425,000 Migrant Children Face Deportation Courts Without Counsel

​WASHINGTON — Hundreds of thousands of immigrant children are navigating the complexities of the U.S. deportation system entirely on their own, as new federal data reveals a staggering 57% of minors with pending removal cases are forced to represent themselves in court.

​The figures, analyzed by the Vera Institute of Justice and reported by Drop Site News, underscore a deepening crisis for the approximately 425,093 children currently facing deportation proceedings without the aid of an attorney. Legal advocates warn that for these minors, the lack of counsel is not merely a procedural disadvantage, but a significant barrier to their due process.

​“The scale is alarming,” said Neil Agarwal, a principal data scientist at the Vera Institute of Justice.

​The surge in unrepresented children occurs against a backdrop of intensified immigration enforcement under the Trump administration. Immigration court data for fiscal year 2026 shows that as of May, the total backlog of active cases has swelled to more than 3.2 million, with deportation orders issued in the vast majority of completed cases. According to TRACreports, only about 27.7% of all immigrants in removal proceedings had legal representation when a deportation order was issued this year.

ADVERTISEMENT

​The Department of Homeland Security (DHS) has contested the characterization that these children lack access to legal resources. A spokesperson for the agency maintained that ICE provides individuals with lists of free or low-cost legal aid and ensures that those in detention can contact counsel via telephone.

​DHS officials pivoted to what they described as a broader humanitarian issue, pointing to the legacy of the previous administration. The department highlighted that under President Trump and Secretary of Homeland Security Sean Mullin, federal authorities have successfully located 146,000 of the roughly 450,000 unaccompanied children who entered the country during the Biden administration. The administration has repeatedly alleged that many of these children were placed with unvetted sponsors, leaving them vulnerable to labor trafficking and exploitation.

​However, the legal landscape for immigrant youth has grown increasingly precarious throughout 2026. In March, the Board of Immigration Appeals (BIA) ruled that Special Immigrant Juvenile Status (SIJS)—a pathway for children who have been abused, abandoned, or neglected—was too “speculative” to justify delaying court proceedings. This decision has put thousands of vulnerable children at imminent risk of deportation. Furthermore, in May, the administration ended a deferred action program that had provided temporary protections and work authorization to many of these same youth.

​Critics argue that the current judicial environment—often characterized by “mega-master” hearings where dozens of children are processed simultaneously—precludes meaningful legal defense. With federal funding for nonprofit legal services for unaccompanied minors effectively halted or tied up in legal challenges since early 2025, advocates say the current system is leaving children to face life-altering judicial outcomes without a basic advocate in their corner.