Resources on Unaccompanied Children

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BIA Issues Decision About Jurisdiction Over an Asylum Applicant Who Had Previously Been Determined to be an “Unaccompanied Alien Child”

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On Oct. 16, 2018, the Board of Immigration Appeals (BIA) issued a precedent decision holding that an immigration judge (IJ) has initial jurisdiction over an asylum application filed by a respondent previously determined to be an “unaccompanied alien child” who turns 18 before filing the asylum application, in Matter of M-A-C-O-, 27 I&N Dec. 477 (BIA 2018).

Children's Issues, Unaccompanied Children, Asylum and Refugee Law, Removal Proceedings

Fact Sheet: Immigration Court Considerations for Unaccompanied Children Who File for Asylum with USCIS While in Removal Proceedings, in Light of J.O.P. v. DHS, No. 19-01944 (D. Md. filed July 1, 2019)

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This fact sheet provides a brief overview of how practitioners can navigate immigration court proceedings for unaccompanied child clients pursuing initial asylum jurisdiction with U.S. Citizenship and Immigration Services.

Asylum and Refugee Law, Unaccompanied Children, Removal Proceedings

11/21/2017 EOIR FOIA Disclosures on Unaccompanied Children

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Legal Opinion re: EOIR’s Authority to Interpret the Term Unaccompanied Alien Child for Purposes of Applying Certain Provisions of TVPRA

Unaccompanied Children

A Practice Advisory on Strategies to Combat Government Efforts to Terminate Unaccompanied Children Determinations (May 2017)

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This practice advisory is intended to educate advocates on important unaccompanied child protections and assist them with starting-point strategies for combating Department of Homeland Security efforts to strip vulnerable children of protections afforded to them as unaccompanied children.

Children's Issues, Unaccompanied Children

Fact Sheet for Proposed Sponsors of Unaccompanied Children

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Considering sponsoring a child out of federal immigration custody? This fact sheet gives some information about the risks of this process and where to find more resources.

Unaccompanied Children, Family Separation

New USCIS memo denies access to non-adversarial affirmative asylum procedures for many vulnerable children

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IMPORTANT LEGAL UPDATE: On July 1, 2019, CLINIC and other partners brought a lawsuit challenging the legality of this memo, and as a result, a federal district judge has issued a preliminary injunction prohibiting USCIS from applying this memo while the lawsuit is ongoing. JOP v. DHS, No. 19-1944 (D. Md.). For more information about that lawsuit, see CLINIC's JOP v.

Unaccompanied Children, USCIS Policy and Procedure

EOIR revises guidance on immigration court cases involving juveniles

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On December 20, 2017, the Executive Office for Immigration Review (EOIR) issued Operating Polices and Procedures Memorandum (OPPM) 17-03: Guidelines for Immigration Court Cases Involving Juveniles, Including Unaccompanied Alien Children. This OPPM rescinds and replaces OPPM 07-01, Guidelines for Immigration Court Cases Involving Unaccompanied Alien Children, which had been in effect since May 22, 2007.

Children's Issues, Unaccompanied Children

Immigration Judges’ Authority to Review “Unaccompanied Alien Child” (UAC) Determinations

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In September 2017, an Executive Office for Immigration Review (EOIR) memorandum was circulated on various listservs. The memo is dated September 19, 2017 and is addressed to James R. McHenry III, the acting director of EOIR, from Jean King, General Counsel.

Children's Issues, Unaccompanied Children