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Reading: Lawsuit Challenges New Trump-Era Rules Delaying Reunification of Migrant Children in US Custody
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Westferry Times > World > World > Lawsuit Challenges New Trump-Era Rules Delaying Reunification of Migrant Children in US Custody
World

Lawsuit Challenges New Trump-Era Rules Delaying Reunification of Migrant Children in US Custody

Mona Porwal
By Mona Porwal Published May 9, 2025
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Two prominent advocacy groups have launched a federal legal challenge against the Trump administration’s latest policy changes regarding the reunification of unaccompanied migrant children with their families or sponsors in the United States. Filed on Thursday in a District of Columbia court, the lawsuit argues that the revised procedures have led to prolonged separations, causing unnecessary distress to vulnerable children and their families.

The lawsuit, brought by the National Center for Youth Law and Democracy Forward, specifically targets the U.S. Department of Health and Human Services (HHS) and its Office of Refugee Resettlement (ORR). The plaintiffs seek an immediate halt to the new vetting requirements and a return to the previous procedures, which they argue were more humane and efficient in reuniting children with their loved ones.

Under changes introduced in february, and further tightened in march and april, the Trump administration began requiring additional documentation from prospective sponsors, including government-issued identification and proof of income that are typically only accessible to those legally residing in the U.S. Critics argue that these requirements are both punitive and unrealistic for many undocumented family members, effectively barring them from taking custody of their children.

“The government has dramatically increased the burden on families in a way that deeply undermines children’s safety,” said Neha Desai, a managing director at the national center for youth Law. “These policy changes are part of a broader unraveling of a bi-partisan, decades-long commitment to support the best interests of unaccompanied children.”

Data from the federal government shows the real-world impact of these changes: the average length of stay for children in government custody rose from 37 days in January to over 112 days by March. Advocates contend that the delays are unnecessary and damaging, particularly to young children.

Skye Perryman, president of Democracy Forward, condemned the new rules in a statement: “The administration has reversed years of established children’s welfare protections and replaced them with fear, prolonged detention, and bureaucratic cruelty.”

The emotional toll is evident in the stories of affected families. One Mexican mother, who requested anonymity due to fears of deportation, described how her 8-year-old son—still in federal custody after nearly a year—had repeatedly been promised release, only for it to be postponed each time due to new policy changes. “He’s seen so many children who have come, leave, and he’s stayed behind,” she said, noting that her son had even stopped unpacking his belongings in anticipation of yet another cancelled reunion.

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Lawyers involved in the case say they have heard numerous similar stories, with families preparing for reunification only to find the process halted or delayed without notice. Many now wait in limbo, uncertain when or if they will see their children again.

The Trump administration has defended the tighter restrictions, arguing that they are essential for verifying the suitability of sponsors before children are released from federal custody. However, no comment was immediately provided by HHS in response to the lawsuit, despite repeated inquiries from the Associated Press.

This legal challenge echoes the backlash seen during Trump’s previous term, when similar vetting measures—introduced under the widely criticised “zero tolerance” policy—resulted in widespread family separations and increased detention times. After public outcry and legal pressure, those policies were eventually rolled back.

Now, advocates fear history is repeating itself. The lawsuit aims to prevent further harm and urges the court to restore policies that prioritise the best interests and wellbeing of children. The outcome could have significant implications for thousands of migrant families currently navigating the complexities of the U.S. immigration system.

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