United States

Unaccompanied children who arrive in the United States must navigate a complex and adversarial immigration system in pursuit of humanitarian protection. The legal process can involve multiple federal agencies, time in government custody, placement with a vetted sponsor, and immigration court proceedings—all without a guaranteed right to an appointed attorney. KIND represents children directly while also working to advance the laws and policies that shape their experiences.

How does the United States define an unaccompanied minor?

An unaccompanied child is an individual under 18 who arrives in the United States without immigration status and absent a parent or legal guardian available to care for them.

Legal Definition

Under U.S. law, an unaccompanied child is an individual under 18 who arrives to the United States without immigration status and absent of a parent or legal guardian available to provide care.

Where does this legal definition come from?

The U.S. Congress established this definition through the Homeland Security Act of 2002.

Are there other federal laws that govern how the U.S. federal government should treat children who meet this definition?

Yes, including the Trafficking Victims Protection Reauthorization Act of 2008, which passed Congress on a sweeping bipartisan basis and outlines a host of required procedures for ensuring appropriate treatment of unaccompanied children in the U.S. immigration system.

Are separated children the same as unaccompanied children?

In many cases, yes, but not necessarily. In many cases, children are unaccompanied for reasons other than having been forcibly separated from their parents or legal guardians – for example, if children’s parents are deceased or if they fled domestic abuse. But when children do face separation from their parents or legal guardians, they may become unaccompanied and ultimately be legally designated as such by the U.S. government.

What countries do unaccompanied children come from?

A majority of unaccompanied children who flee to the United States originally come from northern Central America and Mexico. But unaccompanied children seek protection from all over the world, ranging from Afghanistan to Haiti to Brazil.

How does KIND work to affect U.S. Policy and Laws?

KIND connects direct legal work with policy change. What our teams learn from children’s cases helps inform our advocacy with lawmakers and our work alongside partner organizations. By showing how policies affect unaccompanied children, we help advocate for a system that better protects their rights and safety.

View U.S. Policy and Law

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Why unaccompanied children flee to the United States?

Domestic abuse/Gender-Based Violence

Children flee domestic abuse, sexual violence, femicide, and violence targeting LGBTQ+ youth, with little or no meaningful protection available from authorities in their country of origin. Gender-based violence is a documented root cause of child migration.

Trafficking and Exploitation

Children in vulnerable situations in their countries of origin are often targeted by traffickers and other bad actors who exploit them for labor or sex, sometimes with the complicity of authorities. Unaccompanied children returned from the United States to their countries of origin can often become targets for exploitation.

Gang Violence and Forced Recruitment

In communities controlled by criminal organizations, children can be pressured to join gangs. Refusing recruitment, a family's inability to pay extortion, or gang violence against family members, can put a child's life directly at risk and compel the child to flee in search of safety.

Displaced by War and Violence

Armed conflict, political instability, and political dissent force families and children to flee their homes, often with no path to return. Displacement can strip children of access to education, stable housing, and protection for months or years at a time.

Services Provided to Unaccompanied Children in the United States

Legal Protection

Every child represented by KIND receives a lawyer at no cost. Our attorneys and pro bono partners help children understand their legal options, including asylum, Special Immigrant Juvenile Status, and visas for survivors of trafficking. They stay with the children throughout the legal process and advocate for their rights.

Learn about KIND’s pro bono model

Psychosocial Support

Legal support is only one part of a child’s journey. KIND’s psychosocial team helps children build stability while their cases move forward and after they’re resolved. That can include enrolling in school, accessing counseling, and adjusting to life in a new community.

Learn about KIND’s psychosocial model

Learn more about U.S. government policy developments

Policy Recommendations

Recommendations for fulfilling the rights and respecting the best interests of unaccompanied and separated children displaced from Ukraine

In the three years since the escalation of hostilities in Ukraine, many unaccompanied and separated children displaced from the country remain in precarious situations and at heightened risk of abuse,...

Read Recommendations for fulfilling the rights and respecting the best interests of unaccompanied and separated children displaced from Ukraine

February 22, 2025

Litigation

Asylum Eligibility & Procedural Modifications Amicus Brief

The Department of Homeland Security and Department of Justice issued an interim final rule (IFR) that renders nearly everyone who is seeking asylum in the United States ineligible to apply. Here's KIN...

Read Asylum Eligibility & Procedural Modifications Amicus Brief

October 17, 2019

Comment on U.S. Regulations

KIND Comment on USCIS Immigration Fees and Related Procedures Required by H.R.1 Reconciliation Bill

Kids in Need of Defense (KIND) respectfully submits the following comments in response to the above Interim Final Rule titled “USCIS Immigration Fees and Related Procedures Required by H.R.1 Reconci...

Read KIND Comment on USCIS Immigration Fees and Related Procedures Required by H.R.1 Reconciliation Bill

June 30, 2026

Policy's Real-World Effects

KIND Blueprint: Concrete Steps to Protect Unaccompanied Children on the Move

KIND’s Blueprint for the protection of unaccompanied children provides guidance on how the U.S. government should uphold its responsibility to treat these children humanely and in accordance with th...

Read KIND Blueprint: Concrete Steps to Protect Unaccompanied Children on the Move