DHS Watchdog Alerts to ‘Urgent Issue’ Concerning Unaccompanied Children

The Department of Homeland Security’s internal watchdog has flagged a critical issue regarding the handling of cases involving unaccompanied migrant children. A recent report warns that the Immigration and Customs Enforcement (ICE) agency is struggling to keep accurate track of all unaccompanied minors who have been released from government care.

In an interim report sent to Congress, it was revealed that over the past five years, more than 32,000 unaccompanied migrant children did not attend their scheduled immigration court hearings, and ICE was unable to ascertain the whereabouts of many of these minors.

Inspector General Joseph Cuffari highlighted the troubling situation, stating that without the means to monitor where these children are, ICE lacks assurance regarding their safety against potential trafficking, exploitation, or forced labor. Cuffari urged immediate action to protect the well-being of these children living in the United States.

This investigation is part of a broader audit assessing ICE’s capacity to track unaccompanied minors who have been released or transferred from U.S. custody upon entering the country.

Between 2019 and 2023, a time frame that encompasses both the Trump and Biden administrations, immigration officials transferred more than 448,000 unaccompanied migrant children from ICE’s custody to the Department of Health and Human Services (HHS). HHS is tasked with placing these children with suitable sponsors, foster homes, or other adequate locations.

After interviewing over 100 officials and inspecting ten ICE field offices, the inspector general discovered that immigration officials often struggle to monitor where unaccompanied migrant children end up after being released, particularly when they do not appear in immigration court as scheduled.

In instances where unaccompanied minors fail to show up for their court hearings, federal judges often issue multiple continuances, delaying proceedings until they ultimately have no choice but to issue deportation orders.

Earlier this year, multiple hearings in immigration court were attended by representatives from ABC News, where judges found themselves compelled to issue removal orders for unaccompanied minors who missed their scheduled appearances. Additionally, according to the Department of Justice, just 56% of these children are represented by legal counsel.

Many unaccompanied minors face daunting challenges, forcing them to navigate the court system without legal representation. The interim report also indicated that as of May 2024, over 291,000 unaccompanied children had not undergone removal proceedings because ICE had not provided them with notices to appear or scheduled court dates. This means that the actual number of children failing to appear for their hearings could be exponentially higher than the reported figure of 32,000.

The report emphasized the importance of immigration court hearings, which serve as ICE’s primary opportunity to identify any potential indicators of trafficking or safety concerns among the children. When ICE fails to issue notices or schedule hearings, it significantly undermines efforts to ensure their safety.

Several key challenges confronting ICE were cited in the report, including inadequate staffing levels that limit officers’ time and ability to verify the locations or case statuses of migrants. Such resource constraints also hinder the agency’s capacity to issue necessary notices to all unaccompanied children following their release from HHS custody.

The report also pointed out that ICE faces burdens due to cumbersome, manual processes involved in sharing information on children who do not appear in court. To address these issues, the watchdog recommended the development of an automated system to document court appearances and keep updated address information for unaccompanied minors.

ICE officials have acknowledged the inspector general’s recommendation to implement an automated tracking system. However, they also expressed concerns that the report did not fully capture the structural challenges that complicate their efforts to track these minors and that this oversight may lead to misunderstanding regarding their processes.