AUSTIN – Recently, Jennifer Walker Gates has found it difficult to get a good night’s sleep.

Her mind is preoccupied with concerns about how the upcoming administration of President-elect Donald Trump will handle immigration, particularly regarding children in the U.S.

Walker Gates, an immigration lawyer based in Austin who specializes in helping migrant children seek asylum, fears that Trump’s stricter immigration policies, coupled with his party’s dominance in Congress, could significantly weaken protections for children—both migrant and American.

“These young individuals are very vulnerable and lack political power,” Walker Gates expressed. “We are worried.”

As Trump selects cabinet members and devises strategies to implement his stringent immigration promises, including actions for mass deportation, advocates and attorneys are increasingly concerned that children will be disproportionately targeted by these punitive measures.

The potential reintroduction of family separations at the border or the deportation of mixed-status families living in U.S. cities raises alarms among advocates, who believe the new Trump administration might create severe challenges for children in the U.S.

Family separations 

During Trump’s first term, one of the most contentious issues was the separation of families at the border as part of the administration’s “zero tolerance” approach. This policy aimed to deter illegal border crossings but led to significant public outrage, as distressing footage of toddlers crying for their parents in detention centers spread through the media. The ACLU launched numerous lawsuits to halt it, and eventually, Trump withdrew the policy.

A settlement from a pivotal lawsuit, Ms. L v. ICE, prevents the government from reintroducing family separation policies until at least 2031, according to Lee Gelernt, an ACLU attorney who spearheaded the lawsuits against family separations and similar policies.

However, Gelernt noted that the Trump administration is also responsible for adhering to other aspects of the settlement, such as enabling parents who were separated from their children at the border to request asylum in the U.S. and assisting in the reunification of around 1,000 families still seeking to reconnect.

It is estimated that more than 5,500 families were separated at the border during Trump’s first term, with roughly 4,000 currently eligible for the benefits specified in the settlement.

“We believe the settlement is detailed and robust,” Gelernt affirmed. “We will be vigilant to ensure compliance and will return to court if there is any evidence that the settlement is violated.”

The manner in which the Trump administration will adhere to the terms of the settlement remains uncertain. Requests for comments from a Trump spokesperson and the transition team have gone unanswered.

Tom Homan, a staunch supporter of the “zero tolerance” policy during Trump’s previous administration, has recently been appointed as the new “border czar.” He has stated in interviews his priority is to protect children smuggled into the U.S. by trafficking rings.

“We want to rescue these children and reunite them with their families,” he remarked on Fox News recently.

Homan has also expressed his continued support for family separations. When asked by a CBS News reporter if the policy should be revived during a second Trump term, Homan responded, “It must be considered, absolutely.”

Multiple requests for comments from Homan via email went unanswered.

Mass deportations 

Advocates for immigrants are increasingly concerned that the mass deportations Trump promised during his campaign could lead to families being torn apart, with one or both parents deported while their children, including U.S. citizens, remain behind.

Details on how Trump and his advisors will decide on deportations among the estimated 11 million undocumented immigrants in the U.S. remain unclear.

“It’s critical to remember that family separation has many forms,” said Neha Desai, a children’s rights advocate.

According to an attorney and senior director at the National Center for Youth Law, an advocacy organization located in Oakland, “The administration’s plan for widespread deportations will cause countless devastating separations of families.”

Charles Nelson, a pediatric professor at Harvard Medical School, who has researched the effects of family separations on children, explains that separating families during deportations can lead to psychological trauma that may be passed on to future generations.

“We are concerned about immediate negative effects followed by more severe repercussions over time, which could affect subsequent generations,” he noted.

Thomas Homan, who has been appointed by Trump as the border czar, has indicated that he intends to focus first on individuals in the U.S. with criminal records. He also hinted that Immigration and Customs Enforcement (ICE) agents may opt to deport entire families instead of separating them.

This time around, officials from the Trump administration will likely be more adept at implementing their plans, remarked Sameera Hafiz, the policy director at the Immigrant Legal Resource Center.

“They possess the necessary knowledge and experience now,” she explained. “Their decisions will likely be more calculated.”

Reducing protections

For many years, unaccompanied minors arriving at the U.S. border were safeguarded by laws such as the Trafficking Victims Protection Reauthorization Act (TVPRA), which mandates that these minors be handed over to the Department of Health and Human Services, and Special Immigrant Juvenile Status, which allows eligible immigrant children to obtain legal status in the U.S.

Recently, however, the TVPRA has faced criticism from some U.S. legislators who argue that mismanagement and loopholes in the law make it possible for traffickers to exploit unaccompanied minors, thereby putting these children at risk.

Trump and a Congress run by Republicans may attempt to completely repeal this law, which would eliminate crucial protections for young migrants, said Gladis Molina, executive director of the Young Center for Immigrant Children’s Rights.

“Children might be held in the custody of U.S. Border Patrol, and then subsequently removed and placed on charter flights,” she explained. “They wouldn’t have a chance to meet with asylum officers. They would be treated like adults.”

In a similar vein, the Trump administration might impose stricter requirements for the Special Immigrant Juvenile Status or seek congressional approval to modify or eliminate this protection, making it more difficult for unaccompanied minors to seek asylum, suggests Walker Gates, an attorney based in Austin.

“I could envision the new administration removing that provision, reducing the number of children who can access it,” she expressed.

DACA

During their initial term, Trump officials made attempts to terminate Deferred Action for Childhood Arrivals, commonly known as DACA, which was instituted under Obama. This policy prevents deportation for immigrants without legal status who were brought to the U.S. as children and allows them to work legally among other benefits.

Multiple legal challenges arose to maintain DACA, resulting in a complex legal journey involving conflicting lawsuits, ultimately leading to a ruling by the U.S. Supreme Court that upheld the program. The legality of DACA is currently being reviewed by the Fifth Circuit Court of Appeals.

With a strengthened Trump administration and support from a favorable Supreme Court, advocates believe the push to abolish DACA may continue, potentially ending work permits and protection from deportation for roughly 500,000 recipients.

Lindsey Harris, an attorney in Houston who assists DACA applicants, reported that her office has been flooded with calls since the election on November 5 from individuals concerned about the future of DACA and the threat of mass deportations. She advises people to steer clear of law enforcement and maintain a clean record to minimize the risk of being targeted by immigration agents.

Nevertheless, she anticipates that conditions will become more challenging for immigrant youth.

“I fully expect things to intensify under Trump,” Harris commented.