The National Immigrant Justice Center (NIJC) welcomes U.S. Customs and Border Protection’s (CBP) commitment to conducting an investigation into the agency’s egregious abuse of unaccompanied immigrant children seeking safety in the United States. CBP Commissioner Gil Kerlikowske ordered an investigation into the allegations raised in the mass complaint that NIJC and four other legal service providers filed with the Department of Homeland Security (DHS) on behalf of more than 100 immigrant children who reported horrific mistreatment while detained in CBP custody.
“CBP’s abuse of children is a long-standing problem that has persisted for years without any adequate response,” said Ashley Huebner, managing attorney of NIJC’s Immigrant Children’s Protection Project. “We are encouraged by the concern and interest shown by Commissioner Kerlikowske and we look forward to seeing immediate investigation and action.”
It is critical that DHS oversight bodies and the CBP Office of Internal Affairs act swiftly to address these systemic abuses and institute reforms as unprecedented numbers of children continue to flee violence in their native countries and are taken into CBP custody upon arrival in the United States. In the midst of this refugee crisis, the United States must ensure that it respects the children’s human rights and legal protections.
As CBP undertakes its investigation, NIJC reiterates the recommendations included with the mass complaint and urges:
- Enhanced oversight of CBP, including creation of an independent oversight body;
- Binding and enforceable short-term detention standards;
- Creation of a uniform complaint process at DHS that includes confidential, expedited processes by which children can safely report abuse and receive timely recourse;
- Adequate training for all officers who may encounter unaccompanied immigrant children;
- Timely investigation into the complaints of abuse;
- Accountability for any agent who violates the law and/or agency guidelines; and
- Publication of the results of any investigations.
“CBP’s commitment to investigating these serious abuses is a first step in creating more transparency and accountability,” said Mary Meg McCarthy, executive director of NIJC. “We hope the agency will release its findings to the complainants, enact prompt reforms, and ultimately dismantle the culture of impunity at CBP in order to protect these vulnerable children and all immigrants placed in CBP custody.”
NIJC along with the ACLU Border Litigation Project, Americans for Immigrant Justice, Esperanza Immigrant Rights Project, and the Florence Immigrant and Refugee Rights Project filed the administrative complaint with the DHS Office of Civil Rights and Civil Liberties on June 11, 2014 on behalf of 116 immigrant children. A copy of the complaint is available here.