Federal Judge Rules Against Trump Policy of Detaining Migrant Children

Court orders review of migrant children’s cases, citing unfair Trump-era rules.

WASHINGTON — A federal judge has ordered the U.S. Office of Refugee Resettlement to reconsider cases of unaccompanied migrant children held in government custody due to stringent Trump-era sponsor identification rules, marking a significant step toward family reunification.

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U.S. District Judge Dabney Friedrich in Washington, D.C., ruled Monday that the Trump administration’s policies, which imposed restrictive documentation and income requirements for potential sponsors, caused excessive delays for children seeking to join family members. The decision in the case, Angelica S. v. HHS, certifies a class of unaccompanied children and blocks the application of these rules for those who entered custody on or before April 22.

The Trump administration’s regulations, which include DNA testing, income verification, and a prohibition on using foreign passports for identity proof, have led to children spending an average of 217 days in shelters before release to sponsors, according to Health and Human Services Department data. In contrast, during the Biden administration, children spent an average of 35 days in custody.