Practice Resources

Practice Alert: ICE Operation Targeting Minors

10/15/25 AILA Doc. No. 25100331. Unaccompanied Children

Update 10/15/25

Government agencies are asking unaccompanied children to sign a form declaration that waives various fundamental rights and legal protections, and could subject them to future criminal prosecution, as a condition of accepting voluntary departure.

The agencies are using two versions of this form declaration, one of which is labeled “Addendum to Form I-210—Alien Declaration.” AILA has transcribed the verbatim text of both versions. Note there are important differences between the two versions and the consequences that may result from signing. While we know these forms have been given to some minors we do not know how widely they are being used or if DHS and ORR are using just one or both forms. The agency has not confirmed it.

Unaccompanied children should not sign this form without having an attorney review the documents and receiving legal counsel on how to proceed.

Update 10/4/25

On October 4, the American Immigration Council and the National Immigrant Justice Center (NIJC) filed an emergency motion seeking to enforce a 2021 court ruling that prevents ICE from illegally detaining unaccompanied immigrant children in adult detention centers once they turn 18. The U.S. District Court for the District of Columbia granted the motion. (Garcia Ramirez, et al., v. ICE, et al., 10/4/25)

According to Politico, the ruling came just a day after ICE quietly rolled out a related policy to grant minors $2,500 if they agreed to leave the United States and withdraw their claims in immigration court. In their court filing, the Council and NIJC alleged that ICE had informed field offices that age-outs should immediately and indefinitely be sent to adult detention centers. Michelle Lapointe, Legal Director at the Council, told Politico, "It's clear they're testing out several policies of dubious legality—or clearly illegal in the case of the policy referenced in our lawsuit—and seeing what sticks."

AILA received information from trusted sources that ICE was going to launch a nationwide operation on Friday October 3 to target unaccompanied children of all nationalities aged 14 and older. Here is what we know:

  • CNN and Intercept have reported that HHS sent a notice to legal service providers about an offer it is making to children to accept money in order to return to their countries. The stories did not report that HHS or ICE had used coercive language or tactics AILA initially had heard would be part of the operation.
    • The HHS email indicates that HHS and DHS are working together to encourage children to leave by offering them $2,500 to return to their countries of origin and is only offered to individuals in ORR custody who are not citizens of Mexico.
    • If the child agrees to the stipend, DHS will issue a I-210 addendum declaration for the child to sign.
  • Original reports indicated that children detained and released will be served a “threat” letter from ICE threatening indefinite detention and immediate transfer to ICE upon age-out if they do not waive jurisdiction under the Trafficking Victims Protection Reauthorization Act (TVPRA) and withdraw applications for relief, including withdrawing their request for admission with EOIR.  Initial reports also indicated:
    • If children do not comply with the “offer,” the letter may indicate their parents/family living in the U.S. will be arrested.
    • ICE plans to detain all age-outs, and they anticipate legal challenges.
    • It is possible that the age threshold for this threat letter may be lowered to children 10 years old and older.
    • Aside from the already existing ICE enforcement actions, ICE will potentially first target detained children but will also focus on children released from custody. Children 17+ are at heightened risk of being targeted, whether released or detained.
    • As of 10/03/2025 5:00 PM ET, AILA has not heard of an unaccompanied child receiving this type of threat letter.

AILA will provide more information as the situation develops.
 

Some private and non-profit legal service providers have suggested the following steps:  

  • Consider advising children, whether in custody or released about the possibility of receiving a letter and to immediately notify their attorney if they receive a letter.
  • Provide Know Your Rights (KYR) presentations to all children and/or their guardians you are working with as soon as practicable, advising them of this plan and their right not to sign anything without consulting their attorney. 
  • Sign G-28 and L-3 forms for all children, whether in custody or released from custody, as capacity allows. If the child is in the care and custody of ORR, file your L-3 with the FFS, Program Director, Case Manager, asking you to be notified of ICE enforcement actions, including the delivery/service of the “threat letter.”
  • If a child receives a letter, consider the following:
    • Sending an email to the UC Ombudsman, UAC.Ombuds@acf.hhs.gov
    • Sending an email to the FOJC and OPLA
    • Sending an email to the FFS and Program Director
    • Obtain release for advocacy, i.e. sharing case information with media, agency stakeholders, potential class counsel.
    • Preparing a declaration that particularly highlights the following, which may help litigators challenge this practice:
      • The manner in which the ICE letter was delivered (Was counsel present and able to advise? Was the child able to ask questions? Etc.).
      • Evidence of coercion or intimidation.
      • The underlying fear of return elements related to child’s relief application. 


Clients Approaching their 18th Birthday

The Garcia Ramirezpermanent injunction requires ICE to comply with the age-out protections in 8 U.S.C. § 1232(c)(2)(B) by considering “placement in the least restrictive setting available” and ensuring those young people are eligible for alternatives to detention.

The American Immigration Council and National Immigrant Justice Center are class counsel in Garcia Ramirez and are monitoring for violations of the permanent injunction in that case arising from this new operation. If attorneys have clients in ORR custody who are approaching their 18th birthday and who are now threatened with ICE detention, they should contact clearinghouse@immcouncil.org and litigation@immigrantjustice.org.


Clients Impacted by LGML or JOP Litigation
In L.G.M.L. et al. v. Kristi Noem, et al., a federal district court for the District of Columbia issued an injunction barring the government from removing Guatemalan children in ORR custody without due process. Nonetheless, it is possible L.G.M.L. class members may still be issued a “threat letter.” It is unclear whether the class action protections will remain in place if a child signs the letter.
 
On November 25, 2024, the U.S. District Court for the District of Maryland granted final approval of the settlement agreement reached by the parties in J.O.P. v. DHS, No. 8:19-CV-01944-SAG (D. Md.). The settlement prevents DHS from removing J.O.P. class members. It is possible J.O.P.  class members may still be issued a “threat letter.” Whether the class action protections would remain operative if a child signs the letter is unknown.

 

Potential Impact of H.R. 1
Whether (and how) the July 2025 bill H.R. 1 impacts the Flores settlement is an open question that will likely need to be decided in court.
 

If you have think your clients may be affected by this operation, please report it to the ICE committee through the “Report a Trend” form linked here.


 


Special thanks to the following AILA ICE and Asylum committee members for their contributions.