The Child Protection System Most People Don't Know Exists Is at Risk

When most people hear the phrase unaccompanied minor, they picture a child crossing the border alone.

Sometimes that's true.

But often, it's not.

Many of these children have fled violence, abuse, trafficking, or other dangerous circumstances. Others are trying to reunite with parents or close family members already living in the United States. Some arrive with an older sibling, an aunt, a grandparent, or another trusted adult. But because those adults are not their legal parent or guardian, U.S. law classifies them as "unaccompanied." From that moment forward, they enter one of the most complex legal systems in our country on their own.

And that's exactly why Congress created special protections for them.

In 2008, Congress overwhelmingly passed the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA), a bipartisan anti-trafficking law designed to better protect vulnerable children. Among its many provisions, the law strengthened protections for unaccompanied children by placing their care under the Office of Refugee Resettlement (ORR) and funding independent attorneys and social workers to help them safely navigate the immigration process.

Recently, Bri sat down with Jennifer Podkul, Chief of Global Policy and Advocacy at Kids in Need of Defense (KIND), to discuss what is happening as those long-standing protections are being rolled back and why thousands of vulnerable children could soon lose one of their most important safeguards.

How the system is supposed to work

When an unaccompanied child encounters Border Patrol, the immigration process begins immediately. But that's only one part of the government's responsibility.

"The government has two roles," explained Jennifer. "They have to do immigration enforcement, and they have to take care of kids."

That's where the Office of Refugee Resettlement (ORR) comes in. Rather than leaving children in Border Patrol custody or detention facilities, ORR is responsible for their care while their immigration cases move forward. The agency places children in licensed shelters, works to reunite them with safe sponsors, and has long funded attorneys and social workers to walk alongside them through the legal process.

Jennifer said Congress intentionally separated these responsibilities.

"They said, 'You over here do immigration enforcement, and you over here take care of them. Part of taking care of them is making sure they have an advocate to support them.'"

That advocate isn't there to guarantee a child stays in the United States.

Instead, they're there to make sure someone trained to work with vulnerable children can understand the child's story, determine whether they may have experienced trafficking or exploitation, and help ensure they're safely reunited with family in the United States or safely returned to their home country if that's the appropriate outcome.

“The whole idea was to make sure these kids are safe, that we have a fair way to get them through the system, and that they're screened for trafficking because we don't know if the person with them is a loving sibling or somebody dangerous,” Jennifer explained. “So let’s pause and get the kid to a safe place. Let's have an attorney screen them. Let's have a social worker screen them—people who know how to talk to kids in these situations—and really make sure this kid is safe and getting to someone who can care for them.”

These advocates aren't there to guarantee a particular immigration outcome. They're there to help uncover the truth and ensure a child isn't overlooked, exploited, or sent back into danger without anyone hearing their story.

Children are expected to navigate an adult legal system

Unlike criminal court, immigration court does not guarantee an attorney for people who cannot afford one, even if they are children. That means toddlers, elementary school students, and teenagers can be expected to appear before an immigration judge in proceedings designed for adults.

Jennifer described judges asking children to understand legal procedures, evidence, and court filings.

"It's crazy to think that a kid could do that on their own," she said. “What is a judge to do with a little kid who doesn't understand the proceedings? The judge and the prosecuting attorney from Homeland Security need that kid to have an attorney for this process to even work, for anyone to even be able to get to the bottom of a kid's story. It makes their job easier to dispose of these cases and make fair adjudications if a kid has somebody there helping them tell their story, make their applications, and go through this complex process. Because on top of it, these kids are going to the same court hearings adults do, right? Which is maddening to think about, that we have minor kids going through an adult immigration system and not being treated any differently.”

Bri has witnessed these hearings herself.

"KIND has taken me to court proceedings for unaccompanied children," she shared. "It is frightening to see the vast difference between a child who has representation and a child who does not."

Can you imagine your own child standing before a judge in a country where they don't speak the language, trying to answer complicated legal questions without a trusted adult beside them?

That is the reality many of these children face.

Why this moment matters

For more than two decades, Congress has funded legal representation for unaccompanied children through bipartisan support.

Now, that long-standing commitment is uncertain.

Jennifer explained that the government contract funding legal services for approximately 20,000 children was set to expire, leaving organizations across the country unsure whether they could continue representing the children they had already committed to serve.

Many nonprofit legal organizations have continued representing children for months despite not receiving payment, simply because they refuse to abandon the children in their care.

“This has created unbelievable anxiety for the over 100 organizations, like KIND, that are working for no pay,” she shared. “It's not just about organizational management; it's about what's going to happen to this child that we made a commitment to. We committed to this child through this traumatic, difficult process. Are we going to be able to fulfill our promise that they will have somebody standing by their side? We don't know. Is the government going to ask us to send these cases to different lawyers? Are they going to have no lawyers for the kids? We don't know. There are a lot of moving pieces. There's litigation around this. There have been disputes over back payment. This has really become a problem. But you know who loses at the end of the day is the kids. They're the ones that are really going to be suffering at the end of the day.”

Without legal representation, children risk appearing alone in immigration court, missing opportunities for protection, or being returned to dangerous circumstances before their stories are fully understood.

This isn't about politics. It's about protecting children.

Throughout the conversation, Bri returned to one important point.

"No one is arguing that immigration laws shouldn't exist," she said. "This is about making sure children have advocates who can get to the bottom of their stories."

Jennifer echoed that sentiment.

The government has two responsibilities, she explained. One is enforcing immigration law. The other is protecting vulnerable children. Those responsibilities can exist together.

Children deserve both.

What can we do?

Jennifer offered one clear action.

Call your members of Congress.

Ask them to ensure legal services continue for unaccompanied children and that organizations already providing these services receive the funding Congress has already approved.

It may feel like a small action, but Jennifer shared that congressional offices do pay attention when constituents call. Those conversations often become the reason lawmakers begin asking questions and exercising oversight.

As followers of Jesus, we are called to speak up for those who cannot speak for themselves.

Today, that includes children navigating an adult legal system without a parent, without a guardian, and potentially without an attorney.

Watch Bri's full conversation with Jennifer Podkul below to better understand what's happening and why this moment matters.

Then take five minutes to use your voice on behalf of children who cannot yet use theirs.