Earlier this year, ProBAR attorneys learned that a number of their recent unaccompanied children clients were scheduled for asylum interviews. The two clients, a girl from Honduras and a boy from Egypt who both arrived unaccompanied to the U.S. in 2024, were not expected to have their interviews for at least a year.
This shift comes as a result of the fast changing immigration landscape. Specifically, two significant updates to the immigration system: the regression to the policy of “Last In, First Out” (LIFO) by USCIS, and the J.O.P. v. DHS class action lawsuit.
According to USCIS, as of 2021, 600,000 asylum applications were still pending a decision, and of this number of applicants, 94% had not received an interview yet. LIFO sought to reduce the wait time for the asylum applications, by swiftly processing cases as they arrive, and relaying applicants who do not qualify for asylum to immigration court (a separate immigration system). Despite this approach, the wait time for new applicants is still more than a year.
However, the two unaccompanied children clients represented by ProBAR were aided indirectly by the J.O.P. v. DHS class action lawsuit and its settlement agreement. The lawsuit challenged a 2019 policy by the Department of Homeland Security that would have prevented a group of unaccompanied minors from applying for asylum. A settlement was reached, and any unaccompanied child could become a J.O.P. class member if eligible and if their application was filed before the deadline of February 24th, 2025.
Both ProBAR attorneys had filed their clients’ applications prior to February 24th, and this resulted in their asylum interviews being scheduled for April 2025. However, they both still encountered challenges along the way.
For instance, Samuel Phipps, a ProBAR staff attorney based in Harlingen representing Boutros*, the 17-year-old boy from Egypt, was only given two weeks’ notice of the interview. “We had to request a reschedule which still pushed it out only a few weeks, necessitating a lot of long workdays to get ready in time,” explains Phipps. Luckily, with assistance from his colleagues who aided him with research and paperwork, he was able to build Boutros’ case and prepare his client for his interview.
Jocelyne Torres, a ProBAR staff attorney based in Houston who represents Monserrat*, the young girl from Honduras, was faced with an unexpected obstacle at the time of the interview. Despite Torres requesting a female officer for the interview, they were assigned a male officer. Torres chose to delay the interview until USCIS could assign them a female officer. “Due to the trauma [Monserrat] had experienced by a man… she would feel more comfortable giving her testimony to [a woman],” explains Torres. Thankfully, a few hours later the girl would be assigned a female officer.
Over the next two months, Torres and Phipps would work diligently to prepare their cases and clients despite logistical hurdles presented by USCIS, as a lot was at stake for these children. For Monserrat, who fled her country at just 12 years old to escape repeated sexual and physical abuse by her father, it meant feeling safe again. And for Boutros, who fled from Egypt at 16-years-old fearing for his life after the religious persecution and murder of his relatives, it meant securing religious freedom.
Both clients had their interviews in June 2025. And a few months later, while visiting the USCIS website, both attorneys would discover their clients had been granted asylum relief. “Obviously [it is] an incredible feeling…I was spinning around in my chair,” exclaims Phipps. “I love that I was there to help [Monserrat]… we were able to help her get relief, it will change her life,” says Torres.
According to DocketWise, of the 83% of applicants represented by counsel in 2024, 53% were granted asylum. Of the remaining 17% of applicants who lacked representation, only 19% were granted asylum. Without the efforts of the staff at ProBAR, who go the extra mile to ensure the safety of their clients, unaccompanied children would likely end up getting deported.
Since gaining asylum, Monserrat has been living comfortably with her mom. With her asylee status, she now has access to social services and benefits she did not have before. Boutros, who now lives with a foster family thanks to the Unaccompanied Refugee Minor (URM) program, has been studying English and Spanish, preparing to start his new life in the U.S. ProBAR remains its communication with both clients.
Despite facing an ever-changing immigration system, Torres and Phipps persevered in their work to positively change the lives of their clients, a work ethic that is emblematic of the ProBAR team. Thanks to their dedication and passionate advocacy, unaccompanied children will continue to have a fighting chance at securing asylum in the U.S.
*For the safety and privacy of ProBAR’s clients, names and certain details have been altered to preserve client confidentiality.
