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Date: April 30, 2024 Tue
Time: 1:48 am
Time: 1:48 am
Results for undocumented aliens
2 results foundAuthor: Seghetti, Lisa Title: Unaccompanied Alien Children: An Overview Summary: The number of unaccompanied alien children (UAC) arriving in the United States has reached alarming numbers that has strain the system put in place over the past decade to handle such cases. UAC are defined in statute as children who lack lawful immigration status in the United States, who are under the age of 18, and who are without a parent or legal guardian in the United States or no parent or legal guardian in the United States is available to provide care and physical custody. Two statutes and a legal settlement most directly affect U.S. policy for the treatment and administrative processing of UAC: the Flores Settlement Agreement of 1997; the Homeland Security Act of 2002; and the Trafficking Victims Protection Reauthorization Act of 2008. Several agencies in the Department of Homeland Security (DHS) and the Department of Health and Human Services' (HHS) Office of Refugee Resettlement (ORR) share responsibilities for the processing, treatment, and placement of UAC. DHS Customs and Border Protection apprehends and detains UAC arrested at the border while Immigration and Customs Enforcement (ICE) handles the transfer and repatriation responsibilities. ICE also apprehends UAC in the interior of the country and is responsible for representing the government in removal proceedings. HHS is responsible for coordinating and implementing the care and placement of UAC in appropriate custody. Four countries account for almost all of the UAC cases (El Salvador, Guatemala, Honduras, and Mexico) and much of the recent increase has come from El Salvador, Guatemala, and Honduras. In FY2009, Mexican UAC accounted for 82% of 19,668 UAC apprehensions, while the other three Central American countries accounted for 17%. By the first eight months of FY2014, the proportions had almost reversed, with Mexican UAC comprising only 25% of the 47,017 UAC apprehensions, and UAC from the three Central American countries comprising 73%. Both the Administration and Congress have begun to take action to respond to the surge in UAC coming across the border. The Administration has developed a working group to coordinate the efforts of the various agencies involved in responding to the issue. It also has opened additional shelters and holding facilities to accommodate the large number of UAC apprehended at the border. The Administration has also announced plans to provide funding to the affected Central American countries for a variety of programs and security-related initiatives. Relatedly, Congress is considering funding increases for HHS and DHS. Details: Washington, DC: Congressional Research Service, 2014. 17p. Source: Internet Resource: R43599: Accessed July 1, 2014 at: http://fas.org/sgp/crs/homesec/R43599.pdf Year: 2014 Country: United States URL: http://fas.org/sgp/crs/homesec/R43599.pdf Shelf Number: 132583 Keywords: Border SecurityIllegal ImmigrantsImmigrationUnaccompanied Alien ChildrenUndocumented AliensUndocumented Children |
Author: Manuel, Kate M. Title: Unaccompanied Alien Children - Legal Issues: Answers to Frequently Asked Questions Summary: Recent reports about the increasing number of alien minors apprehended at the U.S. border without a parent or legal guardian have prompted numerous questions about so-called unaccompanied alien children (UACs). Some of these questions pertain to the numbers of children involved, their reasons for coming to the United States, and current and potential responses of the federal government and other entities to their arrival. Other questions concern the interpretation and interplay of various federal statutes and regulations, administrative and judicial decisions, and settlement agreements pertaining to alien minors. This report addresses the latter questions, providing general and relatively brief answers to 14 frequently asked questions regarding UACs. Some of the questions and answers in the report provide basic definitions and background information relevant to discussions of UACs, such as the legal definition of unaccompanied alien child; the difference between being a UAC and having Special Immigrant Juvenile (SIJ) status; the terms and enforcement of the Flores settlement agreement; and why UACs encountered at a port of entry-as some recent arrivals have been-are not turned away on the grounds that they are inadmissible. Other questions and answers explore which federal agencies have primary responsibility for maintaining custody of alien children without immigration status; removal proceedings against such children; the release of alien minors from federal custody; the "best interest of the child" standard; and whether UACs could obtain asylum due to gang violence in their home countries. Yet other questions and answers address whether UACs have a right to counsel at the government's expense; their ability under the Vienna Convention on Consular Relations to have consular officials of their home country notified of their detention; and whether UACs are eligible for inclusion in the Obama Administration's Deferred Action for Childhood Arrivals (DACA) initiative. Details: Washington, DC: Congressional Research Service, 2014. 27p. Source: Internet Resource: R43623: Accessed August 11, 2014 at: http://fas.org/sgp/crs/homesec/R43623.pdf Year: 2014 Country: United States URL: http://fas.org/sgp/crs/homesec/R43623.pdf Shelf Number: 132989 Keywords: Border SecurityIllegal Aliens Illegal ImmigrantsUndocumented AliensUndocumented Children (U.S.) |