Three additional children join lawsuit challenging HHS’ 'paperwork barrier' that keeps immigrant youth separated from family

Class-action suit alleges HHS policies illegally prolong detention of unaccompanied children

WASHINGTON, D.C. — Three more immigrant children detained in federal government custody have joined a class-action lawsuit challenging harmful U.S. Department of Health and Human Services (HHS) policies that unlawfully keep children in detention despite having family members ready and willing to care for them.

The young plaintiffs joined Angelica S. v. HHS — a federal lawsuit brought on behalf of several immigrant youth and the Immigrant Defenders Law Center — which seeks to block Trump administration policies that disqualify parents, siblings, and other family members from sponsoring unaccompanied children simply because of their immigration status or lack of specific documentation — policies that have kept children in custody away from their families for extended lengths of time. They are represented by the National Center for Youth Law (NCYL) and Democracy Forward.

"Every day this policy remains in effect, children are kept away from their loved ones without cause," said Mishan Wroe, Directing Attorney at NCYL. "We welcome our new clients to this fight — and we will not stop until every child who can safely reunite with family gets to do so."

“Federal law requires that children in government custody be released to family members or sponsors without unnecessary delay, yet HHS continues to impose barriers that keep children detained for months,” said Joel McElvain, Senior Counsel at Democracy Forward. “The court has already recognized the harm these rules cause, and we will keep working until they are struck down for every child still affected.”

The lawsuit, filed in May, seeks to strike down new ORR paperwork requirements and a March 2025 Interim Final Rule that replaced critical family reunification protections established in the 2024 Foundational Rule. The new policies disqualify or delay release to safe family members by imposing rigid and unnecessary identification and income documentation requirements — requirements that many families cannot meet simply because of their immigration status.

In June 2025, a federal court issued a preliminary injunction blocking these unlawful documentation requirements for children who entered government custody on or before April 22, 2025. Each of the three new plaintiffs entered custody in May 2025 and are requesting that the court block these paperwork requirements as to all children in custody. 

The new plaintiffs — Mateo, Yair, and David — each remain in government custody today because of this “paperwork barrier”:

• Mateo, 17, is currently detained by the Office of Refugee Resettlement (ORR) but longs to be reunited with his older brother, a U.S. citizen who lives with his wife and two children. Despite his brother providing fingerprints, identification, and even taking a DNA test, ORR refuses to release Mateo to his brother because his sister-in-law doesn't have the “right” kind of ID.
• Yair, 17, is also in ORR custody and wants to live with his sister, with whom he shares a close bond. ORR has denied reunification because his sister lacks certain paperwork, instead telling his family to find another relative with the “right” ID — an impossible task, since Yair has no other family members who qualify.
• David, 14, dreams of living with his mother and having a normal childhood where he can attend school and be surrounded by family. His mother has done everything ORR has asked — including moving out of the home she lived in with family to a more expensive apartment because her family members did not have ID that meet the new rules and attempting to learn how to drive to try to obtain her driver’s license — but his release process has been significantly delayed because his mother doesn’t have the “right” ID.

Read more about these youths’ stories in the amended complaint.

NCYL and Democracy Forward are committed to holding the administration accountable and restoring the fundamental right of children to be with their family while their immigration cases proceed.

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The National Center for Youth Law centers youth through research, community collaboration, impact litigation, and policy advocacy that fundamentally transforms our nation's approach to education, health, immigration, foster care, and youth justice. Our vision is a world in which every child thrives and has a full and fair opportunity to achieve the future they envision for themselves.

Democracy Forward is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement.