self-deportation as an option to children who enter the country illegally without their parents.
Under the Trafficking Victims Protection Reauthorization Act of 2008, unaccompanied children are typically transferred to the Office of Refugee Resettlement, where they have access to legal counsel, immigration judges, and the ability to communicate with their parents before making decisions about their immigration status. The new policy, however, introduces the self-deportation option before children reach these protections.
The motion alleges that the policy threatens children with prolonged detention, potential arrest and prosecution of their adult sponsors, and future visa denials if they refuse to self-deport. Attorneys representing Guatemalan children, following a previous government attempt to deport them, argue the policy violates an existing injunction that prevents the deportation of Guatemalan unaccompanied minors without due process. They are also seeking to expand the injunction to include children from other countries, excluding Mexico and Canada.
Legal advocates claim the policy is coercive, citing instances where children reported being threatened, yelled at, and pressured into signing documents they did not fully understand, sometimes due to language barriers. One child described being forced to sign papers after being denied medical treatment. Attorneys argue that these children are not afforded the opportunities guaranteed to them under federal law.
CBP officials have stated that the self-deportation option is presented orally to some unaccompanied children. Attorneys have identified 13 cases in South Texas where the policy was applied, but believe the practice is more widespread. The federal government has two weeks to respond to the motion, after which a judge will decide whether to intervene and halt the policy's enforcement.
BNN's Perspective: The situation highlights the complex challenges of managing the influx of unaccompanied minors at the border. While the government has a responsibility to secure the border, it must also ensure that vulnerable children are treated fairly and have access to due process. Striking a balance between these competing interests is crucial.
Keywords: CBP, unaccompanied children, self-deportation, immigration, legal advocates, border policy, Trafficking Victims Protection Reauthorization Act, Office of Refugee Resettlement, Guatemalan children, injunction, due process, immigration court, detention, coercion, border agents.