Migrant children detained in Southern California used as ‘bait’ to arrest and deport their parents

Since last summer, the Trump administration has been arresting undocumented immigrants as they try to claim their children from federal custody, stranding the kids in government shelters and foster care. The practice violates the government’s own regulations, according to an informal network of immigration attorneys across the country, who suspected for months that the arrests were the result of a formal policy.

Now, a document unearthed in a federal district court case in Texas appears to confirm that suspicion. “Operation Guardian Trace,” as it’s called in the document, requires Immigration and Customs Enforcement to conduct in-person interviews with the relatives of undocumented children in federal custody, and detain and deport those adults who are “illegally present in the United States.”

Immigration attorneys say the policy represents a dramatic reversal in how the government handles the release of unaccompanied minors and treats their undocumented relatives, who were previously allowed to get their children back regardless of their immigration status.

“This confirms what we’ve known for months,” said Mishan Wroe, directing attorney for immigration at the National Center for Youth Law in Oakland. “The government is explicitly and deliberately using children as bait to achieve their political goals.”

A copy of a U.S. Homeland Security department Form I-213, found in a federal district court case file.

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Image courtesy of the Galveston-Houston Immigrant Representation Project.

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The children, who entered the U.S. alone and without authorization and have usually come to join family, are in the custody of the Office of Refugee Resettlement, part of the U.S. Department of Health and Human Services. They’ve often fled violence or persecution in their home countries, Wroe said, and most apply for asylum or other legal status. They’re detained until the government can vet their relatives, or sponsors, to make sure the adults can “provide for the physical and mental well-being of children.”

When a sponsor is detained, their application to claim the child is invalidated. If no other potential sponsors come forward, the child remains in ORR custody until they can be placed in foster care or they turn 18. Largely due to stricter sponsor vetting requirements put in place by the current Trump administration, the average number of days that children remained in ORR custody increased to 117 in 2025 from 30 the year before, according to the agency’s website. The data does not make clear how sponsor arrests have impacted that increase.

Nationwide, more than 100 sponsors have been arrested while trying to get their kids out of detention since July, 2025, according to internal government data obtained by The California Newsroom. That means roughly one in four sponsors who came in for interviews or I.D. checks were arrested. It’s unclear how many have been deported, or were later released and allowed to sponsor their kids.

Marion “Mickey” Donovan-Kaloust, legal services director at Immigration Defenders Law Center in Los Angeles, said her organization alone represents 12 children detained in Southern California whose parents were arrested shortly after coming forward to begin the process of getting their kids back. She said dozens more of her clients have relatives who are afraid to try to claim them because they fear deportation.

“It's part and parcel of the chaos and cruelty that's marking this administration's approach to immigration policy,” said Donovan-Kaloust. “We've actually had children ask their parents to stop the reunification process because they're worried that they'll get detained.”

The Department of Homeland Security, which oversees ICE, did not confirm the existence of Operation Guardian Trace or respond to questions about how it’s being carried out.

Here’s what else we know:

How does Operation Guardian Trace work?

Attorneys and advocates who spoke with The California Newsroom say it’s a classic bait and switch.

Laura Diamond, an attorney with the Immigrant Center for Women and Children in Los Angeles, said that in September, an ICE agent asked one of her clients to come to the agency’s downtown L.A. field office with her passport and her teenage son’s birth certificate as part of the sponsor vetting process. The woman had already submitted to a DNA test to prove she was his mother, and had been fingerprinted for a background check, which showed no criminal history. She was fearful because she knew ICE was arresting immigrants, but she went to the office anyway.

“Wanting to do what she was told she needed to do to get her child,” Diamond said, “she showed up, and they arrested her.” The woman, who Diamond declined to name because her deportation case is ongoing, is still in an ICE detention facility. Her sponsorship application was canceled, and her son is now in foster care.

A DHS form documenting her arrest, reviewed by The California Newsroom, says the woman was detained “pursuant to a targeted enforcement operation.”

Three months later and eight hundred miles away in Texas, a similar form buried in a similar case also mentioned an operation, this time by name: “Operation Guardian Trace.”

In that case, a Venezuelan man with no criminal history was arrested while applying to sponsor his two teenage children, who were in ORR custody, according to his attorney, Chiqui Sanchez Kennedy of the Galveston-Houston Immigrant Representation Project. “He got a call on a Friday, ‘Come to the ICE office on Monday,’” she said. “He was specifically told, ‘This could help you get your kids out.’” Instead, the man was arrested and detained for three months in an ICE facility in El Paso. He was released under a judicial order this week, but his kids are still in federal custody.

Through her petition to get her client released, Sanchez Kennedy obtained a record of the arrest. The document is not public, but she provided The California Newsroom with a copy, which she redacted to protect the family’s’ privacy.

An immigrant child is overcome with emotion after she crossed the Rio Grande with her family from Mexico into the United States on September 28, 2023 in Eagle Pass, Texas. Many migrant children cross the border alone to join family in the U.S., and end up in federal custody. Under Operation Guardian Trace, some parents are summoned to reunite with their kids, only to be arrested, or even deported.

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John Moore

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“As part of Operation Guardian Trace,” the form reads, “Special Agents are required to interview and investigate sponsors and or guardians/parents. During the process, if the sponsor/guardian/parent is determined to be illegally present in the United States, [authorities] will arrest and initiate administrative removal proceedings for possible reunification.”

The Department of Homeland Security did not respond to questions about the meaning of the terms “possible reunification” and "administrative removal proceedings.” The latter can refer to a process ICE uses to bypass immigration courts and quickly deport migrants who have been convicted of aggravated felonies.

While the document offers limited details about Operation Guardian Trace, Sanchez Kennedy said it’s clear that DHS is systematically using the sponsor vetting process to facilitate immigration arrests. “I thought it was pretty incredible how explicit it is,” she said.

Is the policy legal?

The Department of Homeland Security can, generally speaking, arrest someone who is in the country without authorization. But Wroe, of the National Center for Youth Law, said Operation Guardian Trace likely interferes with the government’s obligations to reunify kids with qualified sponsors. The Office of Refugee Resettlement, she said, “has a legal obligation to try and effectuate releases in a timely manner. Collaborating with DHS in this way arguably interferes with their ability to meet those statutory requirements.”

A spokesperson for the Department of Health and Human Services, which oversees ORR, did not respond to questions about that allegation or about Operation Guardian Trace.

ORR regulations also state that the agency “shall not disqualify potential sponsors based solely on their immigration status and shall not collect information on immigration status of potential sponsors for law enforcement or immigration enforcement related purposes.”

The federal unaccompanied children program was intentionally separated from the government’s immigration enforcement agencies through the Homeland Security Act of 2002, which placed the program under the purview of the Department of Health and Human Services. The goal was to focus on child welfare rather than detention.

Donovan-Kaloust said that by cooperating with DHS, the Office of Refugee Resettlement is turning itself into “a quasi immigration enforcement agency, which is contrary to its mandate.”

What’s happening to the kids who are affected?

Many of the detained children Donovan-Kaloust’s team represents in Southern California broke down in tears when they learned their parents had been arrested, she said.

“They feel like it's their fault that their parent is in this situation, because their parent was trying to reunify with them,” she said. “Those are the things that the children are expressing to us. Sadness, hopelessness, tearfulness and guilt.”

According to Ryan Matlow, a child clinical psychologist who contributed to a report last year by the National Center for Youth Law about changes in ORR policy, prolonged detention breaks down children’s natural resilience. “As children come to see that they have no opportunity for release or family reunification,” he wrote, “they are likely to become increasingly despondent, desperate, hopeless, and depressed or agitated.”

Donovan-Kaloust said that in some cases, after her clients’ parents have been deported, the children decide to return to their home country. One boy didn’t want to go, she said, “but it was his only way to be with his dad.”

Like all of the immigration attorneys and immigrant rights advocates we spoke with, Donovan-Kaloust believes self-deportations are part of the point of Operation Guardian Trace.

“The administration wants the immigrant community to give up and go home,” she said. “And this is one way to do it.”

Mark Betancourt is a freelance journalist based in Washington, D.C.

This story was produced with The California Newsroom, a collaborative of public media outlets around the state that includes LAist.