Two pro-bono organizations are stepping into the legal arena, challenging the Trump Administration’s recent changes to procedures for reuniting children who crossed the southern border without their parents. They argue that these changes are causing unnecessary, protracted separations and fostering inhumane conditions.
The National Center for Youth Law and Democracy Forward are the plaintiffs in this federal lawsuit, filed in the District of Columbia. The suit targets the U.S. Department of Health and Human Services and its Office of Refugee Resettlement, seeking a return to previous reunification procedures.
Critics point to government data that reveals the average time children spend in custody before being handed over to their sponsors has rocketed from 37 days in January to a staggering 112 days by March.
Changes implemented by the Trump administration in February altered review procedures for sponsors seeking to care for these children in government custody, whether parents, relatives, or unrelated caregivers. Further alterations in March and April tightened requirements, demanding identification or proof of income only obtainable by those legally present in the U.S. Advocates argue that these changes are unlawful and should be rolled back.
Neha Desai, a managing director at the National Center for Youth Law, didn’t mince her words. “The government has dramatically increased the burden on families in a way that deeply undermines children’s safety. These policy changes are part of a broader unraveling of a bipartisan, decades-long commitment to support the best interests of unaccompanied children.”
Lawyers recount heart-wrenching stories of families who were on the cusp of reuniting with their children when the rules were abruptly shifted under their feet. Now, they’re trapped in a legal limbo, waiting for an uncertain future.
“The administration has reversed years of established children’s welfare protections and replaced them with fear, prolonged detention, and bureaucratic cruelty,” said Skye Perryman, president of Democracy Forward.
Consider this perspective for a moment. A Mexican mother who wished to remain anonymous for fear of deportation shared her ordeal. She and her 8-year-old son have been led to believe time and again that they would be reunited, only to see their hopes dashed by the new policy changes. Over the past 11 months, she has watched her son lose hope, even refusing to unpack his belongings after thinking his release was imminent.
The Trump administration insists it’s increasing scrutiny of sponsors before handing over custody of these children who crossed the border alone. The Department of Health and Human Services, however, has yet to respond to the lawsuit.
Similar restrictions were imposed in 2018 during the rollout of a zero-tolerance policy that separated families and required fingerprinting for all household members receiving a child. The administration scaled back these requirements after custody times increased.
The question that keeps bouncing around my mind is this: Are these changes truly in the best interests of the children? They are, after all, just children, caught in the crossfire of policies and politics.