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Lawsuit Challenges “Assembly-Line” Asylum Process for Migrant Children

Oct 16, 2026
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Lawsuit Challenges “Assembly-Line” Asylum Process for Migrant Children
A coalition of legal-aid nonprofits led by Kids in Need of Defense, Immigrant Defenders Law Center and RAICES filed suit late Thursday in the U.S. District Court for the District of Columbia accusing the Trump administration of turning the children’s asylum docket into a “deportation assembly line.” The complaint cites a series of policy memoranda issued since August that, taken together, reduce advance notice of asylum interviews to as little as 24 hours, require immigration judges to finish all detained children’s cases by 31 January 2027 and sharply limit continuances. Advocates say those changes violate the Trafficking Victims Protection Reauthorization Act, which guarantees unaccompanied minors special protections and the opportunity to obtain counsel. The plaintiffs argue that the government’s own data show more than 70 percent of unaccompanied children lack legal representation at the time of their first hearing and that accelerated timelines virtually guarantee in-absentia removal orders. Under the previous docketing practice, cases for children in ORR shelters moved in roughly nine-month increments; under the new docket, some are reaching merits hearings in under six weeks. The complaint seeks a nationwide injunction returning to the prior timelines and reinstating a minimum 30-day notice period for interviews. For employers, the case highlights a growing compliance risk: hundreds of minors are ageing out of ORR custody and appearing in the workforce with removal orders that may later be vacated. Businesses who enroll such individuals in E-Verify or Form I-9 reverification can face “knowingly hiring” penalties if the underlying orders are upheld. Counsel are advising multinational companies with large DACA or DREAMer-eligible populations to audit onboarding procedures and ensure referral to qualified immigration counsel where appropriate. Should the plaintiffs prevail, thousands of removal orders issued since August could be reopened, creating a surge of motions to reopen and potential employment eligibility questions. Conversely, if the government’s timeline survives judicial scrutiny, corporations that rely on entry-level labor in agriculture, hospitality and elder care may find a shrinking labor pool as more teenagers are removed. The court has ordered the government to reply within 10 days, setting up a potential preliminary-injunction hearing before the end of October. Until then, attorneys recommend documenting every interview request, tracking notice periods and demanding continuances on the record when preparation time is inadequate.
Source: ABC News

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