Senator Ron Wyden of Oregon is accusing the Department of Health and Human Services of preparing to expel more than 500 unaccompanied migrant children from federal custody using what he calls an "unprecedented legal framework" that lacks congressional authority.
In a letter to HHS Secretary Robert F Kennedy Jr, Wyden said he obtained "credible information" that the department has compiled a list of children held by the Office of Refugee Resettlement and is preparing expedited removal proceedings against them through a new administrative process. The senator called the effort "deeply alarming" and demanded HHS halt any screening or deportation activities immediately.
The children on the list have spent at least 180 days in federal custody and are classified as "category 4," meaning no viable U.S. sponsor has been identified for them. Most are currently placed in long-term foster care with ORR providers across the country. Their countries of origin include Guatemala, Honduras, El Salvador, and Afghanistan.
Wyden warned that removing these children without involving their legal representatives would constitute a serious violation of due process. He noted that the vast majority of the children have lawyers handling their immigration cases, and bypassing those attorneys would be improper.
The senator suggested HHS was timing this effort to coincide with a June 30, 2026 deadline for immigration courts to finalize the children's cases. He characterized the move as an attempt to circumvent judicial oversight and prevent children from accessing legal remedies through the courts.
"The timing is not coincidental; it is a transparent attempt to evade imminent judicial oversight and cut off all unaccompanied children's access to legal remedies," Wyden wrote in the letter.
Wyden also criticized HHS for ignoring four previous oversight inquiries from his office about what he described as the department's shift away from its core child welfare mission. The Senate Finance Committee has sought answers on the matter without success, he said, even as the agency allegedly prepares to deport children under its protection.
An HHS spokesperson responded by denying the allegation and redirecting criticism toward the prior administration's handling of migrant children. "Despite this irresponsible fear mongering, there are no plans to target these children," the spokesperson said. "The Biden administration rushed the release of these children without adequate sponsor vetting, leaving thousands vulnerable to abuse, exploitation, and trafficking. The Trump administration is working to identify the parents or legal guardians of unaccompanied alien children in our care because ensuring every child is placed with a properly vetted sponsor is our top priority."
Wyden set a June 26, 2026 deadline for HHS to respond in writing to his letter and suspend the reported removal initiative.
Author James Rodriguez: "This is the kind of institutional power grab that tests whether Congress will actually exercise its oversight authority, or if the executive branch will simply ignore uncomfortable questions until the deed is done."
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