Transcript Number of Children in DUCS Care

Unaccompanied Immigrant Minors:
An Overview
Background
 Unaccompanied



Alien Child (UAC):
<18,
Has no lawful immigration status in the U.S.,
and
Has no parent or legal guardian in the country
present or available to provide care and
physical custody. 6 U.S.C. §279(g)(2)
• If neither a parent not legal guardian is with the
child at the time of apprehension – or within
geographical proximity – DHS classifies the child
as unaccompanied. This designation remains with
the child throughout removal proceedings.
Who are UAC?
From ORR/FY 2013
Countries of Origin
Sex
2%
2%
3%
27%
37%
Male
Female
30%
Guatemala
El Salvador
Honduras
Mexico
Ecuador
Other
73%
27%
Who are UAC?
From ORR/FY 2013
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Most are between 14 and 17 years old.
24% are under 14.
 In FY 2012, only 17% were under 14
 Children under 12 are the fastest growing group of
children arriving at the border
UAC come to the US:
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Fleeing from persecution or violence
To reunite with a family member already residing in the US
• i.e. Parents w/ TPS
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To escape extreme poverty or to study
Because they are trafficked/coerced
UAC Numbers
From ORR/FY 2013
60000
60000
50000
40000
30000
24668
20000
13625
10000
6092
7383
6855
FY 2009
FY 2010
FY 2011
0
FY 2012
FY 2013
FY 2014
(Projected)
Apprehension

Most minors are apprehended trying to cross the
U.S.-Mexico border or shortly after crossing by
Customs and Border Patrol (CBP)
Internal Apprehensions

Immigration arrest may take place at various
points during the juvenile or criminal justice
process.
 Sometimes, before initiating any charges in the
state system, local law enforcement will contact
ICE to report that a child who may be an
undocumented immigrant is in its custody.
 Other children go through juvenile delinquency
or criminal court proceedings and serve time in a
state or county facility, after which authorities
contact ICE.
Referral to ORR

If a person who appears to be a UAC is taken
into DHS custody, CBP or ICE places him/her in
a temporary DHS detention facility, ensuring that
he/she is not housed with unrelated adults.
Referral to ORR
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DHS officers attempt to determine whether the
person is younger than 18 and unaccompanied.
DHS can release a child to a parent or adult
relative, but many fear to come forward.
Once they determine that person is a minor and
unaccompanied, an officer interviews the child.
Referral to ORR is then made.
UAC should be transferred to ORR custody
within 72 hours of identification, but there are
delays during a surge
Mexico and Canada

Under the TVPRA, special rules apply to children who
come from Mexico and Canada.
 These children may request a hearing before an
immigration court judge or to return immediately to their
home country through a process called “voluntary
return.”
 If they choose the latter option, CBP conducts a
screening. Minor is referred to ORR if:
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He/she may have been a victim of trafficking or is at risk of being
trafficked if she/she returns to home country, or
He/she has credible fear of persecution, or
He/she is incapable of making an independent decision to
withdraw an application for admission into the U.S., or
DHS official cannot make a determination re: above criteria
within 48 hours.
Intake and Placement with ORR
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ORR maintains a network of shelters around the country.
Minors should be placed in the “least restrictive setting”
appropriate to their ages and special needs.
Facility types:
 Shelter
 Staff-secure
 Secure
 Transitional (short-term) foster care
 “Camps” and other emergency facilities (i.e. Port
Hueneme)
Minors are transferred to emergency shelter facilities
only if they pass the medical/mental health screening
and will be quickly reunified with a sponsor (normally a
parent).
SHELTER SERVICES
Classroom instruction
Vocational education
Medical services
Recreation
Group Therapy
Individual Counseling
Religious Services
Family Reunification
Release from ORR Custody

Average length of stay in ORR custody for FY 2013: 30
-35 days (down from 50 days in 2012)
5%
1%
3% 0%
Reunification with a
sponsor
Return to Country of
Origin
Age Out
Change in Immigration
Status
Run Away
91%
FAMILY REUNIFICATION
Order of Preference for
Sponsors:
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Parent “Category 1”
legal guardian
Adult relative
Individual/entity
designated by
parent/guardian
Licensed program
Adult individual/entity
when no other
alternative
Reunification Process

Interview child to ID special needs and potential
sponsors.
 Reach out to potential sponsors and parents/LG
 Required documentation:
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Proof of relationship between sponsor and minor
If sponsor is not parent or LG, parent or LG must
provide documentation of their relationship to minor
and a notarized letter designating the adult who will
care for the UAC upon release.
Family Reunification Packet (age, gender, address,
household composition, employment, immigration
status)
Fingerprints (criminal record, history of abuse)
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.

Family Reunification
 Case
Manager recommendation →
 Case Coordinator (CC) and FFS →
 CC separate recommendation →
 FFS release or home study or post release
services referral determination →
 Case Worker makes administrative referral
→ Home Study or post release follow-up
services provider
HOME STUDIES – FOLLOW UP
Post-release ORR case managers are assigned to
any case for which safety and well-being of UAC,
sponsor family unit, or community are
questionable
Mandatory TVPRA categories:
Victim of severe form of trafficking in persons
 Special needs with disability (ADA)
 Victim of physical or sexual abuse =health or welfare
significantly harmed
 Proposed sponsor presents risk
of exploitation or trafficking to child
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What happens if reunification is
not possible?
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If the minor qualifies for legal relief, they can be transferred to
federal long-term foster care (LTFC).
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Children who win relief in the following categories while in LTFC are
transferred to the Unaccompanied Refugee Minor Program (URM)

Refugees

Asylees

Cuban/Haitian entrants

Victims of trafficking
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Special Immigrant Juveniles who were in ORR custody or were
receiving benefits as Cuban or Haitian entrants when
dependency was established.
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If minor does not qualify for relief, VD/DO is only option.
Unaccompanied Refugee Minors
Program
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State Refugee Coordinators contract with licensed foster care
agencies to provide URM services, sometimes via state or county
child welfare agencies.
For a child to be in the URM program, the state, county or a private
agency needs to establish custody or legal guardianship of the
minor.
Serves unaccompanied minors:
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Refugees
Asylees
Cuban/Haitian entrants
Victims of trafficking
Special Immigrant Juveniles who were in ORR custody or were
receiving benefits as Cuban or Haitian entrants when dependency was
established.
For cases referred in the U.S., ORR conducts an eligibility determination
for cases, which culminates in an approval decision.
Long Term Care
 Usually
remain in URM program for 3-4
years (usually enter as teens)
 Depending on the state and youth
compliance with program requirements:
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Foster care ends between 18 and 21;
Independent living benefits and services may
last until age 21; and
Support for education or vocational training
may extended to age 23.
UAC Challenges
 UAC
move through the shelters too quickly
to receive legal/mental health screenings
 ORR Case Managers are under immense
pressure to reunify UAC quickly, which
has led to an increase in:
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Undiagnosed medical/mental health issues
Insufficient post-release support for UAC with
special needs
Inadequate/exploitative/unengaged sponsors
Housing/food instability