League of United Latin American Citizens
Unaccompanied Children on the
Border: Brief Overview
Presented by Luis Torres
LULAC Director of Policy and Legislation
v8.13.2014
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)
L E A G U E O F U N I T E D L AT I N A M E R I C A N C I T I Z E N S
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
(Source: United States Conference of Catholic Bishops, PowerPoint, 6/2014)
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
(Source: United States Conference of Catholic Bishops, PowerPoint, 6/2014)
L E A G U E O F U N I T E D L AT I N A M E R I C A N C I T I Z E N S
Number of UAC Arrivals
Over Last 6 Fiscal Years
Country
•.
Fiscal Year
2009
Fiscal 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
What happens to UACs
When/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
(Source: United States Conference of Catholic Bishops, PowerPoint, 6/2014)
What happens to UACs
When/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
(Source: United States Conference of Catholic Bishops, PowerPoint, 6/2014)
Where are the UAC’s
being kept?
UAC release data from January 1st to July 31st
State
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of
Columbia
Florida
Georgia
# of UAC
515
5
203
209
3909
263
394
141
238
3809
1412
State
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
# of UAC
8
13
377
309
159
207
284
1275
12
2804
989
124
L E A G U E O F U N I T E D L AT I N A M E R I C A N C I T I Z E N S
Where are the UAC’s
being kept?
UAC release data from January 1st to July 31st
State
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
# of UAC
8
13
377
309
159
207
284
1275
12
2804
989
124
State
# of UAC
Minnesota
202
Mississippi
202
Missouri
146
Montana
1
Nebraska
232
Nevada
163
New
24
Hampshire
New Jersey
1877
New Mexico
28
New York
4244
North Carolina
1429
L E A G U E O F U N I T E D L AT I N A M E R I C A N C I T I Z E N S
Where are the UAC’s
being kept?
UAC release data from January 1st to July 31st
State
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
# of UAC
4
405
241
73
456
1
148
434
27
909
5280
85
State
Vermont
Virginia
Virgin Islands
Washington
West Virginia
Wisconsin
Wyoming
Total
# of UAC
3
2856
4
265
12
60
7
37477
(Source: Department of Health and Human Services, Office of
Refugee Resettlement)
L E A G U E O F U N I T E D L AT I N A M E R I C A N C I T I Z E N S
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.
L E A G U E O F U N I T E D L AT I N A M E R I C A N C I T I Z E N S
What is Congress
doing?
• 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.
L E A G U E O F U N I T E D L AT I N A M E R I C A N C I T I Z E N S
What is Congress
doing?
• 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
L E A G U E O F U N I T E D L AT I N A M E R I C A N C I T I Z E N S
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
L E A G U E O F U N I T E D L AT I N A M E R I C A N C I T I Z E N S
Messaging
• Why UACs Are Migrating
o Children are fleeing violence in their communities
o Children are leaving situations of abuse and neglect
o 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
(Source: United States Conference of Catholic Bishops, PowerPoint, 6/2014)
L E A G U E O F U N I T E D L AT I N A M E R I C A N C I T I Z E N S
Messaging
OTHER 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.
(Source: United States Conference of Catholic Bishops, PowerPoint, 6/2014)
L E A G U E O F U N I T E D L AT I N A M E R I C A N C I T I Z E N S
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. Torres
Director of Policy and Legislation
(202)-833-6130 EXT.112
latorres@lulac.org
L E A G U E O F U N I T E D L AT I N A M E R I C A N C I T I Z E N S