Dec 7, 2025

Court Blocks Policy to Detain Migrant Children Upon Turning 18

5 October, 2025, 6:39 am

A federal court in the United States has temporarily blocked a new policy from the Trump administration that would have sent migrant children to adult detention facilities once they turn 18.

U.S. District Judge Rudolph Contreras issued a temporary restraining order on Saturday, ruling that the policy contradicts his 2021 order. That order required that minors turning 18 be released to the “least restrictive setting” available, as long as they posed no danger to themselves or others and were not considered a flight risk.

Lawyers reported that in recent days, ICE had instructed shelters that children approaching their 18th birthday would no longer be released according to previously approved plans, but instead transferred directly to adult detention centers. Legal advocates warned that this policy could cause long-term mental and social harm, particularly for children who have been victims of trafficking, abuse, or neglect.

Since October 2021, U.S. border authorities have detained more than 400,000 unaccompanied children. Under the Trump administration’s policy, children are first placed in shelters run by the Department of Health and Human Services, where the new rules had introduced stricter procedures, including fingerprinting, DNA testing, and home visits.

Legal and human rights groups say these measures are primarily intended to pressure children and restrict their right to seek protection in the United States. ICE and the Department of Homeland Security have not yet commented on the ruling.