Hickenlooper, Bennet, Cortez Masto, Colleagues Introduce Bill to Protect Unaccompanied Migrant Children, Reverse Republicans’ Fees on Children Seeking Asylum

Trump's Big Ugly Betrayal Act imposes a $5,000 fee for children seeking asylum as well as annual fees while their cases are reviewed

WASHINGTON - U.S. Senators John Hickenlooper, Michael Bennet, Catherine Cortez Masto, and 19 of their Senate Democratic colleagues introduced the Upholding Protections for Unaccompanied Children Act to reverse the provisions in Trump's Big Bad Betrayal Act that cruelly punish children seeking safety from trafficking, abuse, and exploitation in their home countries.

"MAGA Republicans created new fees and recurring charges for unaccompanied children fleeing violence as their cases are stuck being processed," said Hickenlooper. "It's a betrayal to our original promise of justice and freedom. We're working to stop it."

"All too often, our immigration system fails to protect unaccompanied migrant children seeking asylum," said Bennet. "This legislation will protect unaccompanied children fleeing violence by reversing cruel provisions in Republicans' Big Beautiful Bill. I won't stop pushing the Trump Administration to ensure that these children are treated with the respect and dignity they deserve."

"As members of Congress, it's our duty to stand up for those who can't stand up for themselves," said Cortez Masto. "That includes the unaccompanied children who come to the United States after escaping trafficking and abuse. It's essential that we reverse the Republican tax law's cruel provisions and protect these kids."

This summer, Trump and congressional Republicans jammed through their Big Bad Betrayal Act which cuts $1 trillion from Medicaid and the Affordable Care Act to pay for his huge tax cuts for the richest Americans and largest corporations.

Their reckless bill also imposed a new $5,000 Border Apprehension Fee on any child who arrives to the U.S. between ports of entry while also requiring children to pay a mandatory asylum application fee and new annual asylum maintenance fees for every year their case remains pending in the government's yearslong backlog. For children fleeing human trafficking and extreme violence, these fees are often impossible to pay.

Republicans' Big Bad Betrayal Act also provides funding for intrusive body examinations of minors who are often the victims of abuse and trafficking and provides funding for deporting unaccompanied children who have not been screened for signs of trafficking or allowed a full review of their case before an immigration judge.

To reverse these provisions and protect unaccompanied children, the Upholding Protections for Unaccompanied Children Act would:

• Exempt unaccompanied children from the following fees:
  • Asylum fee, employment authorization document fee, annual asylum fee, employment authorization renewal fees, and others

• Repeals the Special Immigrant Juvenile Status fee.

• Repeals provision that funds summary returns of "specified" unaccompanied children.

• Repeals funding in the reconciliation bill for body examinations of children in Customs and Border Protection or Office of Refugee Resettlement (ORR) custody.

• Prohibits ORR from sharing sponsor information with DHS or any other federal agency for the purpose of immigration enforcement.

• Refund of fees that have been paid under any of the provisions that have been repealed or amended under this bill.

Hickenlooper has consistently pushed back on the Trump administration's reckless efforts to undermine due process, slow the already backlogged immigration system, and obstruct congressional oversight of ICE detention facilities. This week, he launched an inquiry into the Department of Homeland Security's (DHS) obstruction of congressional oversight of ICE facilities. He also recently urged DHS Secretary Noem to release a Durango father and two children from ICE custody after they reported being physically abused while in ICE detention. Despite having active asylum claims and no criminal record, DHS refused to release them.

In August, Hickenlooper visited the ICE detention center in Aurora to perform routine oversight and push for more transparency from ICE. During the visit, he raised concerns with ICE officials regarding delayed communication with congressional offices, irregular process changes, reports of ICE pressuring detainees to voluntarily depart instead of proceeding through a judicial process, and facility conditions. ICE failed to give satisfactory answers.

This spring, Hickenlooper helped introduce the Fair Day in Court for Kids Act of 2025 to guarantee unaccompanied children get legal counsel, after the Trump administration cut off funding for required services under the Trafficking Victims Protection Reauthorization Act and began fast-tracking kids into immigration proceedings.

Hickenlooper cosponsors the Immigration Enforcement Identification Act to increase transparency, accountability, and safety in immigration law enforcement. This bill prohibits law enforcement officers from obscuring their faces and requires that they clearly display their agency, name, and a unique identifier while conducting immigration enforcement functions.

In July, Hickenlooper joined 22 of his Senate colleagues to call out the Trump administration's recent efforts to arrest noncriminal immigrants at their immigration court hearings and deport them without adequate due process. In April, Hickenlooper joined 65 other members of Congress to urge Attorney General Pam Bondi to address the impact of the Executive Office for Immigration Review's (EOIR) alarming decision to fire key judges as the immigration system faces a staggering backlog of cases.

Full text of the legislation available HERE.

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