October 04, 2025
Back to all stories

Judge Blocks Policy Detaining Migrant Youth Turning 18

On Oct. 4, 2025, U.S. District Judge Rudolph Contreras issued a temporary restraining order barring U.S. Immigration and Customs Enforcement from transferring unaccompanied migrant children into adult detention facilities once they turn 18. The order enforces a 2021 ruling that requires release of minors who age out of Office of Refugee Resettlement shelters to the "least restrictive setting" unless they pose a danger or flight risk; advocacy groups had sued after learning ICE planned transfers and argued the policy would coerce youths and harm trafficking victims. The decision halts transfers that plaintiffs said were scheduled for the weekend and intersects with other administration measures — including a $2,500 voluntary‑return stipend offered to some migrant teens.

Legal Immigration

📌 Key Facts

  • Federal judge Rudolph Contreras issued a temporary restraining order on October 4, 2025 prohibiting ICE from detaining unaccompanied minors in adult facilities after they turn 18
  • Contreras relied on his 2021 order requiring release to the "least restrictive setting available" unless the minor is a danger or flight risk
  • The article notes ICE told shelters children approaching 18 could be held pending transfer; plaintiffs say ICE paroled fewer than 500 people March–September and that U.S. border authorities have arrested unaccompanied children over 400,000 times since October 2021