Attorneys across the United States have launched a coordinated legal effort to secure the release of unaccompanied migrant children held in extended federal custody under Trump administration immigration policies. The strategy involves filing habeas corpus petitions in federal courts, a tactic that advocates say is proving effective in winning children’s release.
According to tracking by the Acacia Center for Justice, there has been a significant increase in habeas petitions filed on behalf of unaccompanied minors since January 2025, with at least 72 such petitions identified across 16 federal district court jurisdictions. Researchers found that in cases where outcomes were determined, approximately 98 percent resulted in the child’s release from custody. In some instances, the administration has reportedly backed down before court hearings occurred.
The effort, called the Children’s Due Process Project, is being co-managed by organizations including the Immigration and Human Rights Clinic at Loyola University Chicago School of Law, the National Center for Youth Law, Acacia Center for Justice, and The Door. Participating attorneys, drawn from roughly one hundred legal organizations, law firms, and individual practitioners, are providing representation without charge.
Under federal statute and regulations, unaccompanied children entering the United States are required to be promptly placed in the least restrictive setting in their best interest while their cases proceed. Advocates argue that the current administration’s practice of maintaining extended custody for these children violates constitutional requirements and established policy. The administration maintains that its enforcement actions are necessary components of immigration policy implementation.
Recent changes in government practice have included modifications to legal representation arrangements for these children. Democratic senators have objected to proposed changes involving HHS attorney representation, arguing that the arrangement would create conflicts of interest given the agencies’ role in enforcement.
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