Continued Protection Measures Needed for Undocumented Migrant Children Not Responsible for Their Status
- NHRCK Calls for Continued Protection of Undocumented Migrant Children in Policy Recommendations to the Minister of Justice -
□ The National Human Rights Commission of Korea (NHRCK) recommended to the Minister of Justice on March 17, 2025, that the ongoing residency status program for undocumented migrant children—originally introduced to prevent human rights violations—should be continued. Additionally, the Commission urged authorities to actively review and address identified challenges in the implementation process to enhance the program’s effectiveness.
□ In March 2020, the NHRCK recommended that the Ministry of Justice halt the forced deportation of long-term undocumented migrant children and establish a legal framework allowing them to apply for residency if they wished to remain in Korea. In response, the Ministry of Justice introduced the “Conditional Relief Measure for Undocumented Children Born in Korea” in April 2021. However, the NHRCK expressed concerns that the eligibility criteria and program duration were too limited.
□ Recognizing these concerns, the Ministry of Justice expanded the policy on January 20, 2022, under the “Residency Permit Program for Long-Term Undocumented Migrant Children” (hereinafter referred to as the “Relief Measure”). This expansion provided a legal pathway for undocumented migrant children who have been educated and socially integrated in Korea to obtain lawful residency status.
○ This change was largely driven by the NHRCK’s recommendation, which emphasized that:
- These children bear no responsibility for their undocumented status, as they were brought to Korea by their parents,
- They have developed a Korean identity through the public education system, and
- Many lack linguistic and cultural ties to their parents' country of origin, making forced deportation excessively harsh and detrimental to their well-being.
○ As of January 2025, only 1,131 children have successfully obtained residency status under the Relief Measure, significantly lower than the estimated 6,169 undocumented migrant children under the age of 19 in Korea. Furthermore, the program is set to expire on March 31, 2025
□ To better understand the low application rate, the NHRCK conducted a monitoring project on the implementation of the residency program from August to December 2023, collecting 40 case studies.
○ The findings revealed positive impacts for children who secured residency status, including:
- Removal of deportation fears and improved stability in daily life,
- Access to national health insurance, significantly reducing medical expenses,
- Opportunities to actively participate in school activities, such as library access and school trips,
- Ability to open bank accounts, obtain mobile phone contracts, participate in volunteer activities, and take certification exams.
□ However, the study also identified several critical barriers in the application process and post-approval conditions:
- Rigid eligibility requirements, making it difficult for some children to qualify,
- Burdensome documentation requirements, including passports, which many undocumented families struggle to obtain,
- A high financial burden, as parents must pay fines of up to 9 million KRW (approximately USD 6,800) per parent in a single lump sum,
- Inconsistencies within families, where some siblings qualify for residency while others do not,
- Lack of a pathway for residency renewal, forcing children to leave Korea after high school due to restrictions on changing to an employment visa,
- Financial barriers to higher education, as undocumented students must prove financial ability (USD 18,000–20,000) to enroll in universities.
□ The NHRCK emphasized that, as a signatory to the UN Convention on the Rights of the Child, the Republic of Korea must uphold the principle of the best interests of the child, ensuring the right to survival, education, and protection. The residency policy for undocumented migrant children is a crucial public support system, and therefore, should not be discontinued but rather improved to address identified shortcomings.
□ The NHRCK reaffirmed its commitment to advancing the rights of all children, including migrant children, and will continue working towards stronger protections for their well-being and security.
