Detention and Release of Unaccompanied Children

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Detention and Release of Unaccompanied Children

Who is a UC? Statistics Root Causes: crisis in Central America What happens when they arrive in the US? Current system for apprehension, processing Who s who in immigration What are their rights? Hieleras & civil rights Flores Settlement How does reunification work? What are the requirements for sponsors? How does a child find an attorney?

Who is an Unaccompanied Child (UC)? Unaccompanied Alien Child (UAC) defined by the Homeland Security Act of 2002 and the Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA): Under 18 years of age No lawful immigration status No parent or legal guardian in the U.S. available to provide care and physical custody A child who enters the U.S. without a valid entry document and who was not accompanied by a parent or legal guardian.

Staggering Numbers

Apprehension Agency must transfer an unaccompanied child (except in exceptional circumstances) to ORR within 72 hours of determining UAC status. (TVPRA 2008) Apprehension Questioning Charging Document

Hieleras and Civil Rights 6

Placement at ORR Facility: ORR Shelters for Unaccompanied Children

What happens at the ORR shelters? Placement at ORR facility within 72 hours of apprehension by CBP Assessment: biographic intake, medical exam, mental health evaluation Know Your Rights presentation, Legal Screening Identify sponsor and complete reunification Child released to the sponsor Child is referred to a Legal Service Provider

ORR Custody: Assessment: intake, medical exam, 9 mental health evaluation, access to education Four different types of facilities Immigration holding Adult detention Adult with child Children s shelter Services in children s shelters subject to Flores v. Reno settlement agreement Least restrictive setting possible More age appropriate settings, better access to health services (incl. mental health evaluation), education, and access to legal representation

Legal Services While Child is Detained Know Your Rights presentations (KYR) Legal screenings Child advocate program: The Young Center provides child advocates to exceptionally vulnerable UACs by trained child advocates to make best interest recommendations Friend of the court assistance in Immigration Court Legal orientation for sponsors program: Provides sponsors with basic information about the immigration system and their responsibilities.

Reunification Requirements 11 Release from ORR custody 5 Options: Reunification Transfer to Long Term Foster Care / Unaccompanied Refugee Minor Program Turns 18 either release on recognizance or transfer to DHS adult custody Voluntary Departure Deportation Documents and processes that ORR Requires: Family Reunification Application: Sponsor Care Agreement:

ORR considers the following factors, among others, when evaluating family members and other potential sponsors: The sponsor s plan to provide adequate care, supervision, access to community resources, and housing. Cat. 1: Parents and legal guardians Cat. 2: Immediate relatives The sponsor s strengths, resources, and mitigating factors in relation to any risks or special concerns of the child or sponsor, such as a criminal background, history of substance abuse, mental health issues, or domestic violence and child welfare concerns. Cat. 3: Distant relatives and nonfamily Additionally, ORR conducts individual home studies and checks state criminal history on a case by case basis. Source: Children Entering the United States Unaccompanied: Section 2 Safe and Timely Release from ORR Care Published: January 30, 2015 Public records check Sex Offender registry check NonSponsor adult household members Public records check Sex Offender registry check Public records FBI Fingerprints Sex offender registry Immigration Status Public records FBI Fingerprints Sex offender registry Immigration Status CA/N check

Where do the children go? 13 State County # Released* CA Los Angeles 3,217 FL Miami-Dade 1,203 FL Palm Beach 1,148 MD Prince George s 1,281 NY Nassau 1,072 NY Suffolk 1,322 TX Harris 3,144 TX Dallas 1,001 VA Fairfax 1,176 *As of end of Aug. FY2016 YTD http://www.acf.hhs.gov/programs/orr/unaccompanied-childrenreleased-to-sponsors-by-county

What happens after the child is released? Sponsors are required to care for the child, including enrolling the child in school The child must attend hearings before the Immigration Court Some may qualify for humanitarianbased immigration relief and can obtain direct representation

Post release services: ORR Legal Access Project Child is released to sponsor A referral is made via Vera to an LSP in the city where child/sponsor live LSP sets up an appointment with child and sponsor to screen for potential legal relief Representation may be undertaken Representation includes appearances and filings at Immigration Court, State Court (if necessary), and before USCIS Representation does not include direct payment of filing fees and other expenses

QUESTIONS & CONTACT INFO Carolina Rodriguez crodriguez@supportkind.org (832) 832-241-7025

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