National Immigrant Justice Center
208 S. LaSalle St., Suite 1300, Chicago, IL 60604
Unaccompanied Immigrant Children
NIJC and its network of 1,500 pro bono attorneys provide legal counsel and representation to nearly 10,000 immigrants each year, including thousands of unaccompanied children detained in the Chicago area. Children seek refuge in the United States for many reasons: to escape war, gangs, or violence; to flee abuse; or to reunite with family. Others enter involuntarily as labor or sex trafficking victims. In recent years the number of unaccompanied immigrant children migrating to the United States has nearly tripled.
NIJC’s Immigrant Children’s Protection Project provides legal services to unaccompanied children held in Chicago-area shelters. The Children’s Protection Project visits all of these facilities on a weekly basis to interview the children, conduct legal assessments, and deliver “Know Your Rights” presentations that provide an overview of the immigration court process. This on-the-ground experience provides NIJC a unique in-depth perspective on the realities children face when they enter the U.S. alone, and on the need for systemic reforms to ensure children's human and due process rights in the complex immigration legal system.
Navigating the Immigration System
Unaccompanied immigrant children face many challenges navigating the immigration system alone, including:
- No right to court-appointed counsel. Unless they can afford attorneys or secure pro bono counsel, they appear in court without legal representation.
- A confusing and complex court system. Deportation proceedings against children often begin in the jurisdiction where the child is placed in the custody of the Department of Health and Human Services (HHS) Office of Refugee Resettlement (ORR). Once a child is released from an ORR shelter to a sponsor or to foster care, it is the child’s responsibility – regardless of age or legal representation – to submit paperwork to inform the court that he or she has moved and to file a formal motion to change venue if the new address is under the jurisdiction of a different court. If a child does not properly update his or her address, he or she could be ordered deported in absentia for failing to appear in court.
- Lack of clear guidelines to grant relief. DHS has yet to provide clear guidelines on the exercise of prosecutorial discretion (PD) as it applies to UICs. Expanded exercise of PD would help provide relief for many UICs with strong ties to the United States who are not a priority for deportation.
- Absence of legally binding regulations to protect children in DHS custody. Upon apprehension, UICs are held in DHS custody. Although there are standards to guide the treatment of UICs, DHS lacks appropriate legally binding regulations to protect children in their custody. Currently, little oversight exists to ensure that UICs are treated humanely and cared for according to child-appropriate protocols while in DHS custody.
Regardless of their immigration status, unaccompanied immigrant children should be treated as children first. Children should not be expected to navigate a complex immigration system alone. Congress and the Obama Administration must take steps to provide critical safeguards to unaccompanied children, including:
- Providing counsel to unaccompanied children. Children face insurmountable challenges and experience a denial of due process when navigating the U.S. immigration system without attorneys. Access to legal representation is critical for children to be able to understand the legal protection and immigration benefits that may be available.
- Increasing funding for legal orientation programs (LOPs) at ORR shelters and legal orientation programs for custodians (LOPCs) when children are released. As unaccompanied children move more rapidly through the ORR system, the government must ensure that children receive basic information about their rights and responsibilities, and individualized legal assessments to understand whether they might be eligible for immigration relief. Once they are released, their family or sponsors must also have access to information about the immigration system so they can properly assist the children during the immigration process.
- Enact protocols to end abusive treatment at the border. NIJC’s survey and mass complaint on behalf of 116 unaccompanied children abused in CBP custody demonstrate that unaccompanied children often are held in extreme temperatures, prevented from sleeping, provided with little food and placed in shackles by DHS officers at the border. DHS must develop legally binding regulations and oversight mechanisms, in collaboration with nongovernmental organizations who serve this population, to ensure officers treat children humanely.
- Passing comprehensive immigration reform legislation so families can legally and safely reunify. Undocumented family members in the United States need a mechanism to safely and legally reunite with their children. Immigration reform must include provisions that allow parents to obtain lawful immigration status and petition for their children and other family members.
- Factsheet: Access to Counsel for Unaccompanied Children (Mar. 2016)
- NIJC's Executive Director Mary Meg McCarthy's Letter to the Editor in the New York Times (Mar. 2016)
- Frequently asked questions (FAQs) on unaccompanied children (Jul. 2014)
- Press Call: Fact & Fiction: Understanding the Legal Rights of Central American Children in the U.S. (Jul. 2014)
- Speakers: Mary Meg McCarthy, NIJC Executive Director; Lisa Koop, NIJC Associate Director of Legal Services; and Royce Murray, NIJC Director of Policy
- Fact sheet: The Refugee Crisis at the U.S. Border (Jun. 2014)
- NIJC's mass complaint to DHS on behalf of 116 unaccompanied children (Jun. 2014)
- Press teleconference on the complaint (Jun. 11, 2014)
- NIJC’s policy brief on unaccompanied immigrant children (Jan. 2014)
- NIJC's Executive Director Mary Meg McCarthy's Letter to the Editor in the Wall Street Journal (Feb. 2014)
- Inter-American Commission on Human Rights, Refugees and Migrants in the United States: Families and Unaccompanied Children, Oct. 2015
- Lutheran Immigration and Refugee Service, At the Crossroads for Unaccompanied Migrant Children, Jul. 2015
- United Nations High Commissioner for Refugees (UNHCR), Findings and Recommendations Relating to the 2012-2013 Missions to Monitor the Protection Screening of Mexican Unaccompanied Children Along the U.S.-Mexico Border, Jun. 2014
- Center for Comparitive Immigration Studies, Statistical Analysis Shows that Violence, Not U.S. Immigration Policies, is Behind the Surge of Unaccompanied Children Crossing the Border, Jul. 2014
- American Immigration Council, Children in Danger: A Guide to the Humanitarian Challenge at the Border, Jul.2014
- American Immigration Council, No Childhood Here: Why Central American Children are Fleeing Their Homes, Jul. 2014
- Center for Gender & Refugee Studies (CGRS) and Kids in Need of Defense (KIND), A Treacherous Journey: Child Migrants Navigating the U.S. Immigration System, Mar. 2014
- UNHCR, Children on the Run: Unaccompanied Children Leaving Central America and Mexico and the Need for International Protection, Mar. 2014
- NIJC, Policy Brief: Vulnerable Children Face Insurmountable Obstacles, Jan. 2014
- U.S. Conference of Catholic Bishops (USCCB), The Changing Face of the Unaccompanied Alien Child: A Portrait of Foreign-Born Children in Federal Foster Care and How to Best Meet Their Needs, Dec. 2012
- Vera Institute of Justice, The Flow of Unaccompanied Children Through the Immigration System: A Resource for Practitioners, Policy Makers, and Researchers, Mar. 2012
- Appleseed, Children at the Border: The Screening, Protection and Repatriation of Unaccompanied Mexican Minors, 2011
- Senate Judiciary hearing on "The Unaccompanied Children Crisis: Does the Administration Have a Plan to Stop the Border Surge and Adequately Monitor the Children" (Feb. 2016)
- House Subcommittee on Immigration and Border Security hearing on "Another Surge of Illegal Immigrants Along the Southwest Border: Is this the Obama Administration's New Normal?" (Feb. 2016)
- Senate Committee on Homeland Security and Governmental Affairs hearings on "The 2014 Humanitarian Crisis at Our Border: A Review of the Government's Response to Unaccompanied Minors One Year Later" (Jul. 2015)
- Senate Subcommittee on Immigration and the National Interest hearing on the Central American Minors Refugee/Parole Program (Apr. 2015)
- House Judiciary Immigration Subcommittee hearing on interior enforcement and UIC legislation (Feb. 2015)
- Joint Statement with Kids In Need of Defense (KIND) and Women's Refugee Commission for the House Judiciary Committee Hearing on UIC legislation (Dec. 2014)
- Senate Appropriations Hearing on the White House Emergency Supplemental Funding Request (Jul. 2014)
- House Judiciary hearing on unaccompanied immigrant children (Jun. 2014)
- Letter from 177 NGOs to urging Attorney General Loretta Lynch to stop deportation proceedings for children without counsel and provide legal counsel to all minors (Apr. 2016)
- Letter from 150+ NGOs urge the president to stop targeting unaccompanied children for immigration enforcement (Mar. 2016)
- U.S. Commission on Civil Rights letter supporting the Fair Day in Court for Kids Act (S. 2540/H.R. 4646) (Mar. 2016)
- Letter from 58 members of the House of Representatives to the Department of Health and Human Services (HHS) calling on the department to implement Prison Rape Elimination Act (PREA) regulations to protect LGBT youth (Dec. 2014)
- Letter to Senate and House Appropriations Conferees on unaccompanied children and displaced Central American families (Oct. 2014)
- Letter from 191 NGOs to the Senate and House on supplemental funding for the refugee situation at the Southern border (Jul. 2014)
- Letter from 24 members of Congress demanding DHS to investigate and take action on reports of abuse and mistreatment of unaccompanied children in CBP custody (Jul. 2014)
- Letter from 300+ faith groups urging the president and Congress to protect unaccompanied children (Jul. 2014)
- Letter from the National Association of Immigration Judges (NAIJ) to the Senate and House on ensuring fairness for children in immigration courts (Jul. 2014)
- Letter from NGOs to the Senate Appropriations Committee on legal counsel for unaccompanied children (Jul. 2014)
- Letter from Alianza Latina en contra la Agresión Sexual (ALAS) NGO members to President Obama (Jul. 2014)
- Letter from NGOs to President Obama against the expedited removal of unaccompanied children (Jul. 2014)
- Letter from legal service providers to DHS Secretary Johnson on the recent influx of unaccompanied children (May 2014)
- NIJC's letter to DHS and HHS with policy recommendations for unaccompanied children (Apr. 2014)
Over a three-week period in December 2013 and January 2014, the Children’s Project surveyed unaccompanied children detained in Chicago-area shelters to analyze the driving forces behind this recent uptick in child migration, the treatment children receive upon arrival, and the challenges they encounter navigating the complex U.S. immigration system. Click here to read the findings (PDF).