OLD AND QUIRKY                                                            September 7, 2025

The United States, long viewed as a beacon of hope for immigrants seeking safety and opportunity, faces a moral and legal crisis in its treatment of immigrant children. From detention centers to courtroom battles, the experiences of these vulnerable minors reveal deep flaws in the nation’s immigration system and raise urgent questions about justice, compassion, and accountability. What Is the Administration Doing too Immigrant Children?  In the early hours of Sunday August 31, in the middle of a three-day holiday weekend, the Trump administration attempted to take vulnerable children out of government custody and ship them alone to their country of origin, Guatemala. The administration was planning to move up to 600 children from the custody of the Office of Refugee Resettlement (ORR), where they are held according to law until they can be released to a relative or a guardian living in the U.S. who can take care of them while their case for asylum in the U.S. is being processed. Unaccompanied migrant children are considered a vulnerable population and are covered by the 2008 Trafficking Victims Protection Reauthorization Act. That law gives them enhanced protection and care, making sure they are screened to see if they have been trafficked or are afraid of persecution in the country they come from. Congress has specified that such children can be removed from the country only under special circumstances. Nonetheless, the administration appears to have removed about 76 of those transferred out of the custody of ORR—the only agency with legal authority to hold them—where they were waiting to be released to a relative or guardian.   Early on Sunday, August 31, advocates for the children filed a suit to prevent the administration from removing them. Shortly after 2:30 in the morning, Judge Sparkle Sooknanan got a phone call about the case, and by 4:00 she had issued an emergency order blocking the removal and scheduled a hearing for 3:00 pm that afternoon. She moved it up to 12:30 pm when she learned that the administration was already moving some children out of the country. By noon Monday, according to the government’s lawyers, all the children were back in ORR custody.

Immigrant children have always been part of America’s story. But the modern era, especially post-9/11, has seen a shift toward securitization and deterrence. Policies like family separation under the Trump administration and overcrowded detention facilities have drawn international condemnation.

Legal Protections vs. Reality

The Flores Agreement of 1997 was a landmark settlement that established minimum standards for the treatment of immigrant children in federal custody. It mandates that children be held in “safe and sanitary” conditions and released “without unnecessary delay” to appropriate sponsors. However, enforcement has been inconsistent. In 2025, a federal judge ordered continued monitoring of U.S. Customs and Border Protection (CBP) after failures to meet these standards.

Moreover, access to legal representation remains a critical issue. Children with lawyers are far more likely to appear in court and succeed in asylum claims—95% versus just 33% for those without attorneys. Yet, in March 2025, the federal government terminated a contract that provided legal counsel for over 26,000 unaccompanied minors, leaving thousands without support in navigating complex legal systems.

Detention and Its Consequences

Detention facilities, especially those housing families, have come under scrutiny for poor conditions and inadequate medical care. A reopened center in Texas revealed issues like malnutrition, tuberculosis, and insufficient mental health screening. While the Biden administration initially halted family detention in favor of alternatives like electronic monitoring, recent policy shifts have revived large-scale detention efforts.

Children in detention, whether alone or with family, face trauma that can have lifelong consequences. The psychological toll of confinement, uncertainty, and separation from loved ones undermines their development and violates international norms of child welfare.

Humanitarian and Ethical Concerns

Beyond legality, the treatment of immigrant children is a humanitarian issue. These minors often flee violence, poverty, and instability in Central America, arriving at the U.S. border in search of safety. Instead, they encounter bureaucratic hurdles, hostile environments, and prolonged uncertainty.

Critics argue that the U.S. response exacerbates the very crises these children are escaping. Policies that prioritize deterrence over protection risk violate both domestic law and international human rights standards.

Toward Reform: What Needs to Change

To uphold its values and obligations, the United States must:

• Restore and expand legal representation for all immigrant children.
• Fully implement and enforce the Flores Agreement, with independent oversight.
• Invest in community-based alternatives to detention, which are more humane and cost-effective.
• Ensure trauma-informed care and education for children in custody.
• Reform asylum procedures to prioritize child welfare and family unity.

Conclusion

As I look back over our history with indigenous people and black people, I shouldn’t be surprised by all of this. I don’t want to think of my country as evil. But I am surprised by the treatment of immigrant children in the United States.  This is not just a policy issue, it is a reflection of national character. As the country grapples with its identity in a globalized world, how it treats its most vulnerable newcomers will speak volumes. Justice demands more than compliance; it calls for compassion, dignity, and the courage to do better.  We can and must do better.

T. Michael Smith

wwwtmichaelsmith.com