The Inter-American Court and the Inter-American Commission have referred extensively on this topic, the former through a set of sentences judgments and advisory opinions; while the last one through reports on countries, cases, and more recently, through a report on inter-American standards on this topic. Here after I will mention some relevant aspects. The Inter-American Court has stated that the minimal guarantees for the due process apply to any persons, regardless of age and condition of residence in the country, which means that a migrant person with an irregular legal situation in a country has the same opportunity as any other person to defend her or his interests. Therefore, the state must respect and guarantee those minimal guarantees during all the process, which implies: 1. The Right to be notified of the existence of a procedure and the adopted decision or judgement during the migration process. 2. The Right to a migration process lead by a specialised judge or official. 3. The Right to be heard and to participate throughout the different procedural steps. 4. The Right to be assisted by a translator or interpreter for free. 5. Effective access to consular communication and assistance. 6. The Right to be assisted by a legal representative and to communicate freely with the legal representative. 7. The Right to an adopted decision duly justified (informed, underpinned). 8. The Right to appeal against the decision either to a judge or a higher court with suspensory effect. 9. Right to be tried within a reasonable time. Regarding the detention for migratory motives, the Inter-American Court on its Advisory Opinion on migrant children mentions that “States may not resort to the deprivation of liberty of children who are with their parents, or those who are unaccompanied or separated from their parents, as a precautionary measure in immigration proceedings; nor may States base this measure on failure to comply with the requirements to enter and to remain in a country, on the fact that the child is alone or separated from her or his family, or on the objective of ensuring