Division of Unaccompanied Children s Services
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1 Division of Unaccompanied Children s Services FY2008
2 Who are Unaccompanied Alien Children? Homeland Security Act of 2002 Section 462 Under 18 years old No lawful immigration status in US Without a parent /legal guardian in US who is available to provide care and physical custody.
3 Guiding Principles From Flores Settlement Agreement Least restrictive setting Prompt & Safe Release from custody
4 Family Reunification Approximately 65% of all children in ORR custody are reunified with family or family friends in the U.S.
5 Family Reunification Ensuring Safety of Child& Suitability of Sponsor All Potential Sponsors Must Have a clean background check; Have enough income to support the child; Be committed to the child s safety and wellbeing, including enrollment in school. Ensure the child will appear at all future immigration court hearings and DHS appointments.
6 Special Considerations- Home Suitability Assessment Chinese and Indian children Sponsors with special concerns Children with special needs Undocumented relatives who are NOT parents, grandparents, or adult siblings
7 Daily Average Number of Children in DUCS Care June 2007 = 1466 June 2008 = 1435
8 Number of Children Referred to DUCS Hotline June 2007 = 708 June 2008 = 616
9 Children s Home Countries in 2008 Honduras 29% Guatemala 27% El Salvador 25% Mexico 11% Ecuador 3% Nicaragua, Brazil, Haiti, Cuba, Peru, Dominican Republic, Colombia, Guyana, India, China
10 Children s Length of Stay in DUCS June 2007 = 52 June 2008 = 50
11 Male to Female Children Fiscal Year (Oct-Sept) (through June 2008) Male 76% 77% Female 24% 23%
12 Number Beds by City and Facility Type
13 UAC in DUCS Custody by Day Number of UAC Funded Capacity Mar May Jul Sep Nov Jan Mar May Jul Sep Nov Jan Mar May Jul Sep Nov Jan Mar May Jul Sep-08 *Intakes Data
14 Number of Beds by State Texa s 940 Arizona 168 California 122 Florida 117 Illinois 69 Washington 40 Indiana 27 New York 24 Virginia 5 Oregon 5 (as of August 12, 2008)
15 Shelter Beds -1228
16 Number of Beds by Facility Type (as of August 12, 2008) Shelter 1228 Secure 48 Secure Therapeutic 5 Staff Secure 73 Foster Care 153 Residential Treatment 10 TOTAL 1517
17 Legal Access 93 percent of asylum claims are denied when the asylum seeker does not have legal representation; by contrast, only 64 percent of claims are denied when the asylum seeker does have representation. 462 HSA: develop a plan to ensure timely appointment of legal counsel for all UAC in ORR custody
18 Vera Institute for Justice Pilot Project What is the best model for ensuring representation for all UAC?
19 Achievements of Project EOIR and DUCS data sharing First time UAC identifiers matched with immigration court records Vera s own database just for legal service provider subcontractors 2 years of data analysis
20 More achievements Fund nonprofit legal service providers - 87% of DUCS beds Court Preparation National Center for Refugee & Immigrant Children: improve representation of UAC upon release
21 Know Your Rights presentations 86% of UAC: 14 days of arrival 90% of UAC : before the master calendar hearing Modified KYR for young children in foster care
22 More Achievements Immigrant Children s Advocacy Pilot NO authority for IJ to appoint GAL NO BID in removal proceedings (if not supported by INA) Develop a model; show benefits and challenges of providing UAC with a GAL/CPA 2 years=133 UAC assigned GAL; 96% in Chicago Now TA to other legal service providers U of Chicago evaluation
23 Lessons Learned (so far!) Pro Bono often inefficient/ineffective Only 4% of UAC screened placed with pro bono attorneys Children want more contact with their attorneys, but limited funding Only compelling cases get full representation Need seamless referral to another attorney when leave government custody Need trained social workers to help attorneys
24 Recommendations Continuity of funding for legal access and counsel to UAC in custody Better exchange of information/documents to attorneys Shelter locations near cities with legal service and language resources Shelter locations where children are released and reunified -79% UAC now housed in Texas & Arizona -83% of released UAC go to CA, TX,NY, FL, MD, VA, NJ, NC, GA, MA & IL. Long term foster care near large shelters
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