Independent experts alarmed by child rights violations in US immigration procedures

Thousands of children remain in custody without access to legal counsel; a situation the experts warn is forcing minors to navigate complex immigration proceedings alone and undermining their fundamental rights.  

The three Special Rapporteurs, appointed by the UN Human Rights Council, said they are in contact with the US Government on the issue. 

Duty to care 

They explained that under the 2008 Trafficking Victims Protection Reauthorization Act (TVPRA), the US Office of Refugee Resettlement is responsible for the care and custody of unaccompanied children.  

The law requires the Department of Homeland Security (DHS) to protect children from mistreatment, exploitation and trafficking in persons.  

It also guarantees that unaccompanied children in federal custody have access to legal counsel and should not be subjected to expedited removal – that is, deportation without a court hearing. 

Legal support ended 

The experts noted, however, that on 18 February 2025, the US Department of the Interior ordered nonprofit legal service providers to halt work and ended funding for attorneys representing unaccompanied children.  

Although the development has been challenged in the courts, many of the 26,000 affected children lost legal counsel and remain at risk of forced removal.  

Reports indicate that young migrants are being held in windowless cells, denied adequate medical care and separated from their parents or caregivers for long periods. 

In fact, between January and August 2025, average custody time rose from roughly one month to six, while releases to family caregivers dropped by more than half: from approximately 95 per cent to 45 per cent. 

Pressured or paid to self-deport 

“There have been consistent accounts of unlawful deportations of unaccompanied children, in breach of the obligation of non-refoulement, including child victims of trafficking, and children at risk of trafficking in persons,” the independent experts said.  

Children have been reportedly pressured to either accept a $2,500 cash payment to self-deport or face indefinite detention and transfer to US Immigration and Customs Enforcement (ICE) custody upon turning 18. 

 The experts stressed that children should have access to administrative and judicial remedies against decisions affecting their own situation, or that of their parents or caregivers. 

Measures should be taken also to avoid undue procedural delays that could negatively affect their rights. 

 “Expedited proceedings should only be pursued when they are consistent with the child’s best interests and without restricting any due process guarantees,” they said. 

Independent voices 

The three Special Rapporteurs receive separate mandates from the UN Human Rights Council to report on trafficking in persons, especially women and children; the human rights of migrants, and the independence of judges and lawyers. 

They are not UN staff and do not receive payment for their work. 

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Scam centres are a ‘human rights crisis’, independent experts warn

It’s believed that hundreds of thousands of trafficked individuals of various nationalities are forced to carry out fraud in the centres located across Cambodia, Myanmar, Laos, the Philippines and Malaysia.

The situation has reached the level of a humanitarian and human rights crisis,” said right experts Tomoya Obokata, Siobhán Mullally and Vitit Muntarbhorn. They stressed that thousands of released victims remain stranded in inhumane conditions at the Myanmar-Thailand border.

The underground operations are often linked to criminal networks that recruit victims globally, putting them to work in facilities principally in Cambodia, Myanmar, Laos, the Philippines and Malaysia.  

Many victims are kidnapped and sold to other fraudulent operations, said the rights experts who are known as Special Rapporteurs, reporting to the Human Rights Council. They are not UN staff and work in an independent capacity.

They noted that workers are not freed unless a ransom is paid by their families and that if they try to escape, they are often tortured or killed with total impunity and with corrupt government officials complicit.  

“Once trafficked, victims are deprived of their liberty and subjected to torture, ill treatment, severe violence and abuse including beatings, electrocution, solitary confinement and sexual violence,” the Special Rapporteurs said.

‘Address the drivers of cyber-criminality’

The rights experts added that access to food and clean water is limited and that living conditions are often cramped and unsanitary.

The experts urged Southeast Asian countries, as well as the countries of origin of the trafficked workers, to provide help more quickly and increase efforts to protect victims and prevent the scams from taking place.  

This should include efforts that “go beyond surface-level public awareness campaigns” and which address the drivers of forced cyber-criminality – poverty, lack of access to reasonable work conditions, education and healthcare.

Other recommendations to governments included addressing the insufficient regular migration options that push people into the arms of people traffickers.

Tomoya Obokata, Special Rapporteur on contemporary forms of slavery, including its causes and consequences; Siobhán Mullally, Special Rapporteur on trafficking in persons, and Vitit Muntarbhorn, Special Rapporteur on the situation of human rights in Cambodia, are neither staff members of the UN nor paid by the global organization. 

Proliferation of scam farms post-pandemic

The dark inner workings of scam farms were revealed in a UN News investigation last year which found that they had proliferated following the COVID-19 pandemic.

“Southeast Asia is the ground zero for the global scamming industry,” said Benedikt Hofmann, from the UN agency to combat drugs and crime, UNODC

“Transnational organised criminal groups that are based in this region are masterminding these operations and profiting most from them,” said Mr. Hofmann, Deputy Regional Representative for Southeast Asia and the Pacific, at a Philippines scam farm that was shut down by the authorities in March 2024. 

When UN News gained access to the compound, it was found to have housed 700 workers who were “basically fenced off from the outside world,” Mr. Hofmann explained.

“All their daily necessities are met. There are restaurants, dormitories, barbershops and even a karaoke bar. So, people don’t actually have to leave and can stay here for months.” 

Escaping was a near-impossible task and came at a hefty price.

“Some have been tortured and been subjected to unimaginable violence on a daily basis as punishment for wanting to leave or for failing to reach their daily quota in terms of money scammed from victims,” the UNODC official insisted.

“There are multiple types of victims, the people who are being scammed around the world, but also the people who are trafficked here held against their will and who are exposed to violence.” 

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