Each year, children arrive at the United States border without a parent or legal guardian. Some have fled violence, persecution, or abuse. Some have been separated from a family member during the journey. Others were sent by parents who believed that reaching the U.S. was the only way to keep them safe. Whatever brings them here, what happens next follows a specific legal process one that is often long, confusing, and difficult for a child to navigate alone.
Here is what that process looks like, from the moment a child arrives to what comes after.
Step 1: Apprehension at the Border
When an unaccompanied child is encountered at or near the U.S. border, they are first taken into custody by the U.S. Department of Homeland Security (DHS), typically Customs and Border Protection (CBP). CBP is an immigration enforcement agency. Its facilities are not designed for children, and children are not supposed to stay there for long.
Under federal law, specifically the Flores Settlement Agreement and the Trafficking Victims Protection Reauthorization Act (TVPRA), CBP must transfer unaccompanied children to the care of the Office of Refugee Resettlement (ORR) within 72 hours. ORR is part of the Department of Health and Human Services, not an immigration enforcement agency. Its mission is child welfare, not enforcement.
Step 2: Placement in ORR Custody
Once transferred to ORR, children are placed in licensed shelters, foster care programs, or in some cases more restrictive facilities, depending on their age, needs, and circumstances. ORR is required by law to place each child in the least restrictive setting that is in their best interests.
In ORR custody, children have the right to food, clothing, shelter, medical care, education, and recreational activities. They also have the right to meet with an attorney who can advise them about their immigration options and rights.
The goal of ORR custody is not to detain children indefinitely. It is to care for them while their immigration case proceeds and while a suitable sponsor, typically a parent or close family member, is identified and vetted for their release.
Step 3: The Sponsorship Process
Most unaccompanied children have family members already living in the United States. ORR works to identify and vet these potential sponsors so children can be released from custody as quickly as possible.
Parents, adult relatives, or trusted adult family friends who want to understand the sponsorship process should reach out to the Young Center or a trusted legal service provider first, before contacting ORR directly, to understand their rights and what to expect.
Sponsors must provide documentation proving their identity and their relationship to the child, pass background checks, and demonstrate that they can provide a safe and stable home. The level of vetting required depends on the sponsor’s relationship to the child and any risk factors identified in the child’s case.
When the process works as intended, children are released to sponsors within weeks. In practice, the process can take much longer. The average time children spend in ORR custody has increased significantly in recent years, rising from about 30 days to over six months in some periods, largely due to stricter vetting requirements and staffing challenges.
Step 4: Immigration Proceedings
Separately from the ORR custody process, unaccompanied children are placed in immigration proceedings before an immigration judge. These proceedings determine whether a child will be allowed to remain in the United States or be ordered removed.
Children may be eligible for several forms of legal protection, including asylum, Special Immigrant Juvenile Status for children who have experienced abuse, neglect, or abandonment, or other forms of humanitarian relief. Not every child will qualify for protection, but every child deserves the chance to have their case fully and fairly heard.
Unaccompanied children are not guaranteed a government-appointed attorney. Many children appear in immigration court without legal representation, facing proceedings they do not understand, in a language that may not be their own. Research consistently shows that children who have legal representation are significantly more likely to have their cases decided in their favor.
Step 5: Release and Life After Custody
Once released from ORR custody to a sponsor, a child’s immigration case continues. They are expected to attend all immigration court hearings, meet with government agencies, and comply with the terms of their release. For many children, this process continues for months or years while they await a final decision on their case.
After release, children and their families often face additional challenges: finding stable housing, enrolling in school, accessing healthcare, and navigating a legal process that remains ongoing. Community organizations, legal service providers, and advocates play a critical role in supporting children through this period.
Where the Young Center Fits In
Throughout this entire process, the Young Center’s Child Advocates work to ensure that the best interests of each child remain at the center of every decision made about their life. Child Advocates are independent volunteers and staff who are appointed to the most vulnerable unaccompanied children in federal custody. They are not attorneys. Their sole focus is to understand what is truly best for that child and to make sure that perspective is heard by immigration judges, ORR officials, asylum officers, and attorneys.
The immigration system was built for adults. For a child navigating it alone, without a parent, without a lawyer, and often without fluency in English, having someone in their corner matters. Learn more about the Young Center’s direct services and advocacy work for unaccompanied immigrant children, or make a donation to support this work today.
