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“Unaccompanied alien children” (UACs) by law are children who cross our borders (1) w/o lawful immigration status in the US, (2) under 18 YO, and (3) have no parent or legal guardian (regardless of status) in the US available to provide care and take custody. 6 U.S.C. § 279(g)(2)
The INS was sued in 1986 for mistreatment of immigration children, and that case was settled in 1997 with the Flores consent decree. That decree has the effect of law by agreement of the plaintiffs and the govt, and covers all immigrant kids in detention. aclu.org/legal-document…
Under Flores, the govt is REQUIRED BY LAW to treat “all minors in its custody with dignity, respect and special concern for their particular vulnerability as minors" and "in the least restrictive setting appropriate to the minor's age and special needs."
The govt must AT ALL TIMES work to release these kids from custody, in order of preference to a parent; a legal guardian, another adult family member (aunt/uncle/sibling/grandparent); another adult designated by the parent or guardian to take custody, and only then to a facility.
The Trafficking Victims Protection Reauthorization Act, which applies ONLY to UACs, requires the federal govt BY law to transfer custody of UACs to DHHS within 72 hours of making the UAC determination. 8 U.S.C. § 1232(b)(3)
The TVPRA, like Flores provides that IF a “suitable family member” or other guardian is not available to take custody of a minor, ONLY THEN may that child be placed in a specialized juvenile program or facility.
However, “absent a determination that the child poses a danger to self or others or has been charged with having committed a criminal offense,” NO CHILD, not even a UAC, is supposed to be placed in a secure facility (a facility that is locked and to which the child is confined).
So what is happening on the ground is: (1) many/most of these children are misclassified as UACs; and (2) even if they were UACs, the govt is violating the law up and down, side to side, because it is not caring for them, it is detaining them in camps in horrific conditions.
