U.S. Department of Justice 

IMMIGRATION AND NATURALIZATION SERVICE 

FACT SHEET 9/7/00(rev.) 

INS’ Juvenile Detention and Shelter Care Program 

Background 

Under the Immigration and Nationality Act, the Immigration and Naturalization 

Service (INS) is responsible for detaining unaccompanied juveniles who enter the 

United States illegally, go out of legal status, or commit a deportable offense. INS also 

is responsible for ensuring a juvenile’s timely appearance in immigration court. 

In addition to meeting the government’s legal obligations, INS is committed to 

the safety and welfare of unaccompanied juveniles. In some cases, INS must protect 

them from potential harm by alien smuggling organizations and those who prey on 

children. To ensure appropriate care and safety, INS officials place juveniles in facilities 

licensed by appropriate federal, state or county authorities. Prior to releasing juveniles 

from custody, INS officials conduct record checks and hold interviews with potential 

sponsors or family members. In addition, home assessments are conducted for alien 

juveniles with special issues and needs, especially juveniles smuggled into the United 

States. INS defines an “unaccompanied juvenile” as any person under the age of 18 

whose parents or legal guardians are not present at entry. 

The detention of juveniles currently in the United States without parents or legal 

guardians presents unique challenges. The number of unaccompanied juveniles 

arriving in the United States has doubled in just the last three years, rising from 2,375 in 

FY 1997 to 4,607 in FY 1999. Even so, INS employees are steadfastly committed to 

ensuring the physical and emotional safety and well being of every juvenile in INS 

custody. Before releasing them from its custody, INS seeks to determine the 

appropriateness of their placement arrangements with responsible adults or family 

members in the United States or in their country of origin. 

INS Policy 

INS has a standard, nationwide policy, which states that: 

• Juveniles should be treated with dignity, respect and special concern for their 

vulnerabilities; 

• Juveniles should be placed in the least restrictive setting possible; 

• Juveniles should be released to family members, if possible; and 

• An INS officer should not release a juvenile to a person or agency if the officer 

believes the person or agency may harm, neglect or fail to present the juvenile 

to immigration court. 

INS policy requires juveniles to be released to (in order of priority): 

(more) 

Prepared by the Office of Public Affairs (202) 514-2648 Internet: www.ins.usdoj.gov
INS’ Juvenile Detention and Shelter Care Program 

Page 2 

1) Parent; 

2) Legal guardian; 

3) Adult relative (brother, sister, aunt, uncle or grandparent); 

4) Responsible adult designated by the parent or legal guardian in a sworn 

affidavit; or 

5) Licensed child-care facility (foster, group or boarding home). 

The person or facility assuming custody must sign an agreement with INS to 

provide for the juvenile's physical, mental and financial well-being; ensure the 

juvenile’s presence at all future INS proceedings; notify INS of any change of address; 

and not transfer custody of the juvenile to any other person or facility without the 

written permission of INS. 

The policy also requires that juveniles not released be placed only in facilities that 

have separate accommodations designed for their needs. INS does not operate any such 

facilities, but has contracts with nonprofit organizations and state and county agencies 

across the country that specialize in the care of and provision of services to juveniles. 

Within the limitations imposed by available juvenile care space, INS policy 

prohibits keeping juveniles in secure juvenile detention facilities longer than 72 hours 

unless the juvenile: 

• Is an escape risk, 

• Is at risk from harm (safety issues, i.e., smugglers, gangs, etc.), 

• Is considered by the courts to be a delinquent or is facing a delinquency 

hearing, 

• May be or has been charged with or convicted of a crime, or 

• Has shown disruptive or violent behavior while in a licensed program. 

Facility Overview 

INS’ Juvenile Detention and Shelter Care Program contracts for services in a 

variety of facilities in the United States that are equipped to house juveniles. INS uses a 

number of facilities across the country with regularity, including some 25 to 30 facilities 

that it uses frequently. In those facilities, INS has access to approximately 600 juvenile 

beds, 475 of which are in non-secure facilities. In addition, INS plans to open a new 

Family Shelter Care Program, designed to help keep immediate family members 

together while in INS custody. This facility should be ready for use in 2001. 

All facilities are state-licensed and, as such, meet or exceed state requirements in 

the areas of safety, education, recreation and physical exercise, nutrition, and medical 

and counseling services. INS ensures that each facility is staffed with or has access to 

language interpreters to explain procedures and the juveniles’ rights under U.S. law. 

(more) 
INS’ Juvenile Detention and Shelter Care Program 

Page 3 

In addition, trained INS personnel inspect these facilities once per year to ensure 

that the facility meets established INS standards. 

Educational classes are provided to all juveniles in INS custody. Juveniles in INS 

custody have access to libraries, either on the premises or through linkages with local 

county library systems. Facilities used by INS provide appropriate access to telephones. 

Many of the considerations INS makes for the comfort and well-being of the 

juveniles in its custody exceed state licensing standards and requirements. 

Staff Expertise 

INS’ National Juvenile Coordinator is a recognized authority with more than 23 

years of experience in juvenile justice, victim assistance and child welfare systems. This 

coordinator works at INS headquarters in Washington, D.C., and acts as the national 

liaison for all aspects of INS’ Juvenile Detention and Shelter Care Program to include 

policy, training and contingency planning. In the field, the contract employees who 

operate the facilities used to house juvenile detainees are highly qualified professionals 

with many years’ experience working with children. Many of these employees have 

masters or doctoral degrees in child psychology, social work or a related field. 

Training 

Training INS staff on juvenile policies and procedures is a priority for INS. 

Within three months after the signing of the Flores v Reno Settlement (February 1997) 

more than 15,000 INS employees received training on the aspects and requirements of 

the settlement. To assist with the training, a 30-minute video was prepared. In 

addition, training on the settlement has been implemented in INS’ training academies. 

In March 1999, the INS Juvenile Protocol Manual was prepared and distributed to all 

appropriate INS personnel. In January 2000, INS provided a short training session for 

key Juvenile Coordinators in Dana Point, Calif. During this training, a one-day session 

was held to present the Family Shelter Care Project to key staff members and Juvenile 

Coordinators in all three INS regions. Finally, INS held its third National 

Conference/Training Session on juvenile issues in September 2000. 

In February 2000, INS provided training for staff members of the Lutheran 

Immigration and Refugee Service and the United States Catholic Conference (INS 

contractors) on how to conduct home assessments and gather pertinent information for 

INS’ review prior to releasing juveniles to sponsors. 

Statistical Tracking of Juvenile Cases 

In 1997, INS created a national statistical database known as the Juvenile Alien 

Management System to track the status of all juveniles in INS custody. 

(more) 
INS’ Juvenile Detention and Shelter Care Program 

Page 4 

Key Juvenile Statistics 

1997 1998 1999 

Total Juveniles in custody 3,149 4,457 4,607 

Male 2,615 3,602 3,619 

Female 534 855 988 

Top 5 Countries: (Alphabetical Order) 

China 243 299 648 

El Salvador 686 979 813 

Guatemala 511 834 721 

Honduras 698 826 1,055 

Mexico 646 970 809 

* * * * * 

Total Custody Events NA 5,323 5,644 

Percent in Secure Facilities * NA 38% 35% 

Total in Secure Facilities NA 2012 1,958 

Percent in Non-Secure Facilities *NA 62% 

Total in Non-Secure Facilities NA 3,311 3,686 

* Percentages refer to custody events, not total juveniles in custody. 

– INS –

 65