embark on a dangerous journey from their home countries to escape persecution or other violence, or to reunite with fami
Protecting Unaccompanied Migrant Children As the national organization established by Lutheran churches to serve uprooted people, Lutheran Immigration and Refugee Service (LIRS) has over 70 years of expertise serving refugees and vulnerable migrants in the United States, including providing care to over 7,000 unaccompanied refugee and migrant children. We serve and advocate for the best interests of children to ensure their safety, well-being, and fulfilling of their potential as members of our communities. Undocumented migrant children who are unaccompanied by a parent or guardian are also known as unaccompanied alien children (UAC). When these children come to the attention of the U.S. Government they are put into the custody of the Department of Health and Human Services’ Office of Refugee Resettlement (ORR), typically shortly after their entry into the United States. These children often embark on a dangerous journey from their home countries to escape persecution or other violence, or to reunite with family already in the United States. Many children endure trafficking or abuse during their journey. On average, children stay in ORR custody between 15 to 45 days. LIRS collaborates with ORR to provide services to unaccompanied migrant children that uphold their best interests and recognize their vulnerabilities to exploitation and abuse. LIRS provides these services through established service networks of community-based agencies with expertise in professional child and family services and in serving immigrant communities. LIRS places children who do not have caregivers with foster care programs who find families to care for them, arrange for volunteer attorneys to help them with their immigration cases, and enroll them in school and other community-based programs. For children who are referred for family reunification services, LIRS also ensures their safe release to appropriate, safe and secure home environments. We make certain that children’s physical developmental needs are met and create access to legal representation and mental health services. LIRS also provides post-release services including follow-up home visits and case management to children and their families to ensure ongoing comprehensive supportive services. There are various legal outcomes for unaccompanied migrant children. Some children will be returned to their home countries, others will reunite with family in the United States, and others may qualify for immigration relief as asylum seekers, victims of human trafficking or serious crimes (“T” and “U” visas, respectively), or Special Immigrant Juvenile Status for children who have been abused, abandoned or neglected. Certain children granted immigration status are eligible for care under the Unaccompanied Refugee Minor (URM) program, which specializes in serving vulnerable migrant youth with no family to care for them.
Locations of LIRS-Affiliated Children’s Service Providers: • • • • • • • • • • • • • • • •
(* denotes foster care program) Seattle, WA* Portland, OR* Fullerton*, San Francisco, San Fernando, and Los Angeles, CA San Francisco, CA Denver and Colorado Springs, CO* Fargo, ND* Lansing and Grand Rapids, MI* Arkansas Houston and Dallas, TX Atlanta, GA Memphis, TN Charlotte, NC Northern Virginia and Washington, DC* Roslyn and Philadelphia, PA* Manhattan, Nassau County and Long Island, NY Arlington, Wellesley, and Worcester MA*
Recent Trends in the Migration of Unaccompanied Children In recent years, the number of arriving unaccompanied children had averaged between 7,000 and 8,000 annually. Most arriving children were boys. By the end of August 2012, ORR estimated that 12,421 children had been placed into their custody. The total for Fiscal Year 2012 (Oct. 1, 2011- Sept. 30, 2012 totaled 13,625; a significant increase from 6,855 arrivals in FY 2011 and 8,210 arrivals in FY 2010. Most of the children came from Guatemala (35%), El Salvador (27%), and Honduras (25%). The FY 2012 group included more girls due to increasing gender-based violence in Central America and was a slightly younger age group. There has not been a significant increase in arrivals of children from Mexico. ORR opened several emergency “surge” shelters to accommodate the growing number of unaccompanied children. This meant children were housed in temporary detention centers, including unused army bases, that often felt like prisons. These housing services were not consistent with the care and services mandated by the Trafficking Victims Protection Reauthorization Act of 2008, such as legal orientation related to children’s immigration cases or timely medical or dental screenings. LIRS believes in providing children with the least restrictive care within a community-based setting that meets the best interest of each child. In August 2012, LIRS began providing new transitional foster care services to newly arriving unaccompanied children. The new sites can provide care for 51 children at any given moment and are located are in Lansing and Grand Rapids, Michigan and Portland, Oregon. These sites provide shelter, food, clothing, schooling, medical care, counseling, legal orientation and screenings, family reunification assessments and assistance in communicating with family members. The unusually high number of unaccompanied migrant children who entered the United States in FY 2012 highlights the need to provide sufficient funding to critical ORR programs, as well as a long-term response plan that allows for flexibility and adaptability to address what is likely to become a continuous trend. Policy Recommendations To ensure the protection and integration of unaccompanied migrant children, Congress and the Administration should prioritize and ensure safe release practices, access to appropriate services that adhere to child welfare standards of excellence, and robust funding that recognizes these children’s particular vulnerabilities. LIRS makes the following recommendations: •
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Improve the trafficking screening protocols along the border so that children entering the United States are properly evaluated and that victims of trafficking and persecution are effectively identified and referred for appropriate services. Ensure that services provided to these highly vulnerable children and families are within communitybased child welfare standards of excellence. Provide additional resources to ORR to ensure that a seamless continuum of care is available and that custody and placement options adequately address the needs of all unaccompanied migrant children in federal custody. Require that all children released from federal custody receive follow-up services to ensure their safety and well-being. Extend URM services to additional vulnerable migrant youth (including children granted “U” visas) and remove barriers to accessing services. Create a program that provides community support for unaccompanied children who are at risk of being placed in adult immigration detention.
