Unaccompanied Children at the United States Border, a Human Rights Crisis that can be Addressed with Policy Change
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In recent years, unaccompanied minors have been journeying to the United States (U.S.)–Mexico border in great numbers in order to escape violence, poverty and exploitation in their home countries. Yet, unaccompanied children attempting to cross the United States border face treatment at the hands of government representatives which violates their inherent rights as children. The result is a human rights crisis that has severe health consequences for the children. Their rights as children are clearly delineated in various, international human rights documents which merit increased understanding of and recognition by the U.S. government. This paper calls for the improvement of policies and procedures for addressing the rights of unaccompanied immigrant children; it provides specific, rights-based recommendations which work together to safeguard the rights of the child at the U.S. southwestern border.
Compliance with Ethical Standards
Conflict of interest
Janna Ataiants, Chari Cohen, Amy Henderson Riley, Jamile Tellez Lieberman, Mary Clare Reidy, and Mariana Chilton have declared that they have no conflict of interests.
This article does not contain any studies with human participants performed by any of the authors.
- 1.U.N. General Assembly. Convention on the Rights of the Child. UN Doc. A/Res/44/25; 20 November 1989.Google Scholar
- 2.Women’s Refugee Commission. Forced from home: The lost boys and girls of Central America; October 2012. https://www.womensrefugeecommission.org/component/zdocs/document?id=844-forced-from-home-the-lost-boys-and-girls-of-central-america. Accessed 15 April 2016.
- 3.Kandel WA, Bruno A, Meyer PJ, Seelke CR, Taft-Morales M, Wasem RE. Unaccompanied alien children: potential factors contributing to recent immigration. Congressional Research Service, CRS Report R43628; 3 July 2013. http://www.fas.org/sgp/crs/homesec/R43628.pdf. Accessed 2 July 2016.
- 4.Krogstad JM, Gonzalez-Barrera A, Hugo Lopez MH. Children 12 and under are fastest growing group of unaccompanied minors at U.S. border. Pew Research Center; 22 July 2014. http://www.pewresearch.org/fact-tank/2014/07/22/children-12-and-under-are-fastest-growing-group-of-unaccompanied-minors-at-u-s-border/. Accessed 15 April 2016.
- 5.U.N. High Commissioner for Refugees. Children on the run: Unaccompanied children leaving Central America and Mexico and the need for international protection; 2014. http://www.unhcrwashington.org/sites/default/files/1_UAC_Children%20on%20the%20Run_Full%20Report.pdf. Accessed 15 April 2016.
- 6.Homeland Security Act of 2002, Pub. L. 107–296, 116 Stat. 2135.Google Scholar
- 7.U.S. Customs and Border Protection. United States Border Patrol southwest family unit subject and unaccompanied alien children apprehensions Fiscal Year 2016. http://www.cbp.gov/newsroom/stats/southwest-border-unaccompanied-children/fy-2016. Accessed 27 Oct 2016.
- 8.ACAPS (The Assessment Capacities Project). Other situations of violence in the Northern Triangle of Central America: Invisible borders, vicious spirals and the normalization of terror. Executive summary; 2014. http://acaps.org/en/news/other-situations-of-violence-in-the-northern-triangle-of-central-america/1. Accessed 15 April 2016.
- 9.Isacson A, Meyer M. On the front lines: Border security, migration, and humanitarian concerns in South Texas. Washington Office on Latin America (WOLA); 2015. http://www.wola.org/sites/default/files/ONTHEFRONTLINES.pdf. Accessed 15 April 2016.
- 10.United Nations Office on Drugs and Crime (UNODC). Global study on homicide 2013: Trends, contexts, data; 2013. https://www.unodc.org/documents/data-and-analysis/statistics/GSH2013/2014_GLOBAL_HOMICIDE_BOOK_web.pdf. Accessed 15 April 2016.
- 11.Pederzini C, Riosmena F, Masferrer C, Molina N. Three decades of migration from the Northern Triangle of Central America: A historical and demographic outlook. CANAMID Policy Brief Series, PB01, CIESAS: Guadalajara, Mexico; 2015. http://www.canamid.org/en/publication?id=PB01. Accessed 16 April 2016.
- 12.Cantor DJ. The New Wave: Forced displacement caused by organized crime in Central America and Mexico. Refugee Survey Quarterly 2014; Jun 10:hdu008. http://rsq.oxfordjournals.org/content/early/2014/06/10/rsq.hdu008.full.pdf. Accessed 15 April 2016.
- 14.Van Os ECC, Kalverboer ME, Zijlstra AE, Post WJ, Knorth EJ. Knowledge of the unknown child: A systematic review of the elements of the best interests of the child assessment for recently arrived refugee children. Clin Child Fam Psychol Rev. 2016;19(3):185–203.CrossRefPubMedPubMedCentralGoogle Scholar
- 22.William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Pub. L. 110–457, 122 Stat. 5044.Google Scholar
- 23.American Immigration Council. Children in danger: A guide to the humanitarian challenge at the border; July 2014. http://www.immigrationpolicy.org/special-reports/children-danger-guide-humanitarian-challenge-border. Accessed 2 July 2016.
- 24.Child Welfare Information Gateway. Determining the best interests of the child; 2012. https://www.childwelfare.gov/pubPDFs/best_interest.pd. Accessed 3 July 2016.
- 25.National Immigrant Justice Center, Esperanza Immigrant Rights Project, Americans for Immigrant Justice, Florence Immigrant and Refugee Rights Project, ACLU Border Litigation Project. Re: Systemic abuse of unaccompanied immigrant children by U.S. Customs and Border Protection; 11 June 2014. http://www.immigrantjustice.org/sites/immigrantjustice.org/files/FINAL%20DHS%20Complaint%20re%20CBP%20Abuse%20of%20UICs%202014%2006%2011.pdf. Accessed 15 April 2016.
- 26.Kandel WA. Unaccompanied alien children: an overview. Congressional Research Service, CRS Report R43599; 13 June 2014. http://fas.org/sgp/crs/homesec/R43599.pdf. Accessed 3 July 2016.
- 27.Appleseed. Children at the border: The screening, protection and repatriation of unaccompanied Mexican minors; 2011. http://appleseednetwork.org/wp-content/uploads/2012/05/Children-At-The-Border1.pdf. Accessed 3 July 2016.
- 28.U.S. Government Accountability Office. Unaccompanied alien children: Actions needed to ensure children receive required care in DHS custody. GAO-15-521; 2015. http://www.gao.gov/products/GAO-15-521. Accessed 7 Nov 2016.
- 29.Office of Refugee Resettlement. Unaccompanied children released to sponsors by state; 2016. http://www.acf.hhs.gov/programs/orr/programs/ucs/state-by-state-uc-placed-sponsors. Accessed 5 July 2016.
- 30.TRAC Immigration. Immigration court backlog tool: Pending cases and length of wait in immigration courts; 2016. http://trac.syr.edu/phptools/immigration/court_backlog/. Accessed 5 Nov 2016.
- 31.National Immigrant Justice Center. Unaccompanied immigrant children. A policy brief from Heartland Alliance’s National Immigrant Justice Center; January 2014. https://immigrantjustice.org/sites/immigrantjustice.org/files/NIJC%20Policy%20Brief%20-%20Unaccompanied%20Immigrant%20Children%20FINAL%20Winter%202014.pdf. Accessed 5 July 2016.
- 32.TRAC Immigration. New data on unaccompanied children in immigration court; 15 July 2014. http://trac.syr.edu/immigration/reports/359/. Accessed 16 April 2016.
- 33.8 U.S.C. § 1232(c)(5).Google Scholar
- 34.Pazmino G. Over 100 unaccompanied minors gain legal status through City Council program. Politico.com; 11 August 2016. http://www.politico.com/states/new-york/city-hall/story/2016/08/unaccompanied-minors-secure-legal-status-through-councils-legal-representation-program-104674. Accessed 7 Nov 2016.
- 35.State of California, Office of Governor Edmund G. Brown Jr. Governor Brown, Attorney General Harris and legislative leaders announce unaccompanied minor legislation; 21 August 2014. https://www.gov.ca.gov/news.php?id=18658. Accessed 7 Nov 2016.
- 36.U.S. Department of Justice. Justice Department and CNCS Announce $1.8 Million in Grants to Enhance Immigration Court Proceedings and Provide Legal Assistance to Unaccompanied Children; 12 September 2014. https://www.justice.gov/opa/pr/justice-department-and-cncs-announce-18-million-grants-enhance-immigration-court-proceedings. Accessed 7 Nov 2016.
- 37.Children and Families Administration. Announcement of the award of two single-source program expansion supplement grants to support legal services to refugees under the Unaccompanied Alien Children’s Program. Federal Register: The Daily Journal of the United States. 16 October 2014; 79(200). https://www.federalregister.gov/documents/2014/10/16/2014-24555/announcement-of-the-award-of-two-single-source-program-expansion-supplement-grants-to-support-legal. Accessed 7 Nov 2016.
- 38.United States Senate Committee on the Judiciary. Questions. Hearing on “The unaccompanied children crisis: does the Administration have a plan to stop the border surge and adequately monitor the children?”; 23 February 2016. https://www.judiciary.senate.gov/imo/media/doc/Osuna%20Responses%20to%20QFRs.pdf. Accessed 7 Nov 2016.
- 39.ACLU (American Civil Liberties Union). J.E.F.M. v. Lynch; 2016. https://www.aclu.org/cases/jefm-v-lynch. Accessed 7 November 2016.
- 40.Blake C. Normative instruments in international human rights law: Locating the General Comment. Center for Human Rights and Global Justice Working Paper. NYU School of Law; 2008. http://chrgj.org/wp-content/uploads/2012/07/blake.pdf. Accessed 26 Oct 2016.
- 41.U.N. Committee on the Rights of the Child. General comment no. 6 (2005): Treatment of unaccompanied and separated children outside their country of origin. UN Doc. CRC/C/GC/06; 2005.Google Scholar
- 42.U.N. Committee on the Rights of the Child. General comment no 12 (2009): The right of the child to be heard. UN Doc. CRC/C/GC/12; 2009.Google Scholar
- 43.U.N. Committee on the Rights of the Child. General comment no 13 (2011): The right of the child to freedom from all forms of violence. UN Doc. CRC/C/GC/13; 2011.Google Scholar
- 44.U.N. Committee on the Rights of the Child. General comment no. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration. UN Doc. CRC/C/GC/14; 2013.Google Scholar
- 45.U.N. Committee on the Rights of the Child. General comment no. 15 (2013): on the right of the child to the enjoyment of the highest attainable standard of health. UN Doc. CRC/C/GC/15; 2013.Google Scholar
- 46.U.N. General Assembly. Optional protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography. UN Doc. A/RES/54/263; 2002.Google Scholar
- 47.U.N. General Assembly. Convention Relating to the Status of Refugees. UN Doc. A/RES/429(V); 1951.Google Scholar
- 48.U.N. General Assembly. Protocol Relating to the Status of Refugees. UN Doc. A/RES/2198(XXI); 1967.Google Scholar
- 49.U.N. General Assembly. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. UN Doc. A/RES/39/46; 10 December 1984.Google Scholar
- 50.U.N. General Assembly. Resolution adopted by the General Assembly: Guidelines for the alternative care of children. UN Doc. A/RES/64/142; 2010.Google Scholar
- 51.U.N. General Assembly. Resolution adopted by the General Assembly: Rights of the child. UN Doc. A/RES/68/147; 2013.Google Scholar
- 52.U.S. House of Representatives. House Democrats introduce Fair Day in Court for Kids Act; 14 July 2016. https://lofgren.house.gov/news/documentsingle.aspx?DocumentID=398063. Accessed 7 Nov 2016.
- 53.King S. Alone and unrepresented: a call to Congress to provide counsel for unaccompanied minors. Harvard J Legis 2013; 50(2).Google Scholar
- 54.Yu Hsi Lee E. House Speaker says Congress may not act on immigration reform, no matter what Obama does. ThinkProgress; 6 November 2014. https://thinkprogress.org/house-speaker-says-congress-may-not-act-on-immigration-reform-no-matter-what-obama-does-46e1c30f2e3c#.j0d0jusa8. Accessed 1 Nov 2016.
- 56.National Center for Mental Health and Juvenile Justice. Mental health training curriculum for juvenile justice; 2016. http://www.ncmhjj.com/services/trainings/mental-health-training-curriculum-juvenile-justice-mhtc-jj/. Accessed 1 Nov 2016.
- 58.The National Child Traumatic Stress Network. Essential elements of a trauma-informed juvenile justice system. http://www.nctsn.org/sites/default/files/assets/pdfs/jj_ee_final.pdf. Accessed 5 Nov 2016.
- 60.U.S. Department of Homeland Security. Yearbook of Immigration Statistics 2014; 2016. https://www.dhs.gov/immigration-statistics/yearbook/2014. Accessed 1 Dec 2016.
- 61.Marshall S. Obama has deported more people than any other President. ABC News; 29 August 2016. http://abcnews.go.com/Politics/obamas-deportation-policy-numbers/story?id=41715661. Accessed 1 Dec 2016.
- 62.U.S. Citizenship and Immigration Services. In-Country Refugee/Parole processing for minors in Honduras, El Salvador and Guatemala (Central American Minors—CAM); 2016. https://www.uscis.gov/CAM. Accessed 5 Nov 2016.
- 63.U.N. Committee against Torture. Concluding observations on the third to fifth periodic reports of United States of America. UN Doc. CAT/C/USA/CO/3-5; 2014.Google Scholar