Trump signs executive order to stop family separations at border

Flores requires the INS to segregate juveniles from adults during detention and transport after arrival at the first INS processing office. INS escort policy requires that juveniles be transported with same-sex escorts. The INS does not always document the detention and transport of juveniles and is thus unable to demonstrate compliance with this requirement. INS escort policy requires that all juveniles be escorted when on commercial aircraft. The INS allowed unescorted juveniles to travel on commercial aircraft. INS restraint policy also prohibits the use of restraints on non-delinquent juveniles in custody or when transported by non-INS officers/agencies. Facilities in four districts used restraints when transporting non-delinquent juveniles.

Flores requires the INS to place juveniles in an appropriate secure juvenile detention facility or a non-secure shelter facility within three to five days of entering into INS custody. In FY 2000, the INS did not meet this requirement for 19 juveniles. For 339 juveniles, INS records were not sufficient to demonstrate that it had met this requirement.

Related Processes

The Flores agreement established as INS policy that juveniles would be released without unnecessary delay, consistent with its interests to ensure the juvenile's timely appearance before the INS and the immigration courts and to protect the juvenile's well-being. Juveniles must be released to a sponsor who will accept responsibility for the juvenile. Preferred sponsors included parents, legal guardians, and close adult family members. If a juvenile has a parent in the United States, however, current INS policy requires the parent to be involved in the juvenile's release, regardless of the parent's immigration status. An undocumented parent must report to an INS officer and enter immigration court proceedings before the INS will release the juvenile. If the parent is unwilling to come forward, the juvenile will remain in INS custody, even when another acceptable sponsor is available. The current INS policy if too rigidly adhered to, may impede the INS's ability to ensure the least restrictive custody and most expeditious release of juveniles.

Unaccompanied juveniles in the Juvenile Program are required to go before the immigration courts to present their cases. The court proceedings are the responsibility of the Executive Office for Immigration Review (EOIR) but are initiated by INS at the outset of the juvenile's custody. For several reasons, few juvenile cases before the immigration courts are completed while the juveniles are still in custody. After juveniles were released from custody, 68 percent failed to appear for their hearings. Legal services available for juveniles in custody are limited, hearings on the merits of cases are frequently postponed until after release of the juveniles, and in two locations hearings for juveniles in shelter care were not scheduled expeditiously.

The law does not provide for legal representation at government expense for alien juveniles. However, EOIR is actively involved in developing sources of pro bono legal aid. The other reasons for delay are, for the most part, the responsibility of EOIR. To the extent that problems in the process affect juveniles in INS custody, the INS and EOIR should follow-up on discussions already begun to find effective mutually agreeable solutions.

The report contains 28 recommendations to address the issues we identified during our review.

Flores requires the INS to segregate juveniles from adults during detention and transport after arrival at the first INS processing office. INS escort policy requires that juveniles be transported with same-sex escorts. The INS does not always document the detention and transport of juveniles and is thus unable to demonstrate compliance with this requirement. INS escort policy requires that all juveniles be escorted when on commercial aircraft. The INS allowed unescorted juveniles to travel on commercial aircraft. INS restraint policy also prohibits the use of restraints on non-delinquent juveniles in custody or when transported by non-INS officers/agencies. Facilities in four districts used restraints when transporting non-delinquent juveniles.

Flores requires the INS to place juveniles in an appropriate secure juvenile detention facility or a non-secure shelter facility within three to five days of entering into INS custody. In FY 2000, the INS did not meet this requirement for 19 juveniles. For 339 juveniles, INS records were not sufficient to demonstrate that it had met this requirement.

Related Processes

The Flores agreement established as INS policy that juveniles would be released without unnecessary delay, consistent with its interests to ensure the juvenile's timely appearance before the INS and the immigration courts and to protect the juvenile's well-being. Juveniles must be released to a sponsor who will accept responsibility for the juvenile. Preferred sponsors included parents, legal guardians, and close adult family members. If a juvenile has a parent in the United States, however, current INS policy requires the parent to be involved in the juvenile's release, regardless of the parent's immigration status. An undocumented parent must report to an INS officer and enter immigration court proceedings before the INS will release the juvenile. If the parent is unwilling to come forward, the juvenile will remain in INS custody, even when another acceptable sponsor is available. The current INS policy if too rigidly adhered to, may impede the INS's ability to ensure the least restrictive custody and most expeditious release of juveniles.

Unaccompanied juveniles in the Juvenile Program are required to go before the immigration courts to present their cases. The court proceedings are the responsibility of the Executive Office for Immigration Review (EOIR) but are initiated by INS at the outset of the juvenile's custody. For several reasons, few juvenile cases before the immigration courts are completed while the juveniles are still in custody. After juveniles were released from custody, 68 percent failed to appear for their hearings. Legal services available for juveniles in custody are limited, hearings on the merits of cases are frequently postponed until after release of the juveniles, and in two locations hearings for juveniles in shelter care were not scheduled expeditiously.

The law does not provide for legal representation at government expense for alien juveniles. However, EOIR is actively involved in developing sources of pro bono legal aid. The other reasons for delay are, for the most part, the responsibility of EOIR. To the extent that problems in the process affect juveniles in INS custody, the INS and EOIR should follow-up on discussions already begun to find effective mutually agreeable solutions.

The report contains 28 recommendations to address the issues we identified during our review.