A newly revealed federal government document shows that United States border officials are systematically pressuring unaccompanied children who arrive as undocumented immigrants to quickly agree to return to their home countries, even if they express fear for their safety.
Coercive Tactics Revealed in Official 'Advisal'
The document, termed an "advisal," is presented to children within their first few days in the US while they are still in the custody of US Customs and Border Protection (CBP). It warns that if they choose to seek a hearing with an immigration judge or indicate fear of returning, they face "prolonged" detention. It further threatens that their US-based family sponsor "may be arrested, prosecuted and deported" if undocumented, or prosecuted for aiding illegal entry.
The document emerged as an attachment in a court filing by immigration attorneys and is part of a lawsuit against the Department of Homeland Security (DHS). It was first reported by ProPublica in December. The policy was implemented earlier this year and confirmed in a 4 December letter from CBP Commissioner Rodney Scott to Senator Ron Wyden.
Senator Condemns 'Shockingly Coercive' Policy
Senator Ron Wyden, a Democrat from Oregon, has written to CBP demanding the abolition of what he calls "this cruel policy." In a letter shared exclusively with the Guardian, he accused the agency of "cynically exploiting" children's vulnerabilities to further the Trump administration's mass deportation agenda.
"The Advisal blatantly misrepresents the rights unaccompanied children are entitled to in order to coerce them into voluntarily departing," Wyden wrote on 8 December. He first raised concerns on 4 November following media reports.
Lisa Koop, National Director of Legal Services at the National Immigrant Justice Center (NIJC), which is involved in the lawsuit, called the document's incentives a "false carrot." It suggests children can apply for visas later if they leave now, but Koop states that for most, a future legal path is highly unlikely.
Exploiting Vulnerability Amidst Enforcement Escalation
The revelation comes as the Trump administration escalates enforcement operations targeting immigrant children. Tactics this year have included seeking out unaccompanied children for deportation, offering cash incentives to leave, and attempting rapid deportations of groups like Guatemalan children.
Typically, unaccompanied children are apprehended by CBP and held for up to 72 hours before transfer to the Office of Refugee Resettlement (ORR). The advisal is given while children are in CBP custody, often without legal assistance and sometimes with limited English comprehension. The document is provided in both English and Spanish.
A CBP spokesperson defended the advisal, stating it explains options under the law and helps protect children from smugglers and exploitation. "For many who were trafficked or coerced, returning home to their family is the safest path," the statement said.
It remains unclear how many children have been affected by this policy. The number of unaccompanied children arriving at the US-Mexico border has dropped significantly this year due to restrictive asylum policies.
