The Hidden “Paperwork Barrier” Keeping Immigrant Children From Their Families

Imagine being a child who has already endured the trauma of migration, only to remain locked in federal custody, even though family members are ready and willing to take you in. That’s the reality for several immigrant children in the United States today. And it’s the reason behind a growing class-action lawsuit, Angelica S. v. HHS, challenging new federal “paperwork” rules that are preventing children from reuniting with their families.

What the Lawsuit Is About

The case focuses on policies from the U.S. Department of Health and Human Services (HHS). These rules disqualify or delay family members from sponsoring children in federal custody if they cannot provide specific forms of identification or immigration documents.

In other words, the government is requiring families, often undocumented themselves, to produce paperwork they do not have. As a result, children remain in government detention centers for weeks or even months, despite having safe, loving relatives available.

The Impact on Children

Three children recently joined the lawsuit, each with heartbreaking stories:

• Mateo (17): Stuck in custody even though his U.S. citizen brother completed fingerprinting, identification, and even DNA testing. The holdup is that apparently, his sister-in-law didn’t have the “right” form of ID.

• Yair (17): Wants to live with his sister, but reunification was denied because she lacked certain documents. The government told his family to “find another relative,” even though no one else was available.

• David (14): Hopes to live with his mother, who complied with every request, including moving to a new apartment and trying to learn to drive to get a license. Yet his release is still delayed because her ID does not meet the new requirements.

These examples highlight the human toll of bureaucratic red tape. Children’s lives are on hold, their well-being jeopardized, because of a paperwork barrier.

What Federal Law Says

Federal law is clear: children in government custody must be released “without unnecessary delay” to family members or safe sponsors. The purpose is to ensure children do not remain institutionalized longer than absolutely necessary.

Yet under these new policies, families who are safe and suitable caregivers are being told they are ineligible. The lawsuit argues that this is unlawful and directly harms children by keeping them in detention longer than the law allows.

To put it simply: the government is putting paperwork ahead of children’s welfare.

What the Courts Have Done So Far

In June 2025, a federal court issued a preliminary injunction, blocking the paperwork requirements for children who entered custody before April 22, 2025. That was a partial victory. But children who entered custody after that date (including Mateo, Yair, and David) remain affected.

That’s why these new plaintiffs are stepping forward and urging the courts to strike down the rules for all immigrant children, not just those covered by the earlier injunction.

Why This Matters for Families

Every additional day a child spends in detention means more trauma, more instability, and more lost time with family. Advocates argue that these rules effectively punish families for lacking documents they cannot reasonably obtain, while children pay the price.

At Harmony Law, we believe policies that keep children unnecessarily detained are not only unlawful but also inhumane. Families deserve fair treatment, and children deserve stability and safety, not more barriers.

Final Thoughts

Angelica S. v. HHS is still unfolding, but its implications are significant. At stake is whether the government can use paperwork requirements as a gatekeeping tool that keeps immigrant children locked away from the families who love them.

The courts have already recognized the harm these rules cause. The question now is whether protections will be extended to every child in custody. Until then, immigrant families continue to wait, and fight, for the chance to be reunited.

How Harmony Law Can Help

At Harmony Law, we believe every child deserves safety and dignity, no matter their immigration status. Our compassionate immigration attorneys fight tirelessly for families facing detention, deportation, or child custody issues within the immigration system.

If you or your child are caught in the immigration process, don’t face it alone. Our attorneys will explain your rights, represent your case with care, and ensure your family is treated with the respect and protection you deserve.

Contact Harmony Law today at (888) 427-1280 to schedule a confidential consultation and safeguard your family’s future.