Washington, D.C. — U.S. Senators Michael Bennet (D-Colo.) and Lisa Murkowski (R-Alaska) wrote to the U.S. Department of Justice’s Executive Office for Immigration Review (EOIR) to express bipartisan concern following EOIR’s decision to rescind the 2023 Memorandum on Children’s Cases in Immigration Court and reinstate 2017 guidelines. This decision weakens critical protections for unaccompanied migrant children, increases inefficiencies in the immigration court system, and risks higher levels of child trafficking and exploitation.
“The 2023 memorandum established specialized juvenile dockets with dedicated judges, child-appropriate court practices, and stronger safeguards against trafficking. It also improved address verification to reduce procedural errors that often lead to removal orders for children who never received proper notice of their hearings,” wrote Bennet and Murkowski.
In their letter, the senators express concern that reverting to the 2017 guidelines undermines important safeguards, increases case backlogs, and weakens protections. It also reintroduces a tone of suspicion toward unaccompanied minors rather than recognizing their vulnerabilities and need for fair proceedings.
“EOIR must ensure that immigration proceedings for unaccompanied children remain fair, efficient, and protective against trafficking. This includes maintaining specialized juvenile dockets, strengthening interagency coordination, and preserving procedures that prevent unnecessary delays and due process failures,” continued the senators.
Bennet has consistently advocated for the protection of children in the immigration system. In 2023, Bennet and Murkowski introduced the Immigration Court Efficiency and Children’s Court Act, a bipartisan bill to establish a dedicated Children’s Court within EOIR. The legislation would combat the immigration court backlog and strengthen due process rights for unaccompanied migrant children. Earlier this month, Bennet joined 33 Senate colleagues to urge the Trump Administration to ensure unaccompanied children in the immigration system receive legal representation. Last year, alongside Senate colleagues, Bennet called on Senate Appropriations leaders to ensure EOIR reports on the implementation of specialized children’s immigration courts.
The text of the letter is available HERE and below.
Dear Acting Director Owen:
We write with deep concern over the Executive Office for Immigration Review’s decision to rescind the Director’s 2023 Memorandum on Children’s Cases in Immigration Court (DM 24-01) and reinstate the 2017 Guidelines. This decision weakens critical protections for unaccompanied children, increases inefficiencies in the immigration court system, and risks greater trafficking and exploitation.
The 2023 memorandum established specialized juvenile dockets with dedicated judges, child-appropriate court practices, and stronger safeguards against trafficking. It also improved address verification to reduce procedural errors that often lead to removal orders for children who never received proper notice of their hearings. At the same time, the Department of Homeland Security committed to training government attorneys to identify trafficking indicators and assess legal relief options for children.
Reverting to the 2017 guidelines undermines these safeguards, increases case backlogs, and weakens protections under the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008. It also reintroduces a tone of suspicion toward unaccompanied minors rather than recognizing their vulnerabilities and need for fair proceedings. EOIR must ensure that immigration proceedings for unaccompanied children remain fair, efficient, and protective against trafficking. This includes maintaining specialized juvenile dockets, strengthening interagency coordination, and preserving procedures that prevent unnecessary delays and due process failures.
Congress has long recognized the need for reforms that balance efficiency with fairness. That’s why we introduced the Immigration Court Efficiency and Children’s Court Act, a bipartisan bill to establish a dedicated Children’s Court within EOIR. This legislation would ensure trained judges oversee these cases with the expertise and resources they require. We urge EOIR to consider these principles moving forward.
Sincerely,