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