Unaccompanied Children on the Border: Brief Overview Presented by Luis Torres LULAC Director of Policy and Legislation v League of United Latin American Citizens

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 § 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 EAGUE OF U NITED L ATIN A MERICAN C ITIZENS

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 L EAGUE OF U NITED L ATIN A MERICAN C ITIZENS 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)

Number of UAC Arrivals Over Last 6 Fiscal Years. CountryFiscal Year 2009 Fiscal Year 2010 Fiscal Year 2011 Fiscal Year 2012 Fiscal Year 2013 Fiscal Year 2014 El Salvador1,2211,9101,3943,3145,9909,850 Guatemala1,1151,5171,5653,8358,06811,479 Honduras9681, ,9976,74713,282 Mexico16,11413,72411,76813,97417,24011,577 Total:19,41818,16815,70124,12038,04546,188 Source:

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 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? L EAGUE OF U NITED L ATIN A MERICAN C ITIZENS State# of UAC Alabama515 Alaska5 Arizona203 Arkansas209 California3909 Colorado263 Connecticut394 Delaware141 District of Columbia 238 Florida3809 Georgia1412 UAC release data from January 1st to July 31st State# of UAC Hawaii8 Idaho13 Illinois377 Indiana309 Iowa159 Kansas207 Kentucky284 Louisiana1275 Maine12 Maryland2804 Massachusetts989 Michigan124

Where are the UAC’s being kept? L EAGUE OF U NITED L ATIN A MERICAN C ITIZENS UAC release data from January 1st to July 31st State# of UAC Hawaii8 Idaho13 Illinois377 Indiana309 Iowa159 Kansas207 Kentucky284 Louisiana1275 Maine12 Maryland2804 Massachusetts989 Michigan124 State# of UAC Minnesota202 Mississippi202 Missouri146 Montana1 Nebraska232 Nevada163 New Hampshire 24 New Jersey1877 New Mexico28 New York4244 North Carolina1429

Where are the UAC’s being kept? L EAGUE OF U NITED L ATIN A MERICAN C ITIZENS UAC release data from January 1st to July 31st State# of UAC Vermont3 Virginia2856 Virgin Islands4 Washington265 West Virginia12 Wisconsin60 Wyoming7 Total37477 State# of UAC North Dakota4 Ohio405 Oklahoma241 Oregon73 Pennsylvania456 Puerto Rico1 Rhode Island148 South Carolina434 South Dakota27 Tennessee909 Texas5280 Utah85 (Source: Department of Health and Human Services, Office of Refugee Resettlement)Source: Department of Health and Human Services, Office of Refugee Resettlement)

What is Congress doing? L EAGUE OF U NITED L ATIN A MERICAN C ITIZENS 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.

What is Congress doing? L EAGUE OF U NITED L ATIN A MERICAN C ITIZENS 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.

What is Congress doing? L EAGUE OF U NITED L ATIN A MERICAN C ITIZENS 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 here.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.here. Read all of LULAC’s Policy Letters and Advocacy Materials (including resources on UACs) by visiting:

How Can You Help? Messaging is important- Speak up for the kids! Participate in our action alert: Help LULAC’s Border Children Relief Project L EAGUE OF U NITED L ATIN A MERICAN C ITIZENS

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 EAGUE OF U NITED L ATIN A MERICAN C ITIZENS

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 EAGUE OF U NITED L ATIN A MERICAN C ITIZENS

Action Alert Go to 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:

Help LULAC’s Border Children Relief Project For more information, you can visit:

Contact Information Luis A. Torres Director of Policy and Legislation (202) EXT.112 L EAGUE OF U NITED L ATIN A MERICAN C ITIZENS