On June 25, 2026, Senator Ron Wyden (D-Ore.) sent a sharply worded letter to Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr., accusing the agency of constructing an "unprecedented legal framework" to deport over 500 unaccompanied migrant children. The minors, currently held by the Office of Refugee Resettlement (ORR), are classified under "Category 4," meaning they have been in federal custody for over six months without any viable U.S. sponsor.

Wyden claimed to have received "credible information" that HHS is utilizing a specific list of more than 500 children as targets for an expedited administrative removal process. He argued that this internal process lacks proper statutory authority and represents an "escalation of executive overreach." The senator demanded that the agency immediately halt any screening or removal efforts, expressing concern over the fate of these unsponsored minors.

According to the letter, all the children on the list have been in federal custody for at least 180 days and are placed in long-term foster care settings across the United States. Category 4 children represent a complex administrative challenge, as they lack any relatives or vetted individuals in the country willing or able to sponsor them. Managing these long-term cases incurs significant administrative responsibilities for the federal government.

Wyden raised concerns regarding due process, noting that the vast majority of these children are represented by legal counsel. He warned that moving forward with removals without involving their designated attorneys would constitute a "severe breach of due process." He also noted that the planned removals could return the children to unstable environments in Guatemala, Honduras, El Salvador, and Afghanistan.

"This is a severe institutional failure that places hundreds of vulnerable children in immediate jeopardy, effectively erasing them from the protection of US oversight and thrusting them back into danger," Wyden wrote. He accused the administration of trying to "weaponize" an agency whose traditional statutory mission has focused on child welfare.

The senator also pointed to the timing of the alleged removals, noting that they coincide with a June 30, 2026, deadline for immigration courts to conclude the children’s cases. Wyden alleged that HHS is using a parallel internal screening process to preempt judicial rulings and expedite the resolution of these long-standing cases. "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," the senator wrote.