The three Special Rapporteurs, appointed by the UN Human Rights Council, said they are in contact with the US government on the issue.
Duty of care
They explained that, under the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008, the United States Office of Refugee Resettlement is responsible for the care and custody of unaccompanied children.
The Department of Homeland Security (DHS) is required by law to protect children from abuse, exploitation, and human trafficking.
It also ensures that unaccompanied children in federal custody have access to legal counsel and are not subject to expedited removal, that is, deportation without a court hearing.
Legal support ended
However, experts noted that on February 18, 2025, the US Department of the Interior ordered nonprofit legal services providers to suspend their work and ended funding for attorneys representing unaccompanied children.
Although this situation has been challenged in court, many of the 26,000 children affected lost legal assistance and remain at risk of being forcibly removed.
Reports indicate that young migrants are held in windowless cells, denied adequate medical care, and separated from their parents or caregivers for long periods.
In fact, between January and August 2025, the average custody time increased from about one month to six, while releases to family caregivers fell by more than half: from about 95 percent to 45 percent.
Pressured or paid to self-deport
“There have been consistent reports of illegal deportations of unaccompanied children, in violation of the obligation of non-refoulement, including child victims of trafficking and children at risk of human trafficking,” the independent experts said.
The children have reportedly been pressured to accept a cash payment of $2,500 to self-deport or face indefinite detention and transfer to the custody of U.S. Immigration and Customs Enforcement (ICE) upon their 18th birthday.
The experts stressed that children should have access to administrative and judicial remedies against decisions that affect their own situation, or that of their parents or caregivers.
Measures should also be taken to avoid undue procedural delays that could adversely affect their rights.
“Expedited procedures should only be carried out when they are consistent with the best interests of the child and without restricting any guarantee of due process,” they said.
Independent voices
The three Special Rapporteurs receive separate mandates from the UN Human Rights Council to report on trafficking in persons, especially women and children; the human rights of migrants and the independence of judges and lawyers.
They are not UN staff and are not paid for their work.