Senator Ron Wyden accuses US health agency of plan to deport more than 500 migrant children
Ron Wyden, a US senator of Oregon, accused the Department of Health and Human Services (HHS) of preparing to use what he describes as an “unprecedented legal framework” to deport more than 500 unaccompanied migrant children currently in the custody of the agency’s Office of Refugee Resettlement (ORR).
In a letter addressed to the HHS secretary, Robert F Kennedy Jr, Wyden said he had obtained “credible information” that the department was using a list of more than 500 children as targets for expedited removal under a new administrative process that he says lacks statutory authority. He called the reported initiative “deeply alarming” and urged HHS to immediately suspend any related screening or removal efforts.
Wyden’s letter said: “Based on information available to me, the children on this list have been mainly placed in long term foster care with ORR providers around the country and all have been in federal custody for at least 180 days”. He wrote that they had been classified as category 4 children, meaning they have no viable sponsor identified in the US – a relative or vetted individual who vouches and advocates for them.
The senator also stated that the vast majority had legal representation in their immigration proceedings. He warned that proceeding with removals without involving those attorneys would constitute “a severe breach of due process”.
Wyden said the information suggested HHS was laying the groundwork for another removal initiative, this time potentially sending children back to “dangerous conditions” in their countries of origin, which include Guatemala, Honduras, El Salvador and Afghanistan, according to the letter.
“This is a severe institutional failure that places hundreds of vulnerable children in immediate jeopardy, effectively erasing them from the protection of US oversight and thrusting them back into danger,” the letter said. “To weaponize the very agency charged with their protection is an unacceptable escalation of executive overreach that undermines our nation’s commitment to due process.”
He argued that the timing of the reported effort coincided with a 30 June 2026 deadline for immigration courts to conclude the children’s cases and alleged that the department was attempting to pre-empt judicial decisions by conducting a parallel internal screening process.
“The timing is not coincidental; it is a transparent attempt to evade imminent judicial oversight and cut off all unaccompanied children’s access to legal remedies,” the senator wrote.
Wyden also criticized HHS for failing to respond substantively to four previous oversight letters concerning what he described as the department’s “reorientation of ORR away from its statutory child welfare mission”. He said the Senate finance committee has been unable to obtain answers while the department allegedly prepares a mechanism to remove children in its custody.
The letter demands that HHS immediately suspend any screening or removal initiative involving children in ORR custody and provide a written response by 26 June 2026.
In a statement to the Guardian, an HHS spokesperson said: “Despite this irresponsible fear mongering, there are no plans to target these children. The Biden administration rushed the release of these children without adequate sponsor vetting, leaving thousands vulnerable to abuse, exploitation, and trafficking. The Trump administration is working to identify the parents or legal guardians of unaccompanied alien children in our care because ensuring every child is placed with a properly vetted sponsor is our top priority.”
Read the full story at The Guardian ↗
Senator Ron Wyden of Oregon wrote to HHS Secretary Robert F Kennedy Jr alleging the department is preparing to remove more than 500 unaccompanied migrant children from its custody through an expedited administrative process he contends lacks legal authority. The children, primarily from Central America and Afghanistan, have been in federal custody for at least 180 days and are classified as having no viable US sponsor identified. Most have legal representation in their immigration cases. Wyden expressed concern that the timing—coinciding with a June 2026 immigration court deadline—suggests an attempt to bypass judicial review and that removals would violate due process protections. HHS responded that the allegation is unfounded and that its focus is ensuring children are placed only with properly vetted sponsors, characterizing the Biden administration's prior release practices as inadequate.
Read the full story at The Guardian ↗
Ron Wyden, a US senator of Oregon, accused the Department of Health and Human Services (HHS) of preparing to use what he describes as an “unprecedented legal framework” to deport more than 500 unaccompanied migrant children currently in the custody of the agency’s Office of Refugee Resettlement (ORR).
In a letter addressed to the HHS secretary, Robert F Kennedy Jr, Wyden said he had obtained “credible information” that the department was using a list of more than 500 children as targets for expedited removal under a new administrative process that he says lacks statutory authority. He called the reported initiative “deeply alarming” and urged HHS to immediately suspend any related screening or removal efforts.
Wyden’s letter said: “Based on information available to me, the children on this list have been mainly placed in long term foster care with ORR providers around the country and all have been in federal custody for at least 180 days”. He wrote that they had been classified as category 4 children, meaning they have no viable sponsor identified in the US – a relative or vetted individual who vouches and advocates for them.
The senator also stated that the vast majority had legal representation in their immigration proceedings. He warned that proceeding with removals without involving those attorneys would constitute “a severe breach of due process”.
Wyden said the information suggested HHS was laying the groundwork for another removal initiative, this time potentially sending children back to “dangerous conditions” in their countries of origin, which include Guatemala, Honduras, El Salvador and Afghanistan, according to the letter.
“This is a severe institutional failure that places hundreds of vulnerable children in immediate jeopardy, effectively erasing them from the protection of US oversight and thrusting them back into danger,” the letter said. “To weaponize the very agency charged with their protection is an unacceptable escalation of executive overreach that undermines our nation’s commitment to due process.”
He argued that the timing of the reported effort coincided with a 30 June 2026 deadline for immigration courts to conclude the children’s cases and alleged that the department was attempting to pre-empt judicial decisions by conducting a parallel internal screening process.
“The timing is not coincidental; it is a transparent attempt to evade imminent judicial oversight and cut off all unaccompanied children’s access to legal remedies,” the senator wrote.
Wyden also criticized HHS for failing to respond substantively to four previous oversight letters concerning what he described as the department’s “reorientation of ORR away from its statutory child welfare mission”. He said the Senate finance committee has been unable to obtain answers while the department allegedly prepares a mechanism to remove children in its custody.
The letter demands that HHS immediately suspend any screening or removal initiative involving children in ORR custody and provide a written response by 26 June 2026.
In a statement to the Guardian, an HHS spokesperson said: “Despite this irresponsible fear mongering, there are no plans to target these children. The Biden administration rushed the release of these children without adequate sponsor vetting, leaving thousands vulnerable to abuse, exploitation, and trafficking. The Trump administration is working to identify the parents or legal guardians of unaccompanied alien children in our care because ensuring every child is placed with a properly vetted sponsor is our top priority.”
Read the full story at The Guardian ↗
Senator Ron Wyden accused the Department of Health and Human Services of planning to deport more than 500 unaccompanied migrant children in ORR custody Wyden claims HHS is using an 'unprecedented legal framework' that lacks statutory authority The children have been in federal custody for at least 180 days and are classified as category 4, meaning no viable US sponsor has been identified The majority of the children have legal representation in their immigration proceedings Wyden characterized the reported initiative as 'deeply alarming' and a 'severe institutional failure' The children originate primarily from Guatemala, Honduras, El Salvador, and Afghanistan Wyden argues the timing aligns with a June 30, 2026 immigration court deadline and represents an attempt to circumvent judicial oversight HHS stated there are no plans to target these children and that its priority is ensuring proper sponsor vetting Wyden characterized HHS's actions as 'weaponizing' the agency charged with child protection and 'executive overreach'
Read the full story at The Guardian ↗
- Senator Ron Wyden accused the Department of Health and Human Services of preparing to deport more than 500 unaccompanied migrant children currently in ORR custody using what he describes as an unauthorized legal process
- The children in question have been in federal custody for at least 180 days, are classified as having no identified US sponsor, and mostly have legal representation in immigration proceedings
- Wyden argues the timing aligns with a June 2026 immigration court deadline and constitutes a breach of due process; HHS disputes the accusation and says it is focused on sponsor vetting
- The dispute centers on whether the agency is attempting to circumvent judicial oversight or ensure proper care standards for children in its custody