Unaccompanied Children Issue Brief

Unaccompanied Children Issue Brief

Texas Interfaith Center for Public Policy June 2014

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Central American immigrant children arriving in Texas What is happening In the last few months, the number of unaccompanied minors--children coming into the United States unaccompanied by their parents, and without visas--has increased greatly. Between January and June 2014, 52,193 such children have entered the United States. This is double the number of unaccompanied children that entered the United States in all of 2013.1 Of those that entered in 2014, 37,621 children were found in the Rio Grande Valley of South Texas.2 Who are these children and why are they coming to the United States? More than 75 percent of these unaccompanied children are coming from Guatemala, Honduras, and El Salvador--the “Northern Triangle” of Central America.3 The reasons are complex, but the United Nations and human rights organizations report that there has been an increase of violence in these countries over the past several years.4 Other countries in the region, such as Mexico, Nicaragua, and Belize, have seen a more than 700 percent increase in unaccompanied minors from the Northern Triangle. The violence is both gang-related and state sanctioned. In Guatemala, Honduras, and El Salvador, many local police and government officials are deeply involved in organized crime and violence associated with it. This hostile environment is stacked against those seeking justice and is especially dangerous for children who are targeted by gangs for recruitment and trafficking. Jobs outside of agriculture and the drug trade are slim, and more than half of the population of these countries live in poverty. Where are the children now? These children are placed in detention centers and temporary facilities at military bases in Texas, California, and Oklahoma.5 Under U.S. law, immigrant children in the U.S. with neither permission nor adult guardians must be “promptly placed in the least restrictive setting that is in the best interest of the child.”6 1 http://www.cbp.gov/newsroom/stats/southwest-border-unaccompanied-children 2 http://www.cbp.gov/newsroom/stats/southwest-border-unaccompanied-children 3 http://www.cbp.gov/newsroom/stats/southwest-border-unaccompanied-children 4http://www.unhcrwashington.org/sites/default/files/UAC_UNHCR_Children%20on%20the%20Run_Full%20Report.pdf 5 http://www.acf.hhs.gov/unaccompanied-children-frequently-asked-questions 6 8 U.S.C. § 1232(b)(2)



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· About 3,000 temporary beds have been set up at military bases to house children while more permanent shelter is located, usually within a month. Lackland Air Force Base in San Antonio has the capacity to hold 1,100 children.7 · 85 percent of children under the care of the ORR are released to family or family friends in the United States during their immigration proceedings. The ORR is responsible for making sure that these living conditions meet certain standards.8 · Of the children who are reunified with their families or family friends, 14% stay in Texas. Children who are not reunified are placed in shelters run by nonprofits. There are around 3,000 such beds in Texas. · On average, children spend 2 to 3 years in immigration proceedings while in ORR care. Immigration processes for unaccompanied minors In the U.S. Constitution’s Fifth and Fourteenth Amendments, all people, including non-citizens, in the United States are guaranteed the right to due process. Unaccompanied minors going through the immigration process interact with three departments: Homeland Security, Health and Human Services, and the Department of Justice. Typically, Border Patrol is the first agency with which unaccompanied children interact. Border Patrol falls under the Department of Homeland Security and is allowed to detain a child for 72 hours. If the child identifies an adult relative in the U.S., the agency may allow the child to leave under the supervision of that person; otherwise, Border Patrol turns the child over to the Office of Refugee Resettlement (ORR). Whether the child is released to a family member or to the ORR, they are given a “Notice to Appear,” which requires them to report to immigration court for removal proceedings. Although some receive pro bono aid, these children are not guaranteed legal counsel. A new program, "justice AmeriCorps," will enlist 100 lawyers to provide legal assistance to the children. This program is under the direction of the U.S. Justice Department and the Corporation for National and Community Service (CNCS).9 The ORR falls under the Department of Health and Human Services and is responsible for ensuring the welfare of each unaccompanied minor while they undergo immigration proceedings. About 85 percent of these children are reunified with their families or placed with a foster family. The remaining children are placed in shelters. While under the care of the ORR, unaccompanied minors undergo immigration proceedings in

7 http://www.acf.hhs.gov/unaccompanied-children-frequently-asked-questions 8 http://www.acf.hhs.gov/sites/default/files/orr/unaccompanied_childrens_services_fact_sheet.pdf 9 http://www.nationalservice.gov/newsroom/press-releases/2014/justice-department-and-cncs-announce-new-partnership-enhance



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an immigration court which is part of the Department of Justice. If the child can prove that they would face persecution or torture in their home country, they can be granted asylum in the U.S. Some children also qualify for “Special Immigrant Juvenile” status if they have been abused, abandoned, or neglected in their home country. Both asylees and minors who receive Special Immigrant Juvenile status are placed under the oversight of the U.S. Department of Homeland Security’s Citizenship and Immigration Services. Children who are not granted asylum or Special Immigrant Juvenile status cannot stay in the country. They must report to Immigration and Customs Enforcement for deportation. While the United Nations estimates that 60 percent of unaccompanied minors in the United States qualify for relief from deportation, only about 1 percent receive asylum or Special Immigrant Juvenile status.

http://www.dhs.gov/unaccompanied-children-southwest-border What the federal government agencies are doing The president has asked FEMA to coordinate with immigration agencies to deal with this



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humanitarian crisis.10 The United States will also be increasing its aid to Central America by about $300 million to help combat the poverty and violence that motivate migration.11 What Texas governmental agencies are doing Texas’ Department of Public Safety is reallocating $1.3 million a week from other areas of its budget to border security; Attorney General Greg Abbott has requested $30 million from the federal Department of Homeland Security to cover costs associated with the influx of children.12 Learn how you can get involved today http://texasinterfaithcenter.org/article/how-you-can-help-humanitarian-crisis-border What faith groups are saying and doing Hebrew Immigrant Aid Society (HIAS): http://www.hias.org/en/post/29/hias-submits-statement-hearing-unaccompanied- United Methodist Church: http://www.umc.org/news-and-media/united-methodists-tending-to-immigrant-minors Evangelical Lutheran Church in America: http://www.elca.org/News-and-Events/7677 U.S. Conference of Catholic Bishops: http://new.usccb.org/news/2014/14-113.cfm Episcopal Church: http://library.episcopalchurch.org/article/testimony-behalf-episcopal-church-unaccompanied-alien-children-and-refugee-populations The Society of Jesus: http://www.jesuits.org/Assets/Publications/File/Myths%20and%20Facts%20on%20Central%20American%20Migration%20Surge.pdf Read more Vera Institute report: The Flow of Unaccompanied Children Through the Immigration System: A Resourse for Practitioners, Policy Makers, and Researchers by Olga Byrne and Elise Miller http://www.vera.org/sites/default/files/resources/downloads/the-flow-of-unaccompanied-children-through-the-immigration-system.pdf The UN Refugee Agency (UNHCR) report: Children on the Run: Unaccompanied Children 10http://www.dhs.gov/news/2014/06/02/statement-secretary-johnson-increased-influx-unaccompanied-immigrant-children-border 11 http://www.whitehouse.gov/the-press-office/2014/06/20/fact-sheet-unaccompanied-children-central-america 12 https://www.texasattorneygeneral.gov/files/epress/files/SecretaryJohnsonLetter.pdf



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Leaving Central America and Mexico and the Need for International Protection http://www.unhcrwashington.org/sites/default/files/1_UAC_Children%20on%20the%20Run_Full%20Report.pdf Congressional Research Service report (2007): Unaccompanied Alien Children: Policies and Issues by Chad C. Haddal http://www.rcusa.org/uploads/pdfs/CRS%20UAC%20Report%202007.pdf DHS Secretary Jeh Johnson’s testimony at Homeland Security hearing titled, ‘Dangerous Passage: The Growing Problem of Unaccompanied Children Crossing the Border.’: http://www.dhs.gov/news/2014/06/24/written-testimony-dhs-secretary-jeh-johnson-house-committee-homeland-security

Documents

Unaccompanied Children Issue Brief