(B)  Unaccompanied Minors.  The regulations allow the DHS to parole juveniles into the United States.[1]  See § 15.14, infra, for a discussion of parole.  Unaccompanied minors arriving in the United States must be placed into a proper facility under the care of the Health and Human Services Office of Refugee Resettlement (“ORR”) within 72 hours, unless the juvenile has been convicted of a criminal offense or has been found to be a juvenile delinquent, has engaged in violent or disruptive conduct, has escaped from another facility, or other extraordinary conditions apply.[2]

 

Unaccompanied minors from Mexico or Canada must be informed that they can contact a parent, relative or free legal service agency before accepting voluntary departure or withdrawing an application for admission.[3]  Those from other countries are required to contact a parent or relative or legal service before accepting voluntary departure or withdrawing an application for admission.[4]

 

A juvenile noncitizen may withdraw an application for admission at any time, and will then be repatriated with cooperation from the appropriate consulate.[5]

 

[18] 8 C.F.R. § § 212.5, 235.1(d), 1235.1(d).

[19] 8 C.F.R. § 236.3(c), (d).  Memo, McNary (Dec. 13, 1991), reprinted in 69 No. 6, Interp. Releases, 189, 205 (Feb. 10, 1992).

[20] 8 C.F.R. § 236.3(g).

[21] Ibid.

[22] 8 C.F.R. § 236.3(g).  See also § 15.16, infra.

Other

DETENTION - JUVENILES
New ICE family residential detention standards, Jan. 11, 2008. http://www.ice.gov/pi/familyresidential/index.htm