A federal judge in the United States has temporarily stopped the Trump administration from implementing immigration policies that could accelerate the deportation of unaccompanied migrant children seeking asylum.
US District Judge Brendan Hurson, sitting in Greenbelt, Maryland, issued a temporary restraining order on Friday, preventing US Citizenship and Immigration Services (USCIS) from enforcing changes that significantly reduced advance notice for children’s asylum interviews and imposed tougher restrictions on requests to reschedule them.
The order requires the administration to restore the previous procedures, at least until November 13. The judge will use the intervening period to consider whether a longer-lasting injunction is necessary.
The legal challenge was brought by organisations providing assistance to immigrant children, including Amica Center for Immigrant Rights and The Door. They argued that the administration’s changes violated federal law and undermined safeguards specifically designed to protect children navigating the asylum system.
In their lawsuit, the organisations accused the administration of pursuing an unlawful strategy that could leave thousands of vulnerable children at greater risk of deportation by making it harder for them to receive legal assistance and prepare their asylum claims.
Two policy changes at the centre of the dispute
The challenge focuses on two measures introduced by USCIS in August and September.
Under the first change, the agency removed the requirement to notify unaccompanied children at least 21 days before their asylum interviews. Instead, children began receiving substantially shorter notice, with some reportedly being informed less than 24 hours before their scheduled appointments.
The second measure tightened the rules for postponing interviews. Applicants could seek a new date only by demonstrating “exceptional circumstances”, replacing the more flexible standard that had previously applied.
The organisations argued that these changes created serious obstacles for children who depend on legal representatives and support groups to understand the asylum process and prepare their cases.
Judge points to federal child-protection law
In explaining his decision, Hurson referred to the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, which requires the asylum process to recognise the particular needs of unaccompanied children.
He concluded that providing extremely limited notice of interviews was inconsistent with the protections established under the legislation. Those safeguards, he indicated, extend beyond the interview itself and also apply to the procedures leading up to it.
The judge also questioned the administration’s stricter rescheduling policy, finding that it conflicted with the Administrative Procedure Act. He rejected the government’s argument that the new requirement simply reflected existing obligations under federal law.
Hurson was appointed to the federal bench by former President Joe Biden.
Following the ruling, the organisations behind the lawsuit welcomed the temporary relief, saying they would continue their efforts to protect the rights of unaccompanied children seeking safety in the United States.
The Department of Homeland Security, which oversees USCIS, had not issued a response to the ruling at the time of the report.
The immediate effect of the order is to restore the earlier asylum interview procedures while the court examines whether the challenged policies should remain blocked beyond November 13.
