Immigration judges are moving unaccompanied children swiftly through removal proceedings, with many given three weeks or less to complete asylum applications and find attorneys, while facing potential deportation without legal representation. DOJ’s Executive Office for Immigration Review is directing immigration judges to limit continuances to 21 days for unaccompanied children, according to internal guidance that has not been formalized in any publicly available policy or memo. The continuance grant rate for unaccompanied children has declined sharply from nearly 80% at the start of President Trump’s second term to 46% in June.
What changed
Supervisors at DOJ’s Executive Office for Immigration Review are directing immigration judges to limit delays in proceedings for unaccompanied children to 21 days. This is a sharp shift from the three to six months typically granted in the past. The quick timelines come as unaccompanied children are appearing in hearings by the dozens — nearly 50 in a single Manhattan immigration court hearing observed — and many face removal without legal representation.
The impact on outcomes is measurable. The continuance grant rate for unaccompanied children declined from nearly 80% at the start of President Trump’s second term to 46% in June 2026.
Why it matters
A 21-day continuance window makes it extremely difficult—often impossible—for you to represent unaccompanied minors effectively:
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Compressed timeline for case development. Three weeks is insufficient time for a child to locate an attorney, gather country conditions evidence, secure corroborating documentation from family abroad, or prepare coherent testimony on trauma-based claims (persecution, trafficking, family violence). Practitioners say the compressed extensions don’t leave enough time for children to find attorneys or prepare their cases.
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Structural disadvantage without representation. Children cannot present asylum claims pro se in complex removal proceedings. Many of these children are appearing without legal representation. When continuances are denied and hearings proceed, the grant rate follows: the data shows continuance denials correlate directly with the sharp drop to 46%.
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Form over substance. The guidance appears designed to move cases through the docket rather than ensure full adjudication of asylum claims on the merits. Courts historically granted 3–6 month continuances precisely because asylum cases—especially for children claiming persecution or trafficking—require detailed fact development.
Way forward
If you represent unaccompanied minors in removal proceedings:
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File continuance motions immediately and in writing. Document the reasons (attorney location, evidence gathering, country conditions research, interpreter availability) and preserve the record that the 21-day limit is inadequate for your case. Courts may grant longer delays if you show specific needs.
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Triage and prioritize. If you have a portfolio of unaccompanied minors, identify those with the strongest potential asylum claims and focus your evidence development on those cases first to maximize the odds of approval before a short deadline.
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Coordinate with legal aid groups. Legal aid providers who have historically helped children navigate the immigration court system are in flux due to contract changes. Confirm which organizations remain available to assist with intake, translation, or background research.
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Escalate at the administrative level. If a judge repeatedly denies reasonable continuance requests, consider filing complaints with the DOJ Office of Inspector General or raising the issue with immigration bar associations to document the pattern.
Disclaimer
This article is published by Fola Editorial, a software company supporting immigration practitioners—not a law firm. It does not constitute legal advice. Always consult a licensed immigration attorney before filing motions, making strategic decisions, or relying on any information here. Verify all claims against the primary source linked above, as agency policies and judicial guidance can change without notice.