Washington, DC – the Young Center for Immigrant Children’s Rights is among 23 organizations urging an end to recent Immigration and Custom Enforcement (ICE) and Homeland Security Investigations (HSI) interviews of unaccompanied children in Office of Refugee Resettlement (ORR) facilities. In a joint letter, the groups that provide vital services to migrant children warn that this wave of interviews, “which we understand some agencies may be taking the position are related to potential ‘reunification,’” have caused “acute fear among children in ORR custody and not adhered to trauma-informed, child-centered practices” and “stand to leave children less safe, not more.” In addition, the letter states the interviews run counter to existing law that distinguishes ORR’s child welfare mission from the immigration enforcement duties assigned to DHS, contributing to an increasingly blurred line between ORR and ICE.
In the letter, sent to the Acting Directors of ICE and ORR, signatories note that, “(M)any unaccompanied children in ORR custody have fled to the United States to escape dangers in their countries of origin such as trafficking, abuse, and persecution. As they pursue safety through the U.S. immigration system, they often endure ongoing trauma rooted in past harms and heightened by new and adverse experiences. This population is courageous and resilient. It is also deeply vulnerable.”
The letter details specific concerns stemming from the ICE and HSI interviews, including:
- ICE statements that interviews would facilitate “family reunification”—a process that ORR is mandated to carry out. In many cases, HSI has indicated to children that its interviews served the purpose of family reunification. This has prompted confusion over the line separating ORR, which is statutorily required to perform the sponsor vetting and placement process resulting in family reunification, and ICE. In other cases, HSI failed to explain to children why it was conducting the interviews.
- Chilling effect on children’s communication with U.S. authorities. Consistent with ORR’s mission as a child welfare agency, its shelters should serve as supportive, child-centered environments that account for unaccompanied children’s vulnerabilities and uphold their well-being as sponsor reunification unfolds. The widespread presence of immigration enforcement personnel carrying out questioning at length—sometimes in an aggressive manner and absent trauma-informed, child-centered practices—profoundly frightened many of the already vulnerable children in ORR’s care and raised questions over whether their pursuit of humanitarian protection in the United States would result in immigration enforcement consequences for their loved ones and/or themselves. This fear will endure. It is now less likely that children will feel comfortable sharing information with U.S. authorities, even when doing so is vital to children’s safety. These authorities include ORR child welfare professionals whose work relies on maintaining the trust of and communication with unaccompanied children.
- Limited notice to legal services providers and Child Advocates. In many cases, legal services providers that serve impacted ORR facilities have received limited notice that HSI interviews would take place, leaving little time to ensure availability while questioning occurred and even though these interviews could have implications for children’s legal proceedings. In some cases, providers received no notice at all and children underwent these interviews alone.
- Absence of confidentiality. In some cases, HSI conducted interviews of unaccompanied children within full view and earshot of other children without any other confidentiality safeguards.
- Unfamiliarity with family reunification processes. In some cases, HSI agents appeared to lack a basic understanding of the reunification process they stated they were facilitating. They were confused about shelter placements, release protocols, and the role of sponsors.
- Inadequate interpretation services. In some instances, HSI did not provide interpreters for their interviews or appear to have planned for interpretation, prompting other personnel to stand in as interpreters despite potential conflicts of interest and concerns around interpretation quality.
“Children who are intimidated and frightened by the interviews will be reluctant to share information with ORR personnel concerning their parents and legal guardians, foreclosing reunification in the loving homes of family members while leading to indefinite stays in ORR custody and potentially less secure sponsor placements,” the groups caution. “Children facing trafficking or abuse could now turn silent, even as their perpetrators grow bolder and their mistreatment intensifies. Children otherwise planning to attend their immigration court hearings in fulfillment of their legal obligations and to seek lifesaving protection might wonder if ICE agents will appear in courthouses too.”
Read the full letter here. The list of signatories is below.
Signers: Acacia Center for Justice, The Advocates for Human Rights, Al Otro Lado, Ayuda, Church World Service, The Door – A Center of Alternatives, Inc., Estrella del Paso, Florence Immigrant & Refugee Rights Project, Galveston-Houston Immigrant Representation Project (GHIRP), HIAS Pennsylvania, Immigration Center for Women and Children, Immigration Defenders Law Center (ImmDef), Jewish Family and Community Services of Pittsburgh, Justice in Motion, Kids in Need of Defense, Las Americas Immigrant Advocacy Center, Latino Memphis, Michigan Immigrant Rights Center, Mid-South Immigration Advocates, Orlando Center for Justice, Public Counsel, Rocky Mountain Immigrant Advocacy Network (RMIAN), Young Center for Immigrant Children’s Rights