The “Voluntary” Departure Scheme

A memo from the Department of Health and Human Services (HHS), sent to service providers on Friday, details the plan. Unaccompanied alien children aged 14 and older who “elect to voluntarily depart the United States” will receive a one-time “resettlement support stipend” of $2,500. The initiative, which some advocates have dubbed “Freaky Friday” – a name ICE denies – is the latest development in the Trump administration’s aggressive deportation policies.

The timing of this announcement, coinciding with the ongoing federal government shutdown, has fueled speculation that ICE and the Department of Homeland Security (DHS) deliberately sought to minimize public scrutiny. The shutdown has already strained resources and diverted attention from immigration enforcement practices.

“The idea that masked men would now go to 14-year-olds and ask them to waive their rights to return to the countries that they fled is shocking.”

Melissa Adamson, an attorney at the National Center for Youth Law, emphasized the inherent imbalance of power. “Voluntary departure has always been available,” she stated, “What children need is legal counsel to safely understand the risks or benefits of this option – not the government essentially enticing them into giving up their rights for a cash incentive.”

The process outlined in the memo requires children accepting the payment to meet with an ICE officer and sign a form (a l-210 addendum declaration) waiving their right to a removal hearing. This raises concerns about whether children fully understand the implications of their decision, particularly without adequate legal representation.

ICE Confirms Targeting of Unaccompanied Minors

In a statement released to The Intercept, an ICE spokesperson confirmed the agency’s intention to target unaccompanied minors for deportation, framing the plan as a “strictly voluntary option” to return home to their families. The agency claims financial support will only be provided with the approval of an immigration judge and will initially be offered to 17-year-old unaccompanied children.

However, advocates remain skeptical. Bilal Askaryar, director of communications at Acacia Center for Justice, condemned the policy as “cruel,” stating, “The idea that immigration enforcement agents can coerce children into waiving their rights and protections under this memo to meet President Trump’s political goals is cruel. Americans have been shocked by the tactics that ICE is using in communities across the country…”

Reports from advocates suggest ICE agents are actively preparing to locate and visit children who arrived in the U.S. without parents, many of whom are living in shelters, with relatives, or with host families. The initial focus will be on children currently in federal immigration detention, followed by those already released.

Furthermore, advocates fear that children who decline the offer may face threats of detention, both for themselves and their relatives in the U.S. This alleged intimidation tactic adds another layer of concern to the already controversial policy.

The Trump administration has demonstrated a willingness to detain unaccompanied children in the past. In September 2019, agents targeted 300 Guatemalan children for deportation, rounding up 76 from their caregivers’ homes in the middle of the night before a federal judge intervened. The court documents from that case highlight the urgency and potential for abuse in such operations.

Adding to the vulnerability of these children is a lack of access to legal representation, exacerbated by budget cuts implemented by the Trump administration. In February 2019, the administration began tracking unaccompanied minors with the intent to deport them, as reported by Reuters. Shortly after, in March, funding was cut for a program providing legal representation to minors in immigration cases, leaving over 26,000 children without support, according to the University of California, Los Angeles, Latino Policy and Politics Institute. More information on the impact of these cuts can be found here.

According to government data, from 2023 to 2024, the U.S. government received referrals for 93,356 unaccompanied children entering the country, primarily from Guatemala, Honduras, Mexico, and El Salvador.

What responsibility does the government have to protect vulnerable children seeking refuge within its borders? And how can we ensure that these children are afforded due process and fair treatment under the law?

Frequently Asked Questions About ICE’s Deportation Policy