FOR IMMEDIATE RELEASE: September 30, 2026
CONTACT: press@acaciajustice.org
WASHINGTON –Today, the Acacia Center for Justice released a new report, “Freeing Children, Reuniting Families: The Power of Habeas Advocacy,” documenting a troubling increase in the number of unaccompanied children spending months in federal custody despite having parents, relatives, and other caregivers ready to care for them. The report also finds a dramatic rise in habeas corpus petitions filed on behalf of children and highlights the growing role of the Children’s Due Process Project (CDPP) in securing children’s release and reunification with family.
The report reveals that since the beginning of the second Trump administration, there has been a 3,500% increase in habeas filings on behalf of unaccompanied children compared to filings during the entire previous administration from 2021 through 2024. At the same time, children who historically spent approximately 30 days in Office of Refugee Resettlement (ORR) custody before reunification are now spending more than 170 days in custody on average, prolonging family separation and delaying access to stability and support.
“The report shows that children are increasingly turning to habeas in order to be released from federal custody,” said Jill Williams, Principal Research and Evaluation Manager and the lead author of the report. “These are not cases where children lack sponsors or caregivers. Instead, government-created delays, repeated vetting requirements, and procedural barriers are keeping children separated from their families for what amounts to nearly a full school year for the average child in the US. What we see in the data is that petitions are overwhelmingly successful at compelling children’s release, raising questions as to why they are experiencing prolonged detention in the first place.”
Referrals to the Children’s Due Process Project have continued to climb since the report’s study period ended, underscoring the growing need for legal intervention on behalf of detained children.
While the report documents a growing crisis, it also highlights an emerging legal response.
Through the Children’s Due Process Project, Acacia and its partners, the Immigration & Human Rights Clinic at Loyola University Chicago School of Law, The Door, and National Center for Youth Law (NCYL), are connecting detained children with experienced pro bono counsel to challenge unlawful and prolonged detention. Early results demonstrate both the urgent need for representation and the legal community’s willingness to respond. Nearly 60% of referred cases have already been matched with pro bono attorneys; more than one-third remain in active placement, and approximately one-third of referrals have already resulted in successful outcomes for detained children.
One of the first children represented through the project spent 186 days in government custody before a habeas petition was filed on his behalf. Just ten days after filing, he was released and reunited with his father.
“Behind every statistic is a child waiting to return home,” Jessica Viramontes, Co-Manager of the Children’s Due Process Project, “This case demonstrates what the report shows nationally: when children gain access to experienced legal advocates and federal courts, release is almost guaranteed to follow, and demonstrates why the government’s current procedures are unnecessary.”
According to the report, the increase in prolonged custody is driven not by an absence of suitable caregivers but by increasingly burdensome reunification processes.
“This is family separation dressed up as paperwork,” said Kel White, Associate Director of Public Education and Training at Acacia.
The findings come amid broader concerns about where newly detained children are being sent. Recent reporting found that more and more children the government detains in Texas, while advocates and members of Congress have also raised concerns about efforts to expand child detention capacity in Louisiana. These developments raise significant questions about children’s access to family, legal counsel, medical care and due process protections.
Support the Children’s Due Process Project: https://acaciajustice.org/donate/ (select CDPP)
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