Homeland Security Report on 'Customs and Border Protection’s Handling of Unaccompanied Children'

Homeland Security Report on 'Customs and Border Protection’s Handling of Unaccompanied Children'


The U.S. Department of Homeland Security, Office of Inspector General, has issued an important new report, Customs and Border Protection’s Handling of Unaccompanied Children. The CBP is required to comply with the Flores v. Reno Settlement Agreement, which sets forth the policy for the treatment of unaccompanied alien children who are in federal custody.

Unaccompanied alien children are defined in the Homeland Security Act, codified at 6 U.S.C.S. § 279(g), as  minors who are less than 18 years of age, who arrive in the United States without a parent or legal guardian, and who are in the temporary custody of federal authorities because of their immigration status.

The Flores v. Reno Settlement Agreement includes requirements that immigration officials detaining minors provide (1) food and drinking water, (2) medical assistance in the event of emergencies, (3) toilets and sinks, (4) adequate temperature control and ventilation, (5) adequate supervision to protect minors from others, and (6) separation from unrelated adults whenever possible.

The CBP’s Handling of Unaccompanied Children report details the findings and recommendations from the Office of Inspector General, based upon site visits to 30 Border Patrol stations and ports of entry, select document reviews, and independent observations.

Download a copy of CBP’s Handling of Unaccompanied Children.

Download a copy of the Flores v. Reno Settlement Agreement.

Charles Kuck and Grace Kennedy of Kuck Casablanca LLC explore how children are to be treated in immigration proceedings such as detention, asylum proceedings, removal cases, and special immigrant juvenile proceedings. Lexis.com subscribers can access this commentary, Charles H. Kuck and Grace Kennedy on Children in Immigration Proceedings. If you do not have a lexis.com ID, you can purchase Immigration Emerging Issues Analysis content through our lexisONE Research Packages.

The intersection of asylum procedures, asylum claims by children, the Flores v. Reno Settlement Agreement, and the Supreme Court’s decision in Reno v. Flores, 507 U.S. 292, 113 S. Ct. 1439; 123 L. Ed. 2d 1 (U.S. 1993) are examined in Asylum Procedures, 3-34 Immigration Law and Procedure § 34.02.

The detention and release of unaccompanied minors in immigration custody, as governed by the implementing regulations from the Flores v. Reno Settlement Agreement and subsequent guidelines and regulations, is analyzed in Powers of the U.S. Government to Release Detained Noncitizens, 8-108 Immigration Law and Procedure § 108.03.

Matthew Bender’s Immigration Law & Procedure is a comprehensive 20-volume publication that provides you with the authoritative treatise on immigration law, along with essential primary source materials, plus detailed Index, Table of Cases, and Table of Statutes, Rules, and Regulations. The authors, Stanley Mailman and Stephen Yale-Loehr, are nationally respected immigration specialists whose professional expertise has made Immigration Law & Procedure the flagship Immigration treatise. Their analysis and opinions on undecided points of law have carried considerable weight with the courts, including the U.S. Supreme Court. Immigration Law & Procedure is available on lexis.com and at The Store. A concise one-volume abridged reference version, Immigration Law and Procedure: Desk Edition, is also available at The Store.

Do you want to stay up-to-date about unaccompanied alien children and other cutting-edge immigration legal issues? Then subscribe to Bender's Immigration Bulletin. This twice-monthly newsletter combines expert legal analysis amd reprints of primary source materials, keeping you abreast of critical developments that impact your practice.

Videos, podcasts, blogs, articles, and expert commentaries on immigration law, enforcement, and reform are available at Focus on Immigration in the LexisNexis Emerging Issues Law Community. Additional features in Focus on Immigration include blogs and comments at the Immigration Law Group in martindale.com Connected, Immigration Articles from the martindale.com Legal Library, and Immigration Law Resources.