The UAC Processing Pathway Advisal, a document reportedly given to unaccompanied children in CBP custody, warns that seeking a hearing or expressing fear of return could lead to prolonged detention and possible enforcement action against sponsors. Senator Ron Wyden and immigrant advocates call the advisal coercive and misleading, arguing it may pressure minors to accept voluntary return. CBP says the advisal explains lawful options and may reflect safety concerns for trafficked or coerced children. The advisal was filed in a lawsuit challenging DHS practices and was first reported by ProPublica.
Federal Document Shows CBP Pressuring Unaccompanied Children To Agree To Return
Immigrants turn themselves in to US Customs and Border Protection in Ruby, Arizona, on 5 January.Photograph: Brandon Bell/Getty Images
A government advisal reveals that US Customs and Border Protection (CBP) has been presenting unaccompanied children apprehended at the border with a stark choice: agree to return to their country of origin quickly, or face warnings of prolonged detention and other consequences if they seek a hearing or indicate fear of return.
What The Advisal Says
The document, titled the UAC (Unaccompanied Alien Children) Processing Pathway Advisal and filed in court as Exhibit A, reportedly is read or provided to children in CBP custody in the first days after apprehension. It warns that if a child seeks a hearing with an immigration judge or expresses fear of returning home, they "can expect the following: you will be detained in the custody of the United States Government for a prolonged period of time."
The advisal also cautions that a child's sponsor — usually a family member in the US — "may be arrested, prosecuted and deported" if they lack lawful status, and that a minor who turns 18 in custody "will be turned over to Immigration and Customs Enforcement [ICE] for removal (deportation)."
Responses And Concerns
Senator Ron Wyden (D‑Ore.), the ranking Democrat on the Senate Finance Committee, called the advisal "shockingly coercive," saying it "cynically exploits" vulnerable children and can discourage them from pursuing legal protections. Wyden has demanded CBP abandon the policy and has written to agency leadership to seek answers.
Advocates from the National Immigrant Justice Center (NIJC) say the advisal misleads children by suggesting that a voluntary return carries no administrative consequences and that future lawful entry will remain possible — a promise NIJC describes as a "false carrot." Lisa Koop, NIJC's national director of legal services, said the organization had not previously seen this advisal despite extensive work with unaccompanied minors.
CBP responded that the advisal "explains options available under the Immigration and Nationality Act" and argued the agency's duty is to follow the law and protect children. A CBP statement also noted that some minors are trafficked or coerced and that returning home to family may sometimes be the safest option.
Legal Context And Process
The advisal was submitted as part of a longstanding lawsuit filed by NIJC and allied organizations challenging the Department of Homeland Security's practice of detaining children who turn 18 while in custody. The advisal was first reported by ProPublica and later included in court filings obtained by advocates and media outlets.
Under current procedures, CBP may hold unaccompanied children for up to 72 hours before transferring them to the Office of Refugee Resettlement (ORR), which places minors with vetted sponsors, shelters, or foster care and coordinates legal services through partner organizations.
Outstanding Questions
Key details remain unclear: how many children have received the advisal; whether it is routinely handed to minors in writing or delivered only verbally; and whether children frequently receive it without access to interpretation or legal counsel while still in CBP custody. The document exists in English and Spanish, but advocates say many children have limited English and may not fully understand the warnings.
Advocates and lawmakers say the advisal, as described, risks coercing vulnerable minors into abandoning their legal rights and protections. CBP maintains it is providing lawful guidance; the debate continues as the advisal becomes part of litigation over the treatment of unaccompanied children in U.S. custody.
