unaccompanied children on the border: brief overview

Unaccompanied Children on the Border: Brief OverviewPresented by Luis TorresLULAC Director of Policy and Legislationv8.13.2014

League of United Latin American Citizens

Who are the unaccompanied children?• Children under the age of 18 who come to the United States

without a parent or guardian are referred to “Unaccompanied Alien Children” or UACs• They are defined in law in the Homeland Security Act of 2002,

Pub. L. 107-296 § 462 (g), 116 Stat. 2135, 2205 (2002).• A UAC is a person who ‘ (A) has no lawful status in the US, (B)

has not attained 18 years of age, (C) with respect to whom- (i) there is no parent or legal guardian in the United States; or (ii) no parent or no legal guardian in the United States is available to provide care and physical custody.”

(Source: United States Conference of Catholic Bishops, PowerPoint, 6/2014)

LEAGUE OF UNITED LATIN AMERICAN CITIZENS

Where are the UACs coming from? Why? • The majority of children coming are from Guatemala, El Salvador and

Honduras (there are some Mexican children arriving- but they are treated differently by law)

• There are no simple answers to why. They come for a variety of reasons but increasingly they are fleeing life threatening home country:• The Push and Pull Factors that caused low levels of child migration

before the spike are still present, including the lack of educational and economic opportunity, the negative push of family breakdown in their home countries, or the positive draw of Family Unity with family members living in the United States

• One Overriding factor has played a decisive and forceful role in the spike: pervasive violence with impunity communities- whether it be gang-related, local bad actors, transnational criminals or larger problems of citizen insecurity at the governmental level


Recent UAC Arrival Trends


• Number of UACs Arriving is Increasing• From 2004 to 2011, the number of arriving unaccompanied children

to the US averaged between 7,000 and 8,000 annually.• In FY 2012, the number of unaccompanied children taken into US

custody jumped to over 13,000 children. • In FY 2013, the number reached over 24,000 and the current

projection for FY 2014 is over the earlier estimate of 60,000 (to upwards of 90,000) children coming to the U.S.

• UAC Population Arriving is Changing• More Girls • Younger Children Arriving • More Victims of Trauma


Number of UAC Arrivals Over Last 6 Fiscal Years• .Country Fiscal Year

2009Fiscal Year 2010

Fiscal Year 2011

Fiscal Year 2012

Fiscal Year 2013

Fiscal Year 2014

El Salvador 1,221 1,910 1,394 3,314 5,990 9,850

Guatemala 1,115 1,517 1,565 3,835 8,068 11,479

Honduras 968 1,017 974 2,997 6,747 13,282

Mexico 16,114 13,724 11,768 13,974 17,240 11,577

Total: 19,418 18,168 15,701 24,120 38,045 46,188

Source: http://www.cbp.gov/newsroom/stats/southwest-border-unaccompanied-children

http://www.cbp.gov/newsroom/stats/southwest-border-unaccompanied-children

What happens to UACsWhen/If They Arrive in the US?• AT THE BORDER: Unaccompanied Children are

normally apprehended near the border by Border Patrol (or at a port of entry by CBP) and taken to CBP and BP facilities

• TRANFER TO ORR: UACs are transferred within 72 hours from DHS to HHS Office of Refugee Resettlement (ORR) custody into shelters and facilities


What happens to UACsWhen/If They Arrive in the US?

• TIME IN ORR SHELTERS: Currently UACs are averaging 14- 30 days in ORR shelters

• RELEASED TO FAMILY: 90% of UAC children are released to identified family members or caretakers and placed in deportation proceedings to see if they can stay or not


Where are the UAC’s being kept?


State # of UACAlabama 515Alaska 5Arizona 203Arkansas 209California 3909Colorado 263Connecticut 394Delaware 141District of Columbia 238

Florida 3809Georgia 1412

UAC release data from January 1st to July 31st

State # of UACHawaii 8Idaho 13Illinois 377Indiana 309Iowa 159Kansas 207Kentucky 284Louisiana 1275Maine 12Maryland 2804Massachusetts 989Michigan 124




State # of UACHawaii 8Idaho 13Illinois 377Indiana 309Iowa 159Kansas 207Kentucky 284Louisiana 1275Maine 12Maryland 2804Massachusetts 989Michigan 124

State # of UACMinnesota 202Mississippi 202Missouri 146Montana 1Nebraska 232Nevada 163New Hampshire 24

New Jersey 1877New Mexico 28New York 4244North Carolina 1429




State # of UACVermont 3Virginia 2856Virgin Islands 4Washington 265West Virginia 12Wisconsin 60Wyoming 7Total 37477

State # of UACNorth Dakota 4Ohio 405Oklahoma 241Oregon 73Pennsylvania 456Puerto Rico 1Rhode Island 148South Carolina 434South Dakota 27Tennessee 909Texas 5280Utah 85

(Source: Department of Health and Human Services, Office of Refugee Resettlement)

What is Congress doing?


• A surge in arrivals of Central American children at the border in the summer of 2014, and the inability of the border personnel to process and adequately address their arrivals, prompted President Obama to submit a request to Congress for emergency funding. • The Senate and House of Representatives scrambled

in July to pass emergency appropriation funding. The Senate was unable to secure enough votes to pass a bill funding President Obama’s request prior to the August 2014 recess.



• The House of Representatives was able to pass two pieces of legislation prior to the start of the August 2014 recess. Both of these bills were opposed by LULAC. Neither of these bills are expected to pass the Senate and President Obama has also expressed his intent to use his veto authority.



• H.R. 5272, legislation aimed at stripping President Obama’s authority to provide temporary protection to additional DREAMERS and other migrants. Read LULAC’s letter opposing H.R. 5272 here.• H.R. 5230, a border supplemental appropriation bill

that included language that would make it easier to deport migrant children. Read LULAC’s letter opposing H.R. 5230, here.• Read all of LULAC’s Policy Letters and Advocacy

Materials (including resources on UACs) by visiting: www.lulac.org/advocacy

How Can You Help?

•Messaging is important- Speak up for the kids!

• Participate in our action alert: www.lulac.org/actforkids

• Help LULAC’s Border Children Relief Project


Messaging• Why UACs Are Migratingo Children are fleeing violence in their communities o Children are leaving situations of abuse and neglecto Children are looking for security and safety

• Message Framing:• UAC = Children in Need of Protection • UAC U.S. Challenge = urgent humanitarian situation• UAC Regional Challenge = A foreign policy, regional protection

challenge • UAC Solution = A regional, holistic approach by U.S. & all countries in

region• Rise in UACs = International Protection Issue



MessagingOTHER MESSAGING POINTS:

• Rise in Numbers Caused by Rise in Violence• Children need humane care and protection in US • Need asylum process for neighboring Latin American Countries• Need to create safe paths for migration – Pass Immigration Reform • Absent immigration reform, need strong, comprehensive administrative

action• Long term the region must address root causes of this forced migration.



Action Alert• Go to www.lulac.org/act4kids

• Make an appointment to visit your Member of Congress at their district office.• Write a letter to the editor.• Use LULAC’s current resources to help guide you:

www.lulac.org/toolkit/

Help LULAC’s Border Children Relief Project• For more information, you can visit: • www.lulac.org/relief

Contact Information

Luis A. TorresDirector of Policy and Legislation

(202)-833-6130 [email protected]


unaccompanied children on the border: brief overview

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