UNACCOMPANIED MINORS
Every year, the Department of Homeland Security (DHS) apprehends several thousand
unaccompanied minors attempting to enter the United States. These children come to
the United States for a variety of reasons. Many are asylum-seekers who fled
persecution in their homelands and are seeking protection in the United States. Others
have been abused, neglected or abandoned by their parents. Almost all are detained
for some period of time, and many are eventually removed from the United States. The
number of unaccompanied children detained in the United States has more than
doubled over the last five years, rising from 2,375 in 1997 to 5,385 in 2001. On any
given day it is estimated that 500 children are held in U.S. detention.
Detention of unaccompanied minors has been sharply criticized by the U.S.
Conference of Catholic Bishops (USCCB). As Bishop Thomas Wenski has stated, "Our
nation must employ a policy which protects children in its custody and which pursues
their best interests." Detention rarely serves a child's best interests, particularly when
family members or social service agencies can better care for the child. Recently,
under the Homeland Security Act of 2002, the care and placement of unaccompanied
children was transferred from the former INS to the Office of Refugee Resettlement
(ORR) of the Department of Health and Human Services.
Although it is hoped that this transfer will ensure that more unaccompanied minors are
released to the care of family members or foster care families, the initial transfer has
faced many challenges. According to the Homeland Security Act, ORR has authority
over the care of unaccompanied minors. However, policy or procedures have yet to
be written out delineating this authority, and adequate funds for this program have not
been allocated to ORR. A memorandum of understanding between DHS and ORR
should help to clarify the authority ORR holds. CLINIC remains hopeful that in the long
run the transfer of care and placement to ORR will benefit children, as it eliminates the
conflict of interest that INS/DHS had when acting as a child's caregiver at the same
time that it sought his or her removal.
An additional obstacle faced by unaccompanied minors is access to legal
representation. Immigrants in removal proceedings can be represented by legal
counsel but "at no expense to the government." The majority of unaccompanied
children in the United States do not have legal representation. As a result, they are
forced to navigate a complex legal system alone, in a language that they do not
understand.
Solution
The detention of children should be avoided whenever possible. Unaccompanied
minors should be released to family members and foster care families as expeditiously
as possible. If necessary to detain them at all, they should be kept in shelter care
facilities that offer programs tailored to their unique vulnerabilities and developmental
needs. They should never be detained in facilities for juvenile offenders.
Unaccompanied minors should be appointed counsel during removal proceedings. They
should also have access to a guardian ad litem, a competent adult who can make
decisions on behalf of the child and help guide him or her. Many of these goals would
be accomplished through the passage of The Unaccompanied Alien Child Protection
Act of 2003, (S. 1129), legislation endorsed by the U.S. Conference of Catholic
Bishops. In addition, clear guidance delineating ORR's authority over the care of
minors, as set forth by the Homeland Security Act, should be established. ORR must
also be given adequate resources to carry out its new responsibilities.
Every year, the Department of Homeland Security (DHS) apprehends several thousand
unaccompanied minors attempting to enter the United States. These children come to
the United States for a variety of reasons. Many are asylum-seekers who fled
persecution in their homelands and are seeking protection in the United States. Others
have been abused, neglected or abandoned by their parents. Almost all are detained
for some period of time, and many are eventually removed from the United States. The
number of unaccompanied children detained in the United States has more than
doubled over the last five years, rising from 2,375 in 1997 to 5,385 in 2001. On any
given day it is estimated that 500 children are held in U.S. detention.
Detention of unaccompanied minors has been sharply criticized by the U.S.
Conference of Catholic Bishops (USCCB). As Bishop Thomas Wenski has stated, "Our
nation must employ a policy which protects children in its custody and which pursues
their best interests." Detention rarely serves a child's best interests, particularly when
family members or social service agencies can better care for the child. Recently,
under the Homeland Security Act of 2002, the care and placement of unaccompanied
children was transferred from the former INS to the Office of Refugee Resettlement
(ORR) of the Department of Health and Human Services.
Although it is hoped that this transfer will ensure that more unaccompanied minors are
released to the care of family members or foster care families, the initial transfer has
faced many challenges. According to the Homeland Security Act, ORR has authority
over the care of unaccompanied minors. However, policy or procedures have yet to
be written out delineating this authority, and adequate funds for this program have not
been allocated to ORR. A memorandum of understanding between DHS and ORR
should help to clarify the authority ORR holds. CLINIC remains hopeful that in the long
run the transfer of care and placement to ORR will benefit children, as it eliminates the
conflict of interest that INS/DHS had when acting as a child's caregiver at the same
time that it sought his or her removal.
An additional obstacle faced by unaccompanied minors is access to legal
representation. Immigrants in removal proceedings can be represented by legal
counsel but "at no expense to the government." The majority of unaccompanied
children in the United States do not have legal representation. As a result, they are
forced to navigate a complex legal system alone, in a language that they do not
understand.
Solution
The detention of children should be avoided whenever possible. Unaccompanied
minors should be released to family members and foster care families as expeditiously
as possible. If necessary to detain them at all, they should be kept in shelter care
facilities that offer programs tailored to their unique vulnerabilities and developmental
needs. They should never be detained in facilities for juvenile offenders.
Unaccompanied minors should be appointed counsel during removal proceedings. They
should also have access to a guardian ad litem, a competent adult who can make
decisions on behalf of the child and help guide him or her. Many of these goals would
be accomplished through the passage of The Unaccompanied Alien Child Protection
Act of 2003, (S. 1129), legislation endorsed by the U.S. Conference of Catholic
Bishops. In addition, clear guidance delineating ORR's authority over the care of
minors, as set forth by the Homeland Security Act, should be established. ORR must
also be given adequate resources to carry out its new responsibilities.
415 Michigan Ave., NE
Suite 150
Washington, DC 20017
202.635.2556
202.635.2649 fax
media inquiries:
e-mail me
(202) 635-5810
Suite 150
Washington, DC 20017
202.635.2556
202.635.2649 fax
media inquiries:
e-mail me
(202) 635-5810
Advocacy Topics
Alternatives to Detention
Asylees and Refugees
Asylum-Seekers
Barriers to Family Reunification
Board of Immigration Appeals
Border Enforcement and Immigrant
Deaths
Citizenship
Consular Identification Documents
Detention
Department of Homeland Security
Driver's License Restrictions
Immigration Processing Delays
Indefinite Detention
Legalization
Local Law Enforcement
Mandatory Detention
National Security and Immigration
Unaccompanied Minors
Undocumented Immigrants:
State/Local Initiatives
Video Conferencing
Voter Registration
Alternatives to Detention
Asylees and Refugees
Asylum-Seekers
Barriers to Family Reunification
Board of Immigration Appeals
Border Enforcement and Immigrant
Deaths
Citizenship
Consular Identification Documents
Detention
Department of Homeland Security
Driver's License Restrictions
Immigration Processing Delays
Indefinite Detention
Legalization
Local Law Enforcement
Mandatory Detention
National Security and Immigration
Unaccompanied Minors
Undocumented Immigrants:
State/Local Initiatives
Video Conferencing
Voter Registration
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