The report was submitted to Congress on Aug. 20 by DHS Inspector General Joseph Cuffari. According to his interim report, addressed to ICE Acting Director Patrick Lechleitner, more than 32,000 unaccompanied migrant children failed to appear for their scheduled immigration court hearings in the last five years. ICE has been unable to account for the whereabouts of all these children who were released from government custody after being transferred from the DHS to the Department of Health and Human Services (HHS).
Under U.S. law, the HHS is responsible for the care of unaccompanied migrant children. After these children are initially taken into custody by U.S. authorities, ICE is tasked with ensuring their timely and safe transfer to HHS, which often places these children in shelters or with so-called qualified sponsors.
However, Cuffari’s report found that ICE “cannot always monitor the location and status of unaccompanied migrant children who are released … and [then] did not appear as scheduled in immigration court” after interviewing more than 100 officials and visiting ten ICE field offices.
The loss of contact with these children is largely attributed to their failure to appear for scheduled immigration court hearings after being released from custody. So, federal judges frequently have no choice but to issue deportation orders for children who do not show up for court. In some cases, hearings were postponed several times before the final decision.
Additionally, the Department of Justice claims that only 56 percent of unaccompanied migrant children who do appear in court are represented by counsel. In turn, the court system struggles with the fact that thousands of young migrants have to represent themselves before federal immigration judges.
“Immigration court hearings are often ICE’s only opportunity to observe and screen [children] for trafficking indicators or other safety concerns,” the interim report said. In other words, failure to serve notices to appear or schedule court dates “reduces opportunities to verify their safety.”
ICE urged to ensure safety of unaccompanied migrant children
Cuffari urged ICE to “take immediate action to ensure the safety of [unaccompanied children] residing in the United States.”
“Without an ability to monitor the location and status of [unaccompanied migrant children], ICE has no assurance [they] are safe from trafficking, exploitation or forced labor,” Cuffari wrote in his interim report.
But despite all the lapses, the DHS still acknowledged the challenges ICE faces.
The report noted the staffing shortages, which hinder their ability to monitor migrant locations and case statuses. Resource limitations also affect their ability to issue notices to unaccompanied children after their release from HHS custody. Additionally, ICE struggles with inefficient, “manual, multi-step processes to share information on [children] who do not appear in court.”
In turn, the report recommended that DHS officials should develop and implement an automated system for tracking court appearances and maintaining address information.
ICE agreed with this recommendation but noted that the report did not fully address structural challenges that complicate tracking migrant children. ICE also mentioned that delays in issuing notices are due to the need to vet sponsors before placing children
But then overall, ICE said it “is committed to the protection and well-being of children and works closely with [HHS] and other federal partners to fulfill its obligations under law.”
Visit ChildRecycling.com for similar stories about unaccompanied migrant children.
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