Children Deserve Protection, Not Midnight Deportations
By: Lori L. Cohen, PACT CEO
Crying, gasping for breath, vomiting from overwhelming terror, 76 Guatemalan children—some as young as three—were roused in the middle of the night and loaded onto an airplane like bulk cargo over Labor Day weekend. Already traumatized by violence and trafficking in their home country, they were seeking safety in the United States. These children were spared only thanks to the quick actions of their legal counsel and a federal judge awakened at 2:30 am, who halted this charade executed in the name of keeping America safe.
This clandestine deportation effort is not only cruel; it is a violation of international law. In 2002, the United States ratified the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC), committing to protect vulnerable children and ensure their recovery. Additionally, since 2000, Congress has passed a series of robust laws to ensure the safety of trafficking victims regardless of their immigration status. Bundling kids onto a plane without allowing them to seek legal protections, and without safety plans to ensure they will not be re-trafficked, directly violates our international obligations and contravenes a quarter century of U.S. policy.
While the current administration is seeking to cancel funding for legal representation of unaccompanied immigrant children, the government’s aborted airlift is perhaps the most high profile example of the life-saving role that attorneys hold to keep children safe, but it is not unique. A recent news article recounted that a judge rescheduled a 14-year-old’s removal hearing to speak with counsel when the child said he wanted to return home. Appearing again with an attorney’s help, the boy revealed traffickers were pressuring him to go back so they could regain control. Access to counsel saved him from being re-exploited and allowed him to pursue protection under the law.
The United States has both a moral and legal obligation to protect children in its care. We urge U.S. policymakers to:
Guarantee children due process, legal counsel, and full judicial review before removal;
Uphold the Flores Settlement Agreement, which sets national standards for the treatment and release of unaccompanied immigrant children in federal custody, including safe conditions, prompt release to a sponsor, and limits on detention time;
Screen unaccompanied minors for trafficking by qualified experts and provide access to immigration relief and comprehensive services when exploitation is identified;
Prioritize U.S. obligations under the OPSC across both federal and state practices, ensuring international law is respected;
Fully resource the Office to Monitor and Combat Trafficking in Persons which plays a critical role in protecting vulnerable populations, including LGBTQ+ children.
Children are not contraband to be smuggled out of this country under cover of darkness. They are human beings—each with rights, hopes, and futures worth protecting.