Migrant toddlers are being forced to represent themselves in U.S. immigration court, sometimes as young as 4 years old, without a parent, guardian, or attorney by their side.
The alarming practice, which legal experts call a violation of basic fairness, has become increasingly common following President Donald Trump administration’s termination of a key federal contract that once funded legal representation for unaccompanied minors.
Inside a virtual immigration courtroom in New York City recently, Judge Ubaid ul-Haq addressed a screen filled with confused, wide-eyed children—some appearing from shelters, others from foster homes.
“The reason we’re here is because the government of the United States wants you to leave the United States,” the judge told a group of about a dozen children during one session. “It’s my job to figure out if you have to leave.”
Judge ul-Haq noted that the number of unaccompanied children in her courtroom without a lawyer has risen from 30% to a staggering 60%.
Under U.S. immigration law, even minors are not entitled to court-appointed legal counsel.
They can hire a lawyer, but without free legal aid, many are left to face complex deportation proceedings alone. Experts and advocates say the system effectively forces toddlers to navigate legal arguments they cannot possibly understand.
The crisis worsened after a $200 million federal contract that previously provided legal aid to unaccompanied children was terminated during the Trump administration.
As a result, thousands of children are now at risk of being deported without ever having spoken to a lawyer.
Advocates say many of these children fled violence, poverty, or persecution in their home countries, and navigating immigration proceedings without legal guidance could send them back into harm’s way.
“The notion that a toddler can defend themselves in court is not just absurd—it’s cruel,” said a spokesperson from a legal advocacy group in New York. “We’re failing these kids at every level.”
Efforts to restore legal aid funding or provide universal representation for unaccompanied minors have stalled in Congress, leaving non-profit legal organizations and volunteers to try to fill the gap—often overwhelmed and underfunded.
