XVI Regional Conference on Migration Panama City, Panama June 20, 2012

1. U.S. Department of Homeland SecurityUnaccompanied Children Policies and Procedures Acting Deputy Assistant Secretary Kelly Ryan Department of Homeland SecurityOffice of Policy XVI Regional Conference on Migration Panama City, Panama June 20, 2012

2. Successes • Regional Guidelines For Special Protection In Cases Of The Repatriation Of Child Victims Of Trafficking (April 2007) • Regional Guidelines for the Assistance to Unaccompanied Minors In Cases of Repatriation (July 2009) • Workshop on Migrant and Refugee Boys, Girls and Adolescents (March 2012)

3. Discussion Points • Exploring opportunities to work more closely with RCM member countries • Continued collaboration with international organizations such as the UN High Commissioner for Refugees (UNHCR), International Organization for Migration (IOM) and International Committee of the Red Cross (ICRC).

4. Areas for Future Cooperation • Discuss consular notification procedures with RCM member countries in the United States (U.S.) for unaccompanied children • Through the RCM’s Consular’s Network, engage more actively on children issues by identifying subject matter experts • Collaborate with RCM member countries on best practices for the safe repatriation of unaccompanied children. • Expand public awareness campaigns specifically tailored for unaccompanied children

5. Push and Pull FactorsNeed for Further Study • Preliminary views on why the children may be leaving their homes: • Family Reunification • Victims of human trafficking • Fleeing violence in the home • Fear of gangs (recruitment, extortion, threats) • Economic hardship

6. U.S Legal Frameworks Governing Unaccompanied Children • U.S. law provides procedures and protections to foreign unaccompanied children within the U.S, which include: • The Homeland Security Act of 2002 • The William Wilberforce Trafficking Victims Protection Reauthorization Act (2008) • The Flores-Reno Settlement Agreement

7. Who are Unaccompanied Children • The U.S. definition of an Unaccompanied Alien Child, as defined in the Homeland Security Act of 2002 is a child who: • Has no lawful immigration status in the United States • Has not attained 18 years of age • Has no 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

8. U.S. Law Requirements • A landmark law is the 2008 reauthorization of the William Wilberforce Trafficking Victims Protection Act (TVPRA 2008). • TVPRA 2008 mandated that U.S. Government agencies: • Develop policies to ensure unaccompanied children in the U.S. are protected from traffickers and, when appropriate, are safely repatriated to their country of national or last habitual residence.

9. U.S. Government ResponsibilitiesScreening • As a matter of policy, DHS screens all unaccompanied children, though TVPRA 2008 only requires DHS to screen Mexican and Canadian unaccompanied children. • DHS generally screens for certain risk indicators within 48 hours from the time of encounter to determine if the child: • Is a victim of trafficking or at risk of becoming a victim if returned to their home country • Has a credible fear of persecution if returned • Is able to make an independent decision to voluntarily return to their home country. • .

10. U.S. Government ResponsibilitiesTransfer for Long-term Care and Custody • The responsibility of the placement and long-term care of unaccompanied children lies with the U.S. Department of Health and Human Services (HHS). • Generally, unaccompanied children are transferred to HHS within 72 hours after determining that the child is unaccompanied. • After the transfer of custody HHS is responsible for all aspects of the unaccompanied child’s care.

11. Immigration Proceedings • Allunaccompanied children from non-contiguous countries without valid immigration status are placed in immigration proceedings • Unaccompanied children from Mexico and Canada are placed into immigration proceedings if they: • Meet one of the risk indicators; or • Are apprehended somewhere other than a land border or port of entry • All unaccompanied children can pursue an asylum application with DHS U.S. Citizenship and Immigration Services (USCIS) in a non-adversarial setting, rather than with the immigration court.

12. Immigration Protections • An unaccompanied child may apply to USCIS for certain immigration benefits permitting them to remain in the U.S., which may include: • Asylum Status • U Nonimmigrant Status (victims of certain crimes) • T Nonimmigrant Status (victims of human trafficking) • Violence Against Women Act (VAWA) Self-Petitioners (victims of domestic violence) • Special Immigrant Juvenile (victims of abuse, abandonment or neglect in U.S. state juvenile court system)

13. Removal Process and Repatriation • When an unaccompanied child is ordered removed or granted voluntary departure by an immigration judge in immigration proceedings, DHS arranges for the child to return to his or her country of nationality. • In lieu of immigration proceedings, DHS may allow Mexican or Canadian unaccompanied children for whom screening does not indicate risk factors to withdraw their application for admission. • The majority of unaccompanied children are Mexican or Canadian and choose to voluntarily return to their home country rather than be placed in immigration proceedings.

14. Looking Forward… • The U.S. remains vigilant in ensuring that all children – accompanied and unaccompanied- are afforded the full protection of our laws. • We look forward to exploring ways to increase the collaboration and coordination between our countries. • Specially, consider expanding the RCM Consular Network to include experts who work on operational and policies issues pertaining to unaccompanied children.

15. QUESTIONS AND ANSWERS