(C)  Detention of Unaccompanied Minors.  In 2004, the DHS detained 122,222 minors.[1]  For an accompanied minor, DHS determines whether the minor may be released by bond to a family member or guardian, voluntarily returned to a border country, or detained.[2]  In cases in which there are gang membership or activity allegations, bonds have been denied.  Practitioners should challenge these decisions.[3]

 

If the immigration authorities decide to detain a juvenile, the juvenile must be informed of the basis for the decision,[4] and s/he must be referred to a “juvenile coordinator” charged with finding a suitable facility.[5]  While the coordinator looks for a facility, the juvenile may be placed in any immigration detention center that has separate accommodations for juveniles.[6] 

 

An unaccompanied minor generally must be placed into a licensed temporary facility within three days.[7]  Upon arrival at the facility, custody of the minor transfers from DHS to the ORR.

 

The ORR bears “responsibility for caring and housing unaccompanied juvenile aliens who are detained pending resolution of immigration cases enforced by the DHS,”[8] and must act in the best interest of the unaccompanied minors.  The ORR will place the juvenile in a detention facility under its jurisdiction or place the juvenile in a foster home while removal proceedings are pending.  The ORR must, however, obtain permission from the DHS to place a juvenile in state juvenile dependency proceeding or foster care as an abused, neglected or abandoned child.[9]        

 

[1] Office of Inspections & Special Reviews, Dep’t of Homeland Security, OIG 05-45, A Review of DHS’ Responsibilities for Juvenile Aliens 3 (Sept. 2005), available at www.dhs.gov/interweb/assetlibrary/OIG_05_45_Sep05.pdf (last visited July 7, 2006).

[2] Detention and Removal Officer’s Field Manual, Appendix 11-4: Juvenile Protocol Manual, November 2003.

[3] See also Gordon, Mailman & Yale-Loehr, Immigration Law and Procedure § 108.03[3][c] (2007).

[4] Stipulated settlement agreement, Flores v. Reno, No 85-4544-RJK note 82, ¶ 24C (C.D. Cal. Aug. 12, 1996), reported at 74 Interpreter’s Releases 1368 (Sept. 8, 1997).  See also 8 C.F.R. § 236.3(h).

[5] 8 C.F.R. § 236.3(c).

[6] 8 C.F.R. § 236.3(d).

[7]  Stipulated settlement agreement, Flores v. Reno, No. 85-4544-RJK ¶ 188 (C.D. Cal. Aug. 12, 1996) reported at 74 Interpreter Releases 1368 (Sept. 8, 1997).  The settlement agreement arose from a class action suit that challenged INS detention conditions.  On November 30, 1987, The Attorney General agreed to settle and modify INS custody policies for unaccompanied minors.  Id. at ¶ 9.

[8] Office of Inspection & Special Reviews, Dept. of Homeland Security, OIG 05-45, A Review of DHS’s Responsibilities for Juvenile Aliens (Sept. 2005).  http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_05-45_Sep05.pdf  (last visited Jan. 4, 2007). 

[9] F.L. v. Thompson, 293 F. Supp. 2d 86 (D.D.C. 2003).

Other

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