- Over fifty-seven percent of children in immigration courts currently lack legal representation while facing removal proceedings.
- Represented children are seven times more likely to be allowed to stay compared to those without counsel.
- The court system hired one hundred fifty-three judges in twenty twenty-six to accelerate case completions and backlog reduction.
(UNITED STATES) – More than half of children in ICE immigration courts are representing themselves, as DOJ data links lack of counsel to higher removal risk and a rise in procedures that may speed cases along without legal guidance.
Records from the Executive Office for Immigration Review (EOIR), the Justice Department office that runs immigration courts, show 751,861 pending cases involving children in removal proceedings.
Of those, 57% (425,093) do not have legal counsel. That gap carries through to completed cases.
In fiscal years 2025–2026, 64% of children whose cases reached completion did so without representation, a sign that self-representation is not limited to the court backlog.
Outcomes split sharply by counsel status. Children with legal representation are allowed to stay in the United States in roughly 7% of cases, while unrepresented children do so in less than 1% of cases.
Those figures matter beyond courtroom appearance rates because relief often overlaps with other parts of the immigration system.
A child in proceedings may also need to pursue asylum-related steps, Special Immigrant Juvenile Status, or other protections tied to U.S. Citizenship and Immigration Services (USCIS), and those claims typically require deadlines, filings, and evidence that are hard to manage alone.
Backlog reduction has also changed the setting in which children appear. Reports from advocates and court observers describe expanded “mega master” hearings that handle 60–100 cases at once, compressing time for basic explanations and making missed instructions more likely for children without lawyers.
| Change/Policy | Description | Relevant Figures | Estimated Impact on Representation |
|---|---|---|---|
| Termination of legal services contract | A federal contract supporting legal services for migrant children ended in March 2025. | $200 million | Reduced access to organized legal help; more children may have entered proceedings without counsel. |
| Mega master hearings | Courts began processing large blocks of cases in a single hearing session. | 60–100 cases per hearing | Less time for individual explanation may increase confusion and default orders for unrepresented children. |
| Judge hiring push | EOIR expanded the bench to speed case completions and cut pending dockets. | 153 permanent immigration judges in FY 2026 | Faster case movement may tighten the window for children to secure counsel. |
| Backlog management | Immigration courts are handling child cases within a much larger national docket. | 4 million total backlog, including adults | System pressure may leave less room for continuances that help children find lawyers. |
One major shift came with the termination of a $200 million federal contract in March 2025 that funded legal services for migrant children.
The change removed a structured source of representation at the same time child dockets remained large.
EOIR Director Daren K. Margolin tied the court system’s current direction to faster case handling. On April 8, 2026, he said EOIR was committed to reducing the backlog and that newly hired judges would decide cases based on the law.
Margolin returned to that point on June 19, 2026, saying EOIR had hired 153 permanent immigration judges in FY 2026, the largest one-year total in agency history.
More judges may reduce delays, but they may also move more children toward hearings before counsel is secured.
⚠️ Unrepresented children face higher risk of default removal orders in the context of mega master hearings and reduced access to counsel; readers should understand these risks when evaluating protections and relief options.
In practice, the immediate danger is often procedural. A child who misses a hearing, misunderstands a date, or fails to respond in a crowded master calendar setting may receive a removal order in absentia, meaning the order is entered after a missed court appearance.
That risk grows in fast, high-volume hearings. Children without lawyers may struggle to identify whether they qualify for asylum, Special Immigrant Juvenile Status, or related relief that can involve state court findings, USCIS petitions, and separate evidence requirements.
Assistant Secretary Tricia McLaughlin of the U.S. Department of Homeland Security (DHS) linked the administration’s broader approach to ending parole programs.
On June 12, 2025, she said ending CHNV parole programs would mark a return to what DHS called “common-sense policies,” a statement that advocates viewed as part of a wider enforcement turn affecting migrant families.
Congress has begun to answer the representation gap with legislation. Representative Zoe Lofgren reintroduced the Fair Day in Court for Kids Act of 2026 on June 11, 2026, seeking government-funded legal representation for unaccompanied minors in immigration proceedings.
The bill would not erase the existing docket overnight. EOIR is still working through a systemwide backlog of more than 4 million total cases, including adults, and children’s cases sit inside that larger queue even as judges are pushed to close matters faster.
USCIS remains part of the picture even though EOIR controls the courtroom. Many forms of protection that may stop removal, including some asylum-related claims and child-based immigration relief, depend on filings or determinations outside the hearing room, which means lack of counsel can damage a case long before a judge reaches the merits.
Families and legal service groups typically watch hearing notices, filing deadlines, and custody changes closely because those events may affect whether relief stays available. Missing one step can be costly.
In children’s cases, the record shows representation often shapes whether any step happens at all.
✅ Advocacy and guidance: legal representatives and organizations should monitor the Fair Day in Court for Kids Act of 2026 and EOIR backlog-reduction efforts for potential changes in access to counsel.
Legal information in this article is intended for informational purposes and does not constitute legal advice.
Readers should consult qualified counsel for individual immigration matters.
