A bill designed to expand legal protections and court-ordered support services for unaccompanied immigrant children in Illinois is headed to the governor’s desk after passing the state Senate this week.
The legislation, led by Cristina Castro, seeks to create a clearer legal pathway for immigrant children in federal custody to access Illinois courts and receive critical services after experiencing abuse, neglect or abandonment.
“Children, no matter where they are from, deserve access to these comprehensive resources,” Castro, a Democrat from Elgin, said in a statement. “Given the harm they have endured, it is morally right to let them know that help is always there for them.”
Under current law, immigrant children in Illinois may pursue protections through custody or guardianship petitions. However, children held in federal immigration custody often face legal obstacles preventing them from accessing those protections while detained.
House Bill 4890 would specifically allow children in the custody of the Office of Refugee Resettlement to seek court-ordered services when filing dependency petitions tied to abuse, neglect or abandonment by one or both parents.
The legislation also aims to strengthen access to Special Immigrant Juvenile Status-related protections, a legal classification available to certain undocumented minors who have experienced parental abuse, neglect or abandonment.
According to lawmakers supporting the measure, many unaccompanied immigrant children currently remain in federal detention facilities for extended periods while navigating immigration proceedings.
Supporters of the bill noted that although the number of children housed in federal shelters has declined in recent years, the average length of detention has reportedly more than tripled between 2015 and 2025.
Castro criticized the prolonged detention of immigrant youth, arguing the practice causes both physical and psychological harm while limiting access to legal remedies and social support systems.
“Children should never have to pay for the decisions made by others,” Castro said. “Providing protection for the most vulnerable in our society should be at the forefront of our policymaking.”
If signed into law, the measure would also allow courts to authorize psychological, educational, medical and social services deemed necessary for children under dependency proceedings, with supporters arguing the change could improve long-term mental and physical health outcomes.
The proposal passed the Illinois Senate on Tuesday and now awaits final approval from the governor.
Immigrant rights advocates and child welfare organizations have increasingly pushed states to expand protections for unaccompanied minors amid ongoing national debates over immigration detention policies and the treatment of migrant children within the federal system.
