A federal ruling has halted the automatic transfer of unaccompanied minors into adult detention simply because they turn 18.
This change could impact many young people and families navigating the immigration system.
What Changed & Why It Matters
- Previously, U.S. Immigration and Customs Enforcement (ICE) quietly planned to transfer “age-outs” — youth turning 18 — into adult detention facilities, even when they had release plans in motion or no criminal history
- On October 4, 2025, U.S. District Judge Rudolph Contreras issued a temporary order blocking ICE from making these transfers, emphasizing that turning 18 doesn’t erase the need for the “least restrictive setting” review.
- This means age alone won’t trigger automatic adult detention — a key protection for youth who arrived unaccompanied and are still awaiting their immigration process
What Families Should Know
- If a youth in your family is in ICE custody or under supervision and approaching their 18th birthday, stay alert for any sudden changes in placement or notices.
- Ask: Has ICE reviewed release or sponsor-placement options rather than defaulting to adult detention?
- Children under 18 have potential additional immigration benefits, including special immigrant juvenile status and special asylum rules. It’s important to seek immigration assistance as soon as possible
- Even after a child turns 18, there still may be immigration options available.