Markey, Merkley, Senate Colleagues Demand Answers from Trump Administration on Treatment of Unaccompanied Children

Recent events demonstrate Trump administration's deliberate attempts to target unaccompanied minors

Letter Text (PDF)

Washington, D.C. - Senators Edward J. Markey (D-Mass.) and Jeff Merkley (D-Ore.) today led a group of nine lawmakers in writing to Attorney General Pam Bondi, Secretary of Homeland Security Kristi Noem, Secretary of Health and Human Services Robert F. Kennedy Jr., Acting Director of Immigration and Customs Enforcement (ICE) Todd Lyons, and the Director of the Justice Department's Executive Office of Immigration Review Daren Margolin, urging the Trump administration to halt enforcement actions against minors and develop policies aimed at protecting them. The letter is cosigned by Senators Richard Blumenthal (D-Conn.), Martin Heinrich (D-N.M.), Jacky Rosen (D-Nev.), Angela Alsobrooks (D-Md.), Cory Booker (D-N.J.), Chris Van Hollen (D-Md.), Andy Kim (D-N.J.), Mazie Hirono (D-Hawaii.), and Bernie Sanders (I-Vt.).

In the letter, the senators wrote, "Due to the Administration's actions, immigrant children are being held in custody for substantially longer periods of time, including children never previously detained. Children released from ORR custody in January 2025 were held for an average of 37 days. In grave comparison, children released in August 2025 were held almost five times as long, for an average of 182 days. To make matters worse, the Administration has sought repeatedly to terminate the 1997 Flores Settlement Agreement, which sets minimum standards for the humane treatment of children in custody. It is unconscionable that this Administration believes that children belong behind bars and should be stripped of protections that ensure access to food, water, and other necessities while in detention."

The senators continued, "Unsurprisingly, this Administration is breaking records for the deportation of young children. In April 2025, more than 8,000 children age 11 or under received a removal order-the highest monthly number in over 35 years. And in the first six months of the Administration, nearly 15,000 children under the age of four were ordered deported. The vast majority of these children did not have legal representation."

The senators added, "Over the last year, the Administration has also launched an unprecedented attack on the sponsors and guardians of unaccompanied children. According to reporting, enforcement operations targeting parents and caretakers of immigrant kids have led to nearly 3,000 arrests. Instead of targeting violent criminals, the Administration appears to be using children as bait to easily locate and target family members and sponsors for deportation."

The senators concluded, "The Administration's actions paint a deeply troubling picture for the fate of immigrant children in our country. The DOJ, DHS, and HHS are intent on detaining and removing children from the country without regard for constitutional or statutory protections."

The senators request answers to the following questions no later than February 26, 2026:

1. Please provide any internal guidance, policy, or memorandum governing any changes in Office of Refugee Resettlement (ORR's) mission since January 2025.
2. Under what circumstances does DHS transfer unaccompanied children into ORR custody?
3. How many children has CBP transferred into ORR custody since January 2025? How many children has ICE transferred into ORR custody since January 2025?
4. Of the children that DHS has transferred into ORR custody since January 2025, how many were separated from a parent or legal guardian? How many children were removed from their sponsor's care due to the sponsor's immigration status?
5. How many individuals age 18 or younger has ORR detained in immigration custody since January 2025? How many individuals age 18 or younger has the Administration arrested in the interior of the country and placed in ORR custody since January 2025?

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