SPRINGFIELD — Under a new law led by State Senator Cristina Castro, unaccompanied immigrant children will have a path to Illinois’ legal system and access to comprehensive resources and social services following abuse, neglect or abandonment.
“All children deserve protection, no matter their immigration status or background,” said Castro (D-Elgin). “We have a moral obligation to uplift those in need, especially children.”
Under the federal administration, unaccompanied immigrant children are being held in federal detention, often for months with no end in sight – a practice that not only inflicts physical and psychological harm but also precludes youth from being able to seek legal protections such as a Special Immigrant Juvenile Status order. While the number of children and the network of shelters that house them have decreased in recent years, the average length of stay for young people has more than tripled between 2015 and 2025.
House Bill 4890, also known as Ashley’s Law, creates a process for children in the custody of the federal Office of Refugee Resettlement who have been abused, neglected or abandoned by one or both parents to receive court-ordered services when they file for dependency. Previously, unaccompanied immigrant children in Illinois were only able to access the legal protections they are entitled to via custody or a guardianship petition but not while in federal immigration custody. Castro’s law makes this process clearer by allowing children to receive those protections when ordered by a court.
An unaccompanied child under Castro’s law will also be eligible to access psychological, educational, medical and social services deemed necessary by court order, creating better mental and physical health outcomes for the child.
“Under the Trump administration, we have seen attacks on immigrant children skyrocket. Many of our clients are now spending 6 months to a year in federal custody, because the government refuses to release them with their parents and family,” said Cecilia Mendoza, associate director of government relations for the National Immigrant Justice Center. “At the same time, children are facing accelerated court hearings with little to no due process protection, leaving many children vulnerable to deportation despite being eligible for protection. Thanks to Ashley's Law, our clients will have a chance to seek protection in spite of all these challenges. In a climate where the federal government has undermined basic principles of fairness, these children will finally experience a glimmer of justice."
House Bill 4890 was signed into law earlier this month and took immediate effect.
