Border Crisis: Update on Unaccompanied Children

Similar documents
Child Migration by the Numbers

Summary of the Issue. AILA Recommendations

TVPRA 2008 & UACs. Sponsored by Houston UAC Task Force. University of Houston Law Center Immigration Clinic, Joseph A.

Division of Unaccompanied Children s Services

Apprehensions of Unauthorized Migrants along the Southwest Border: Fact Sheet

HALFWAY HOME: Unaccompanied Children in Immigration Custody

How the Unaccompanied Minor Crisis Is Affecting the State Courts

Detention and Release of Unaccompanied Children

Summary of Emergency Supplemental Funding Bill

The Texas Two Step: Protecting Abused Immigrant Children under State and Federal Law

Unaccompanied Alien Children: Demographics in Brief

Statement of. JAMES R. SILKENAT President. on behalf of the AMERICAN BAR ASSOCIATION. for the record of the hearing on

UNACCOMPANIED CHILDREN Agency Efforts to Identify and Reunify Children Separated from Parents at the Border

Statistical Analysis Shows that Violence, Not U.S. Immigration Policies, Is Behind the Surge of Unaccompanied Children Crossing the Border

Unaccompanied Alien Children: An Overview

Further, we ask that you consider the following steps to help ensure that refugees have access to counsel and are able to have their day in court:

July 26, A Humanitarian Call to Action: Unaccompanied Alien Children at the Southwest Border

WOMEN AND CHILDREN AT THE BORDER

Asylum Removal and Immigration Courts: Definitions to Know

Unaccompanied Alien Children: An Overview

Mariana s Story. Unaccompanied Children: The Journey from Home to Appearing before the Immigration Court in the United States

Annual Report. Immigration Enforcement Actions: Office of Immigration Statistics POLICY DIRECTORATE

STATEMENT FOR THE RECORD. An Administration-Made Disaster: The South Texas Border Surge of Unaccompanied Minors. Submitted to the

A LONG AND DANGEROUS ROAD: HOW FUNDERS CAN RESPOND TO THE SURGE MIGRATING TO THE UNITED STATES OF UNACCOMPANIED CHILDREN

The 2,000 Mile Wall in Search of a Purpose: Since 2007 Visa Overstays have Outnumbered Undocumented Border Crossers by a Half Million

Q&A: DHS Implementation of the Executive Order on Border Security and Immigration Enforcement

A LONG AND DANGEROUS ROAD: HOW FUNDERS CAN RESPOND TO CHILDREN MIGRATING TO THE UNITED STATES THE SURGE OF UNACCOMPANIED

Central American Women and Children Migrants and Refugees to and through Mexico

Central American Children in Removal Proceeedings: A General Overview. ABA Commission on Immigration Oct. 1, 2014

What is the Definition of an Unaccompanied Alien Child under U.S. Federal Law?

Office of Inspector General

Unaccompanied Immigrant Youth in Alameda County: Building Communities of Support

Rep. Pete Sessions (R-TX): Families First Act of Introduced 6/22/2018. Introduced 6/22/2018

STATEMENT OF. RONALD D. VITIELLO Deputy Chief Office of the Border Patrol U.S. Customs and Border Protection U.S. Department of Homeland Security.

Advocating for the Rights of Migrating Children. Copyright U.S. Committee for Refugees and Immigrants 2012, All Rights Reserved Trademark pending

The Legal Landscape for Unaccompanied Children... 2 Statistics... 4

SUMMARY AND ANALYSIS OF DHS MEMORANDUM Implementing the President s Border Security and Immigration Enforcement Improvements Policies

=======================================================================

Unaccompanied Alien Children: An Overview

ADVANCES IN U.S.-MEXICO BORDER ENFORCEMENT A Review of the Consequence Delivery System

Separated Children Placed in Office of Refugee Resettlement Care

Defending Immigrant Children in Removal Proceedings. Elizabeth Frankel The Young Center for Immigrant Children s Rights at the University of Chicago

November 5, Submitted electronically at Dear Assistant Director Seguin:

Oversight of Immigration Enforcement and Family Reunification Efforts

WRITTEN STATEMENT BY. Kimberly Haynes, Director of Children s Services Lutheran Immigration and Refugee Service On

Unaccompanied Immigrant Children

IMMIGRATION OPTIONS FOR UNDOCUMENTED CHILDREN & THEIR FAMILIES

Dramatic Surge in the Arrival of Unaccompanied Children Has Deep Roots and No Si...

2015 ANNUAL OUTCOME GOAL PLAN (WITH FY 2014 OUTCOMES) Prepared in compliance with Government Performance and Results Act

NOT FOR REPRODUCTION. Advocating for Children from Immigrant Families: Assessing for Immigration Relief

Immigration Relief for Unaccompanied Minors

because it does not seek information regarding the implementation of the Settlement Agreement.

M U YL D AS NTION AN DETE

Unaccompanied Alien Children: An Overview

Streamline: Measuring Its Effect on Illegal Border Crossing

OVERVIEW OF THE DEPORTATION PROCESS

THE ROLE OF THE HOUSTON COMMUNITY

Hot Topics in Immigration Law

Immigration Law Overview

NAVAL POSTGRADUATE SCHOOL THESIS

SUMMARY OF LEAKED, DRAFT REPORT DETAILING DHS PROGRESS ON IMPLEMENTATION OF BORDER ENFORCEMENT EXECUTIVE ORDER

John Hellerstedt, MD Commissioner Department of State Health Services. April 21, 2016

ST. FRANCES CABRINI CENTER FOR IMMIGRANT LEGAL ASSISTANCE Presenter: Wafa Abdin, Esq.

What Does the Upsurge in the Numbers of Unaccompanied Immigrant Children Entering the United States Mean for the State Courts

A Plan to Address the Humanitarian and Refugee Crisis on the Southern Border and in Central America

Ranking Member. Re: May 22 hearing on Stopping the Daily Border Caravan: Time to Build a Policy Wall

October 29, 2018 MEMORANDUM FOR THE PRESIDENT

Results of Unannounced Inspections of Conditions for Unaccompanied Alien Children in CBP Custody

July 2, 2018 COMMUNITY TEACH-IN. Stefania Arteaga Rebecca O Neill, Immigration Attorney for CCLA

The reality on the border differs widely from Trump s crisis description

UNITED STATES OF AMERICA

Unaccompanied Child Migrants in the United States: How Are They Faring?

14 facts that help explain America's child-migrant crisis - Vox

Flores Settlement Agreement & DHS Custody

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Recent Trends in Immigration Enforcement

Unaccompanied Alien Children Legal Issues: Answers to Frequently Asked Questions

RISE IN APPREHENSIONS AT THE SOUTHERN BORDER

No IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. JENNY LISETTE FLORES, et al., Plaintiffs-Appellees,

CGRS Statement for Hearing: The 2014 Humanitarian Crisis at Our Border: A Review of the Government s Response to Unaccompanied Minors One Year Later

JTIP Handout:Lesson 34 Immigration Consequences

AMERICAN IMMIGRATION LAW FOUNDATION DHS ANNOUNCES UNPRECEDENTED EXPANSION OF EXPEDITED REMOVAL TO THE INTERIOR

Legal strategies for undocumented immigrants and immigrant victims of domestic violence

Unaccompanied Migrant Children

Testimony of. Most Reverend Mark J. Seitz Bishop of El Paso, Texas. Before. The Senate Committee on Homeland Security & Governmental Affairs

Case 2:18-cv MJP Document 15-6 Filed 07/02/18 Page 1 of 7

FY 2015 Statistics Yearbook

STATEMENT OF JOHN MORTON DIRECTOR U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT REGARDING A HEARING ON IMMIGRATION ENFORCEMENT BEFORE THE

One Size Fits All: Unaccompanied Alien Children and the Right to Appointed Counsel

Esperanza hope amid immigration crisis

Officer for Civil Rights and Civil Liberties. 245 Murray Lane, SW 245 Murray Lane, SW Washington, DC Washington, DC 20528

Backgrounders. The U.S. Child Migrant Influx. Author: Danielle Renwick, Copy Editor September 1, Introduction

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

8 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

MIGRATION FLOWS REPORT IN CENTRAL AMERICA, NORTH AMERICA, AND THE CARIBBEAN

Unaccompanied Alien Children: Policies and Issues

Executive Summary: Mexico s Other Border

AMERICAN BAR ASSOCIATION ADOPTED BY THE HOUSE OF DELEGATES AUGUST 8-9, 2011 RESOLUTION

S Helping Unaccompanied Minors and Alleviating National Emergency Act (HUMANE Act) Senator John Cornyn (R-Texas), introduced July 15, 2014

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Petitioners-Plaintiffs,

Transcription:

Border Crisis: Update on Unaccompanied Children REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES (RAICES) JONATHAN RYAN, EXECUTIVE DIRECTOR AMERICAN BAR ASSOCIATION, COMMISSION ON IMMIGRATION SOUTH TEXAS PRO BONO ASYLUM REPRESENTATION PROJECT (PROBAR) MICHELLE QUINTERO MILLAN, SUPERVISING ATTORNEY

Who is an unaccompanied alien child? Section 462 of the Homeland Security Act of 2002 (6 USC 279) defines an unaccompanied alien child (UAC) as a child 1) Who has no lawful immigration status in the United States; 2) Who has not reached 18 years of age; and 3) With respect to whom - a) There is no parent or legal guardian in the United States or - b) There is no parent or legal guardian in the United States available to provide care and physical custody.

Where are the children from? Percentage by Country, as of May 2014 Guatemala 37% El Salvador 26% Honduras 30% Mexico 3% Ecuador 2%

Why are the children coming? Fleeing violence According to 2013 UN Study, Central America and Southern Africa are the sub-regions with the highest homicide rates on record Lack of employment and education opportunities Abuse, abandonment, and/or neglect

Long-term trends in numbers Year 2009 3,304 Number of UACs from Northern Triangle 2010 4,444 34% 2011 3,933-11% 2012 9,696 146% 2013 20,805 114% 2014 50,303 141% % Increase over prior year

What sparked the media storm? When numbers increased, the Department of Homeland Security was unable to quickly place children in ORR shelters Because Border Patrol stations are not meant to house children long-term issues arose regarding the suitability of the facilities Even though UACs have been in our midst for years, the dramatic increase in numbers over the summer drew much attention

Recent Increases in Unaccompanied Minors Between October 2013 and July 2014, 57,000 children (including Mexican children) were processed by Customs and Border Protection at the Southwest border. This is more than double the number of children apprehended in FY 2013.

Southwest Border UAC Apprehensions Sector Fiscal Year 2013 Fiscal Year 2014 % Change Big Bend Sector 122 244 100% Del Rio Sector 1,943 3,150 62% El Centro Sector 396 612 55% El Paso Sector 693 945 36% Laredo Sector 3,503 3,629 4% Rio Grande Sector 19,247 48,475 152% San Diego Sector 589 877 49% Tucson Sector 8,480 7,867-7% Yuma Sector 236 328 39% Southwest Border Total 35,209 66,127 88%

Unaccompanied Alien Children Encountered by Fiscal Year Country Fiscal Year 2009 Fiscal Year 2010 Fiscal Year 2011 Fiscal Year 2012 Fiscal Year 2013 Fiscal Year 2014 El Salvador 1,221 1,910 1,394 3,314 5,990 15,800 Guatemala 1,115 1,517 1,565 3,835 8,068 16,528 Honduras 968 1,017 974 2,997 6,747 17,975 Mexico 16,114 13,724 11,768 13,974 17,240 14,702

Unaccompanied Alien Children Encountered by Fiscal Year Country Fiscal Year 2009 Fiscal Year 2010 Fiscal Year 2011 Fiscal Year 2012 Fiscal Year 2013 Fiscal Year 2014 El Salvador 1,221 1,910 1,394 3,314 5,990 15,800 Guatemala 1,115 1,517 1,565 3,835 8,068 16,528 Honduras 968 1,017 974 2,997 6,747 17,975 Mexico 16,114 13,724 11,768 13,974 17,240 14,702

What happens to the Mexican children? Children from contiguous countries are treated differently than children from noncontiguous countries (Section 235 of 2008 TVPRA) Mexican children who do not appear to be victims of trafficking and do not express fear of return are quickly returned to Mexico Obvious problems with this approach

Apprehension by DHS DHS Custody Classified & Processed ORR

What happens after the children are apprehended? After arrival, children are given a health screening and are issued a Notice to Appear. The filing of this Notice commences immigration proceedings. After apprehension, screening, and classification, children are placed in ORR shelters

What is the legal basis for this process? In 1997, a lawsuit was brought on behalf of unaccompanied minors, resulting in the Flores Settlement The settlement: States that immigration authorities shall place detained minors in the least restrictive setting appropriate Dictates the child shall be released from immigration custody unless there are safety concerns or detention is required to secure appearance in court Sets minimum standards for licensed programs housing the children Gives minors access to attorney-client visits 2003: Care of children was transferred from INS to ORR

Office of Refugee Resettlement HHS U.S. Department of Health and Human Services ACF Administration of Children and Family Services ORR Office of Refugee Resettlement DCS Division of Children Services Protection and Services for Children Since March 1, 2013, ORR is responsible for the care, placement, and release of UACs.

ORR Custody After apprehension, children are transferred to child detention facilities where they receive medical care, food, shelter, clothing, school classes, and legal presentations and screenings Children routinely report being happy and welltaken care of in these facilities

Where are the children held? There are 114 shelters for the children nationwide, with a total of 7,210 beds ORR stated in May that average length of stay is about 35 days Children are sometimes shifted around from one shelter to another before being reunified with a sponsor

How are children released from ORR custody? Children are released from the shelter to an adult if a suitable sponsor is found Sponsor can be a relative or a family friend Sponsors undergo fingerprint checks and must submit packet of information for everyone in household After release from the shelter, children remain in immigration proceedings

Release data from January 1 to July 31 2014 (states with over 500 UACs released) State # of UAC Alabama 515 California 3909 Florida 3809 Georgia 1412 Louisiana 1275 Maryland 2804 Massachusetts 989 New Jersey 1877 New York 4244 North Carolina 1429 Tennessee 909 Texas 5280 Virginia 2856 Total (including deleted states) 37477

Role of Attorneys Even though these children are well, children, they are considered enforcement priorities by the government In order to avoid deportation, child must win a legal case or receive a grant of prosecutorial discretion Immigration law is very difficult for anyone especially a child to navigate Unlike defendants in criminal proceedings, respondents in immigration proceedings are not appointed lawyers

Identifying Legal Relief Know Your Rights Presentation Legal Intake Screening Court Preparation and Pro Se Workshops Legal Analysis

Decreases in July and August Unaccompanied children Adults with children January 3,706 2,286 February 4,845 3,282 March 7,177 5,752 April 7,702 6,511 May 10,580 12,772 June 10,622 16,329 July 5,501 7,405 August 3,141 3,295

Why the sharp decreases? The short answer: we don t know. It s only been two months, and things could change at any moment. Possible answers: US initiatives Increased enforcement of Mexico-Guatemala border Weather Start of school year

Developments on the Horizon JEFM v Holder: class action suit filed by WIRP, the ACLU, AIC, Public Counsel, and K&L Gates seeking legal representation for children in immigration proceedings DOJ partnership with AmeriCorps will allow for about 100 members to represent kids under age 16 in immigration court

References http://www.acf.hhs.gov/programs/orr/programs/ucs/state -by-state-uc-placed-sponsors https://www.acf.hhs.gov/sites/default/files/orr/unaccomp anied_childrens_services_fact_sheet.pdf http://www.dhs.gov/unaccompanied-children-southwestborder http://www.dhs.gov/news/2014/09/08/statementsecretary-johnson-about-situation-along-southwest-border http://www.unodc.org/documents/gsh/pdfs/2014_globa L_HOMICIDE_BOOK_web.pdf http://immigrantchildren.org/cases/flores%20case/fl ores%20procedural%20docs/floresstpultdsetlmt%20agm T.pdf