A Review of DHS’ Responsibilities

For Juvenile Aliens

DEPARTMENT OF HOMELAND SECURITY

Office of Inspector General

Office of Inspections and Special Reviews

OIG-05-45 September 2005
Office of Inspector General

U.S. Department of Homeland Security

Washington, DC 20528

Preface

The Department of Homeland Security (DHS) Office of Inspector General (OIG) was established by 

the Homeland Security Act of 2002 (Public Law 107-296) by amendment to the Inspector General 

Act of 1978. This is one of a series of audit, inspection, and special reports prepared by our office as 

part of our DHS oversight responsibilities to promote economy, effectiveness, and efficiency within 

the department.

This report examines the treatment of juveniles who are apprehended and initially detained by DHS 

components. It is based on interviews with employees and officials of relevant agencies and 

institutions, direct observations, statistical analyses, and a review of applicable documents.

The recommendations herein have been developed to the best knowledge available to our office, and 

have been discussed in draft with those responsible for implementation. It is our hope that this report 

will result in more effective, efficient, and economical operations. We express our appreciation to all 

of those who contributed to the preparation of this report.

Richard L. Skinner

Inspector General
Table of Contents

A Review of DHS’ Responsibilities for Juvenile Aliens

Executive Summary.........................................................................................................................1

Background ......................................................................................................................................3

Results of Review ..........................................................................................................................11

Apprehension and Immigration Processing of Juvenile Aliens............................................11

Juveniles’ Access to Legal Counsel.............................................................................11

Varying Conditions of Confinement at CBP Facilities................................................12

Juveniles’ Time in DHS Custody................................................................................15

Longer-Term Detention of Juvenile Aliens ..........................................................................18

Need for Additional Family Shelters...........................................................................19

Placement Determinations for Unaccompanied Juveniles...........................................21

DHS Management and Oversight of Juvenile Alien Responsibilities..................................23

Delineation of Interagency Juvenile Program Responsibilities...................................23

Need to Formalize Oversight Responsibilities of Juvenile Alien Program.................27

Status of 2001 DOJ OIG Report Recommendations ............................................................28

Continuing CBP and ICE Training Program on Treatment of Juveniles.....................28

Records of Transportation and Custody of Detained Juveniles...................................29

Escorting Juveniles Until Release to a Sponsor...........................................................31

Management Comments and OIG Analysis ..................................................................................31

Figures

Figure 1: Seven Border Patrol Sectors with the Highest FY 2004 Juvenile Apprehensions ........4

Figure 2: Separation and Monitoring of Juvenile Aliens at 13 CBP Facilities ...........................13

Diagrams

Diagram 1: General CBP and ICE Process for Juvenile Aliens..............................................10

Appendices

Appendix A: Purpose, Scope, and Methodology .......................................................................38

Appendix B: Management Response to Draft Report ...............................................................41

Appendix C: Major Contributors to this Report ........................................................................48

Appendix D: Summary of Flores Stipulated Settlement Agreement.........................................49

Appendix E: Statement of Principles Between the Department of Homeland Security and

the Department of Health and Human Services, Unaccompanied Alien

Children Program.................................................................................................51

Appendix F: Report Distribution...............................................................................................53
A Review of DHS’ Responsibilities for Juvenile Aliens

Abbreviations

ADR Alien Detention and Removal, DRO

ANSIR Automated Nationwide System for Immigration Review 

BTS Border and Transportation Security

CBP Customs and Border Protection

DACS Deportable Alien Control System 

DHS Department of Homeland Security

DOJ Department of Justice

D&R Office of Detention & Removal, INS

DRO Detention and Removal Office, ICE

ENFORCE Enforcement Case Tracking System

EOIR Executive Office for Immigration Review, DOJ

FBI Federal Bureau of Investigation

FLETC Federal Law Enforcement Training Center

FOJC Field Office Juvenile Coordinator

FY Fiscal Year

HHS Department of Health and Human Services

HSA Homeland Security Act of 2002

ICE Immigration and Customs Enforcement

IEA Immigration Enforcement Agent

INS Immigration and Naturalization Service

MOU Memorandum of Understanding

OIG Office of Inspector General

OJA Office of Juvenile Affairs, INS

ORR Office of Refugee Resettlement, HHS

OTM Other Than Mexican

POE Port of Entry

P.L. Public Law
OIG

Department of Homeland Security

Office of Inspector General

A Review of DHS’ Responsibilities for Juvenile Aliens

Page 1

Executive Summary

The implementation of the Homeland Security Act (HSA) on March 1, 2003, 

significantly reorganized federal responsibilities for juvenile aliens.1 Before 

the HSA, the former Immigration and Naturalization Service (INS) was 

responsible for all aspects of apprehending and detaining juvenile aliens. The 

HSA divided those responsibilities between two separate federal departments. 

In implementing the HSA, the Department of Homeland Security (DHS) 

assigned its juvenile-related responsibilities to the Bureaus of Customs and 

Border Protection (CBP) and Immigration and Customs Enforcement (ICE). 

Both were given responsibility for apprehending, processing, and transporting 

juvenile aliens. ICE’s Detention and Removal Office (DRO) became 

responsible for housing juvenile aliens who were apprehended with family 

members and primarily for transporting apprehended juveniles to longer-term 

detention facilities. 

We reviewed the effectiveness of the coordination between CBP and ICE after 

CBP apprehends and initially holds juvenile aliens. Our review included the 

process by which CBP informs ICE DRO that a juvenile alien was 

apprehended, the process for transferring the juvenile alien to ICE DRO 

custody, and the effectiveness of the current system for transferring care and 

custody of unaccompanied juvenile aliens to the Department of Health and 

Human Services (HHS). In addition, we assessed the progress of relevant

DHS components in implementing three open recommendations from a prior 

Department of Justice (DOJ) Office of the Inspector General (OIG) report.2

We concluded that DHS adhered to its responsibilities for treating 

apprehended juvenile aliens with dignity and concern. The department is 

proficient in key areas of apprehending and processing juvenile aliens, 

prioritizing processing and transportation of juveniles after they are 

apprehended, and providing appropriate information to juveniles on their legal 

 

1

 P.L. 107-296, § 462. On November 25, 2002, President Bush signed the Homeland Security Act of 2002 into law, 

thereby creating the Department of Homeland Security.

2 Unaccompanied Juveniles in INS Custody, Department of Justice, Office of the Inspector General, I-2001-009, 

September 28, 2001.
A Review of DHS’ Responsibilities for Juvenile Aliens

Page 2

rights. Generally, the department placed juvenile aliens in longer-term 

housing facilities in a timely manner.

While our overall assessment for this review is satisfactory, areas needing 

departmental attention include: 

• CBP personnel generally provided adequate access to counsel for 

apprehended juvenile aliens. While lists of pro bono attorneys were 

maintained by a non-DHS agency, information on the lists given to 

juveniles was not consistently accurate. 

• The time which juvenile aliens spent in confinement at CBP facilities 

varied significantly. There is no CBP-wide policy for reviewing and 

approving the extended holding of juveniles and for reporting these events 

to appropriate CBP officials.

• Accompanied juveniles (those apprehended with their families) were 

separated from their families due to space limitations in “family unity” 

shelters.

• DHS and HHS have not forged a sufficiently detailed agreement on their 

respective responsibilities for unaccompanied juvenile aliens. 

• It is essential that DHS clearly assign the authority for overseeing the 

range of its responsibilities for juvenile aliens and for serving as an 

organizational liaison. 

• Training programs delineated in the Flores Stipulated Settlement 

Agreement are insufficiently implemented and custodial records for 

juveniles continue to be irregularly completed and maintained.3 

We are making eight recommendations to the Undersecretary, Border and 

Transportation Security, to improve the management of the juvenile alien 

program.

 

3

Reno v. Flores, 507 U.S. 292 (1993) (hereafter “Flores”). Flores, a class action lawsuit, was filed against the INS 

challenging the agency's arrest, processing, detention, and release of juveniles in its custody. The case involved 

unaccompanied minors who entered the United States illegally and were subsequently detained by the U.S. government. 

In August 1996, the parties to the lawsuit negotiated a settlement, known as the Flores Stipulated Settlement Agreement, 

in which the INS agreed to follow various stipulations for processing and detaining juveniles held in its custody. See 

Appendix D for a summary of the Flores Stipulated Settlement Agreement. 
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Page 3

Background

Juvenile aliens represent a particularly vulnerable and special population. 

Those apprehended and detained by DHS fall into two categories: 

accompanied and unaccompanied. The HSA defines an unaccompanied 

juvenile alien as an alien who is in the United States illegally, has not attained 

18 years of age, and who either has no parent or legal guardian in the United 

States or has no parent or legal guardian in the United States available to 

provide care and physical custody. 4 An accompanied juvenile alien has a 

parent, legal guardian, or other immediate adult relative who is with the 

juvenile when he or she is apprehended.5

Juvenile Alien Apprehensions

CBP apprehended almost 1.9 million illegal immigrants in the United States in 

Fiscal Year (FY) 2004. Also, CBP reported that the 1.9 million alien 

apprehensions included 122,122 juveniles (6.4 percent).6 Of this total, 

101,731 juveniles (83.3 percent) were Mexican nationals and 20,391 juveniles 

(16.7 percent) were Other-Than-Mexican (OTM) nationals.7 

Most apprehensions of juvenile aliens occur in rural areas along the border 

with Mexico. Of the 122,122 juvenile apprehensions, the Border Patrol made 

103,496 (84.7 percent) along the Southwest border. The Tucson Border Patrol 

sector apprehended 48,272 juvenile aliens (39.5 percent of all juvenile 

apprehensions) - the largest number of juvenile aliens apprehended in any 

Border Patrol sector. The seven Border Patrol sectors with the most juvenile 

alien apprehensions are all along the Southwest border.

 

4

 P.L. 107-296, § 462.

5

 Detention and Removal Officer’s Field Manual, Appendix 11-4: Juvenile Protocol Manual, November 2003. 

6

 According to the ICE Director of the Office of Immigration Statistics, ICE investigators also enter data on juvenile 

aliens apprehended in the U.S. interior into ENFORCE. However, due to system limitations, ENFORCE does not 

uniformly capture the agency (CBP or ICE) which initially apprehended the juvenile. 

7

 CBP’s ENFORCE system does not specifically designate whether apprehended juveniles are accompanied versus 

unaccompanied.
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Figure 1. Seven Border Patrol Sectors with the Highest FY 2004 Juvenile 

Apprehensions

Border Patrol Sector Number of Apprehensions 

Tucson, AZ 48,272

McAllen, TX 13,023

El Paso, TX 12,042

Yuma, AZ 8,689

Laredo, TX 7,480

San Diego, CA 7,382

Del Rio, TX 6,608

Total 103,496

The vast majority of juveniles apprehended by CBP are not placed into 

immigration proceedings by DHS. In FY 2004, 103,274 juveniles (84.6 

percent of all apprehended juveniles) were released back across the U.S. 

border to Mexico, or in rare cases to Canada. This process is called a 

Voluntary Return. 8 The Border Patrol subjected 94,695 juveniles (77.5 

percent of all apprehended juveniles) in FY 2004 to a Voluntary Return. 9 

Nationally, the Border Patrol apprehended 86,606 juvenile aliens in FY 2003. 

Border Patrol juvenile apprehensions in FY 2004 (109,285) were 26.2 percent 

higher than in FY 2003.

Organizational Responsibilities

• Juvenile Alien Program Under the Former INS

Prior to implementation of the HSA in March 2003, INS was the primary 

agency that apprehended, transported, detained, and removed juvenile aliens 

who were unlawfully present in the United States. Within INS, the Office of 

Juvenile Affairs (OJA) was responsible for the Juvenile Detention and Shelter 

Care Program. OJA was originally part of the INS Office of Detention and 

Removal (D&R) at INS Headquarters. OJA responsibilities included:

ÿ policy planning decisions regarding juveniles; 

ÿ developing juvenile facility contracts and services with juvenile 

housing facilities; 

ÿ oversight of those juvenile facilities; 

ÿ developing regulations to reflect INS policy relating to unaccompanied 

juveniles; 

ÿ providing operational oversight to Field Office Juvenile Coordinators;

 

8

 The Voluntary Return process is discussed in detail later in this section.

9

 CBP officers at POEs conducted Voluntary Returns on 8,579 juveniles in FY 2004. 
A Review of DHS’ Responsibilities for Juvenile Aliens

Page 5

ÿ training INS personnel on the proper handling of unaccompanied 

juveniles; and

ÿ coordinating transportation with INS D&R for transfers, placements, 

and removals of juvenile aliens. 

The INS National Juvenile Coordinator, who was the head of OJA, directed 

the INS Juvenile program. As of December 2002, OJA had an operating 

budget of $31.6 million and ten staff assigned to INS headquarters, including 

an office director and the National Juvenile Coordinator.10 

The National Juvenile Coordinator within OJA had direct authority over INS 

field personnel in decisions related to the proper handling of juveniles. These 

decisions included the placement of juveniles in INS-funded facilities, their 

transfer to other facilities, and their release from INS custody. 11 Three 

regional juvenile coordinators, who reported organizationally to the respective 

regional heads of D&R, were responsible for overseeing and monitoring 33 

district juvenile coordinators in their respective regions. In addition to 

reporting to the regional heads of D&R, the 33 district juvenile coordinators 

and the three regional juvenile coordinators also reported to the National 

Juvenile Coordinator regarding placements, transfers, and releases of 

juveniles. D&R was responsible for both accompanied and unaccompanied 

juveniles. 

The National Juvenile Coordinator and the regional juvenile coordinators 

managed the placement and transportation of juvenile aliens between INS 

districts and regions. The district juvenile coordinators were responsible for 

juveniles in custody in their jurisdictions, including the respective Border 

Patrol sectors. 

Following criticism of the program’s operation, the INS Commissioner 

transferred OJA from D&R to the INS Commissioner’s office in October 

2002. This elevation was intended to provide OJA with high-level, direct 

authority over all operations of INS’ juvenile program and increased 

accountability for the care and treatment of juveniles. 

• Reorganization of the Juvenile Alien Program after the HSA

With the implementation of the HSA on March 1, 2003, responsibility for 

apprehending and providing initial care and detention for juvenile aliens was 

split between CBP and ICE. Both have authority for making arrests, 

completing administrative processing, and making initial enforcement 

 

10 Office of Juvenile Affairs Operating Budget, December 2002. 

11 Pogash, John, Unaccompanied Alien Children in Federal Custody, Presentation to the Coordinating Council on 

Juvenile Justice and Delinquency Prevention, December 3, 2004. 
A Review of DHS’ Responsibilities for Juvenile Aliens

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determinations, such as repatriations and releases to family members.12 Both 

transport juvenile aliens after processing at CBP or ICE facilities to approved 

juvenile facilities, too. 

The implementation of the HSA transferred responsibility for the care and 

housing of unaccompanied juvenile aliens to the Office of Refugee 

Resettlement (ORR), an HHS agency. ORR became responsible for the care 

and placement of unaccompanied juveniles, including facility placement 

decisions, releases to a sponsor pending immigration proceedings, and 

transportation of juveniles for medical reasons, court appearances, or transfers 

to subsequent facilities. In addition, DRO juvenile program funds for 

transporting and detaining unaccompanied juvenile aliens were transferred to 

ORR. 

• CBP and ICE Responsibilities after the HSA

CBP apprehends and processes almost all juvenile aliens. Border Patrol 

agents stationed at Border Patrol stations and CBP officers at Ports of Entry 

(POEs) apprehend and process juvenile aliens. CBP facilities are designed to 

hold juveniles on a short-term basis during the processing phase. In addition, 

Border Patrol agents and CBP officers regularly transport juvenile aliens from 

the CBP facility after processing to subsequent ICE DRO or ORR longer-term 

detention facilities. 

ICE has authority to arrest juvenile aliens inside the United States who violate 

U.S. immigration laws. ICE DRO generally is responsible for transporting 

juvenile aliens from CBP facilities, such as a POE, to initial DRO or ORR 

facilities. In addition, ICE DRO removes juvenile aliens with expedited or 

adjudicated removal orders from the United States. 

While ICE DRO has a National Juvenile Coordinator, it does not have a 

dedicated juvenile program office similar to the OJA under the former INS 

Commissioner. The National Juvenile Coordinator develops juvenile policy 

and serves as a liaison with other DHS components, ORR, and volunteer 

agencies. The National Juvenile Coordinator is relegated to a position within 

DRO. 

DRO has 21 Field Offices, each with a Field Office Juvenile Coordinator 

(FOJC) who serves as a local expert on the handling of juvenile issues by 

DHS and assists with the initial placement of apprehended juvenile aliens. 

 

12 Ibid, p. 21.
A Review of DHS’ Responsibilities for Juvenile Aliens

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• ORR Responsibilities after the HSA

ORR was assigned the responsibility for caring for and housing 

unaccompanied juvenile aliens who were detained pending resolution of 

immigration cases enforced by DHS. These functions include facility 

placement decisions; oversight and monitoring of facility contracts for 

housing unaccompanied juveniles; running immigration and criminal checks 

on potential sponsors of juveniles to whom juveniles may be released; and, 

transportation of juveniles for medical care, court appearances, and facility 

transfers. All these functions formerly were DRO responsibilities under INS. 

According to the DRO National Juvenile Coordinator and ORR’s director of 

the Division of Unaccompanied Children’s Services, the organizational 

transition of the INS care and custody program for juvenile aliens to ORR 

occurred incrementally until completion in August 2004. ORR was 

authorized $52.8 million for its unaccompanied alien children program for FY 

2004.13 

ORR maintains and oversees contracts with for profit and non-profit agencies 

that run juvenile facilities. As of October 2004, ORR oversaw 41 facilities 

nationwide for unaccompanied juvenile aliens, with a total dedicated capacity 

of approximately 920 beds.14 The facilities provide housing to 

unaccompanied juveniles at different levels of security restrictions. 

According to ORR officials, it had over 800 unaccompanied juveniles in 

custody in October 2004. ORR officials also said that the average time in 

FY 2003 for a juvenile in ORR custody was 45 days. 

Apprehending, Processing, Transporting, and Detaining Juvenile Aliens

The process for apprehending, processing, transporting, and detaining juvenile 

aliens is complex and involves multiple U.S. agencies within as well as 

external to DHS. In almost all cases, Border Patrol agents and CBP officers 

stationed on the border and at established POEs apprehend unlawful juvenile 

aliens. However, ICE investigators, the Federal Bureau of Investigation 

(FBI), the Coast Guard, or any state or local law enforcement officer may 

apprehend juvenile aliens. Depending on the location of apprehension, CBP 

or ICE processes the apprehended juvenile for immigration violations. 

When a juvenile alien is apprehended in a rural area, Border Patrol agents 

transport the juvenile to the nearest Border Patrol station for processing. 

 

13 Budget of the United States Government, Unaccompanied Alien Children, Department of Health and Human Services, 

Fiscal Year 2005.

14 As of October 2004.
A Review of DHS’ Responsibilities for Juvenile Aliens

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Apprehensions of juveniles at POEs do not require transportation because the 

juvenile is already at a CBP processing facility. The processing includes 

interviewing to determine the juvenile’s name, age, citizenship, whether the 

juvenile is accompanied or unaccompanied, and other information; 

completing necessary immigration paperwork, such as the Forms I-213 and I770;15 and, performing necessary systems checks in U.S. government 

immigration and criminal databases. 

When immigration processing is completed and CBP establishes that a 

juvenile alien is unlawfully present in or is inadmissible to the United States, 

CBP determines whether the juvenile can be voluntarily returned to the crossborder country, released on bond into the custody of a sponsor pending 

removal proceedings, or must be detained. A qualified sponsor is, in order of 

preference: a parent, a legal guardian, or an adult relative such as a brother, 

sister, aunt, uncle, or grandparent.16

CBP can offer the option of choosing a Voluntary Return or a Withdrawal of 

Application for Admission, if eligible. Voluntary Returns are performed 

through a POE after a juvenile is apprehended by the Border Patrol on the 

border near the POE. If the juvenile is from an area near the border, CBP 

informs the local consular office of the juvenile’s apprehension. After the 

consular representative confirms that the juvenile is a citizen of the crossborder country, CBP transports the juvenile and the consular representative to 

the U.S. POE nearest the juvenile’s home in the cross-border country. 

Generally, accompanied juveniles are returned with their families, while 

unaccompanied juveniles are turned over to the immigration authorities of 

their cross-border country. 

If the juvenile is to be detained in U.S. custody after apprehension, officials at 

the CBP facility contact the DRO FOJC in the DRO field office with 

jurisdiction. For example, a Border Patrol agent at the station in Campo, CA 

would contact the FOJC at the San Diego DRO Field Office. 

If the apprehended juvenile is unaccompanied, the FOJC contacts ORR in 

Washington, DC to request a bed in an appropriate ORR facility. ORR 

determines a placement location in an ORR facility with available bed space 

and informs the FOJC of the placement facility. DRO personnel, such as 

Immigration Enforcement agents (IEAs), generally transport the juvenile to 

the ORR facility. These transports can be interstate, from either the CBP 

facility or DRO field office to the ORR facility. Custody of the juvenile alien

transfers from DHS to ORR upon the juvenile’s physical delivery to the ORR 

 

15 Form I-213 is the Record of Deportable/Inadmissible Alien. The I-770 is the Notice of Rights and Request for 

Disposition. 

16 Detention and Removal Officer’s Field Manual, Appendix 11-4: Juvenile Protocol Manual, November 2003. 
A Review of DHS’ Responsibilities for Juvenile Aliens

Page 9

facility. While ORR is responsible for transporting juveniles in its custody to 

immigration hearings, DRO is responsible for monitoring the juveniles’ 

immigration cases and, if necessary, for removing the juveniles from the 

United States. 

Occasionally, adverse weather or flight schedules may delay a transfer. When 

that happens, DRO temporarily houses the juvenile in a standby facility until 

the transfer to the ORR facility can be completed. 

The following diagram depicts the general flow of the apprehension, 

processing, transportation, and detention process for juvenile aliens.
A Review of DHS’ Responsibilities for Juvenile Aliens

Page 10

Diagram 1. General CBP and ICE Process for Juvenile Aliens

BP Agent 

Apprehends Juvenile

in BP Sector

CBP Officer

Apprehends

Juvenile at POE

Transported

to BP Station

for Processing

Transferred to

Secondary Inspection

Area for Processing

Accompanied?

Juvenile Held

Separately

from Adults

Juvenile Held with

Relative Separate

from Adults

CBP Begins

Processing

Juvenile

Determine

Juvenile’s Age

Run

Immigration

Checks

Fingerprint and 

Check IDENT for

Juveniles > 14

Determine

Juvenile’s

Nationality

Notify

Appropriate

Consulate

Accompanied?

Process

Adult Relative

Mexican? Mexican?

Mexican Consular

Official Interviews

Family and Verifies

Mexican Citizenship

Mexican Consular

Official Interviews

Juvenile and Verifies

Mexican Citizenship

Adult’s

Disposition?

Voluntary

Return

for Adult?

Juvenile will be

Voluntarily

Returned

Transport Juvenile

and Relative to

Mexican Border

Juvenile and Relative

Voluntarily Returned

to Mexico

Voluntary

Return for

Juvenile?

Transport Juvenile

to Mexican Border

Juvenile Voluntarily

Returned to Mexico

Voluntary

Departure

Expedited

Removal

Placed in

Removal

Proceedings

Juvenile Allowed to

Withdraw Application

For Admission

Juvenile

Voluntarily Departs

with Relative

DRO Removes

Adult; Juvenile

Voluntarily Departs

Juvenile Placed

in Removal

Proceedings

Documentation Completed

and Served on Juvenile

(I-862-NTA, I-770 Rights,

List of Legal Services)

Adult

Released Pending 

Proceedings?

Adult Relative Signs

Document Accepting

Custody and Responsibility

for Producing Juvenile at

Immigration Proceedings

Juvenile Released

to Relative’s Custody

Pending Proceedings

Potential 

Sponsor

Available?

Detain Juvenile

Pending

Proceedings

Notify DRO FOJC

of Need to Detain

Juvenile

DRO FOJC Contacts

ORR to Request

Placement Facility

ORR Determines

Space Availability and

Contacts FOJC with

Placement Location

FOJC Arranges

Transportation

for Juvenile

DRO Transports Juvenile

to Initial Placement

(CBP Transports

if DRO is Unavailable)

DHS Custody of Juvenile

Transfers to ORR

(within 72 hours – 5 days)

Run Immigration and

Criminal Checks on

Potential Sponsor

Sponsor Signs

Document Accepting

Custody and Responsibility

for Producing Juvenile at

Immigration Proceedings

Juvenile Released

to Sponsor’s Custody

Pending Proceedings

Keep

Family

Together?

Notify DRO FOJC

of Need to Detain

Family

FOJC Locates

Available Space

in Family Shelter

DRO Transports Family

to Shelter (CBP Transports

if DRO is Unavailable)

Juvenile Stays with

Family in Family Shelter

Pending Proceedings

ORR Locates

Potential Sponsor

ORR Ensures Criminal

and Immigration

Checks are Run

on Potential Sponsor

ORR Completes 

Release Documentation

Juvenile Released

to Sponsor’s Custody

Pending Proceedings

ORR Notifies DRO

of Juvenile’s Release

Yes

No

Yes

No

Yes No Yes

No

Yes

No

Yes

No

Yes No

No

Yes

Yes

No

CBP ICE DRO HHS ORR

Juvenile Aliens Process Flow 

Apprehension to Disposition
A Review of DHS’ Responsibilities for Juvenile Aliens

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Results of Review

Apprehension and Immigration Processing of Juvenile Aliens

Border Patrol agents and CBP officers are responsible for apprehending and 

processing almost all unlawful juvenile aliens who are arrested in the border 

area or who attempt to enter the United States. During immigration 

processing, CBP personnel obtain the juvenile’s biographical information, 

perform immigration record checks on all juveniles, and serve relevant 

documentation on juveniles placed in removal proceedings. Processing of 

juveniles must comply with Flores, a case that involved unaccompanied 

juveniles who entered the United States illegally and were subsequently 

detained by the U.S. government.17 Juveniles are the first priority for 

processing by CBP, taking precedence over adult aliens. 

This section covers providing juvenile aliens with access to legal counsel and 

CBP’s attentiveness to the limits for the length of time that juveniles can 

spend in CBP facilities. 

Juveniles’ Access to Legal Counsel 

The Flores settlement requires that juvenile aliens receive paperwork during 

processing that adult aliens do not receive, most notably Form I-770, the 

Notice of Rights and Request for Disposition. 18 Pursuant to Flores, the Form 

I-770 informs juveniles of their rights during the initial processing interview, 

usually conducted by CBP. The I-770 allows juveniles to request, if eligible, 

more streamlined ways to resolve their immigration cases and to be returned 

to their native country. These options include accepting a voluntary 

departure, or accepting a Voluntary Return for Mexican national or Canadian 

national juveniles. According to Flores, juveniles who are under 14 years of 

age, or are unable to understand the Form I-770, must have the form explained 

to them in a language and manner they can understand. 

Border Patrol agents and CBP officers are instructed to provide juvenile aliens 

who are placed into immigration proceedings with a list of free legal service 

providers in the jurisdiction where they are apprehended. According to both 

the Juvenile Protocol Manual and Flores, “... juveniles are to be provided 

legal services information regarding the availability of free legal assistance, 

[and] the right to be represented by counsel at no expense to the [U.S.] 

government.” While the lists of free legal service providers are maintained 

 

17 See Appendix D for a summary of Flores. 

18 See Appendix D. 
A Review of DHS’ Responsibilities for Juvenile Aliens

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and disseminated by the Executive Office of Immigration Review (EOIR), a 

component of the Department of Justice (DOJ),19 these lists should be 

provided by the CBP facility where the juvenile is processed. 

We sought to determine whether juvenile aliens received appropriate forms 

apprising them of their legal rights in the United States; were informed about 

obtaining an immigration attorney; and, were allowed access to telephones for 

calls to attorneys, parents, or the appropriate consular offices. 

Apprehended juvenile aliens generally receive their lists of free legal services 

providers while being processed at Border Patrol stations and POEs. 

However, the contact information on these lists is not consistently accurate. 

We reviewed the lists of free legal services providers that are maintained by 

EOIR and given to apprehended juveniles in the custody of the Border 

Patrol’s Detroit, San Diego, and Tucson sectors. Of the 29 attorneys and legal 

organizations who we attempted to contact, eight (27.6 percent) do not 

represent apprehended juveniles in removal proceedings. The phone numbers 

of three others were not in service; we were unable to contact four others 

despite repeated attempts. 

In our interviews, all CBP and DRO personnel were aware that juveniles were 

to be given the Form I-770, given the free legal services lists, and permitted to 

make phone calls for legal counsel, to relatives, or to their consulates. The 

Form I-770 and legal services lists were consistently available in English and 

Spanish. However, we did not determine to what extent they were available 

in other languages. At the alien detention facility at the Tucson Border Patrol 

sector headquarters, we observed a juvenile using the phone, alone in a 

separate room in view of the Border Patrol agents. The juvenile was afforded 

privacy behind a glass partition. 

We recommend that the Undersecretary, Border and Transportation Security: 

Recommendation #1: Formally request that EOIR ensure that the 

lists of free legal services providers are current and accurate. Updated 

lists should be distributed on a regular basis to all Border Patrol 

stations and POEs. 

Varying Conditions of Confinement at CBP Facilities

The conditions in which apprehended juvenile aliens are held vary 

significantly depending on the CBP facility. There was no evidence that any 

CBP facility was in violation of Flores. Moreover, during our field 

 

19 Code of Federal Regulations, Title 8, Section 1003.
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interviews, CBP personnel demonstrated an effective knowledge of how to 

treat juveniles during apprehension, processing, and initial holding. They 

recognize that handling juveniles requires special care and attention. At the 

JFK POE, CBP officers purchase baby formula themselves. The Tucson 

Border Patrol station has supplies of drinks, packaged snacks, and canned 

goods that are distributed to juveniles upon their arrival. Some Border Patrol 

and POE facilities had televisions and VCRs available for children, too. 

However, the variations in physical facilities are sufficient to merit concern. 

Marginal or limited facilities impose greater responsibilities on the CBP 

facility’s staff to achieve sufficient separation, supervision, and monitoring of 

juveniles. 

We visited 13 CBP facilities in which juvenile aliens were held in FY 2004. 

Below is a description of the relevant conditions at each CBP facility we 

visited.

Figure 2. Separation and Monitoring of Juvenile Aliens at 13 CBP Facilities 

CBP Facility 

Name

Location 

(Sector)

Separation Monitoring

Port Huron Border 

Patrol Station

Maryville, MI 

(Detroit)

There is one small holding cell, 

making it difficult to separate 

juveniles from adult aliens. 

The door to the holding 

cell is a chain-link fence, 

but there is obstructed 

monitoring of detained 

aliens.

Trenton Border 

Patrol Station

Trenton, MI 

(Detroit)

There are two small holding cells 

for separating aliens by both 

gender and age. This makes it 

difficult to separate juveniles 

from adults. 

The two cells are viewed 

through a camera 

mounted in a corner at 

the top of the wall, and a 

vertical window in the 

door. 

JFK International 

Airport POE

Jamaica, NY There is a separate, dedicated 

juvenile holding room that 

enables separation of juveniles. 

While the door to the 

separate juvenile room 

was open, the control 

area at the back of the 

secondary inspections 

room does not provide 

direct views into the 

room. 

Nogales POE Nogales, AZ Juveniles (unaccompanied and 

accompanied) waited 

unrestrained in an L-shaped 

section of chairs in front of a 

CBP processing desk. 

Juveniles in the holding 

area were supervised 

directly by CBP 

personnel.

Detroit Border 

Patrol Station

Detroit, MI 

(Detroit) 

Unaccompanied juveniles are 

isolated. Accompanied juveniles 

are kept with parents in separate, 

designated holding rooms. 

Juveniles are monitored 

and in full view of 

Border Patrol agents. 
A Review of DHS’ Responsibilities for Juvenile Aliens

Page 14

Blue Water Bridge 

POE

Port Huron, MI This POE facility has two 

detention rooms in which 

juveniles are held. Only one 

juvenile is held in each cell 

unless accompanied by family 

members. 

Each cell has a camera, 

mounted in a corner at 

the top of the wall and a 

vertical window in the 

door for monitoring. 

Chula Vista Border 

Patrol Station

San Diego, CA 

(San Diego)

Unaccompanied juveniles are 

held separately in one of the 

large rooms or on a bench in the 

processing area. 

Holding cells have 

windows in the doors for 

monitoring detained 

juveniles. 

Brownfield Border 

Patrol Station

San Diego, CA 

(San Diego)

Separation is easily 

accomplished because the station 

has numerous cells for juveniles. 

A magnet reading “JUVENILE” 

is placed on the door of the cell 

when necessary. 

Agents in the control 

room overlook the 

processing area and can 

see all of the holding 

cells. Closed circuit 

televisions allow agents 

in the control room to 

monitor activity in the 

holding cells and 

processing areas.

Campo Border 

Patrol Station 

Campo, CA 

(San Diego)

The facility has cells to house 

juveniles as necessary. Juveniles 

are separated immediately from 

other aliens but are kept with 

their families if accompanied. 

Each cell has a row of 

windows in the wall to 

allow for visual 

monitoring. 

San Ysidro POE San Ysidro, CA Unaccompanied juveniles are 

held separately. Accompanied 

juveniles are kept with parents in

separate, designated holding 

cells. 

Holding cells have 

windows in the doors for 

monitoring detained 

juveniles.

Naco Border Patrol 

Station

Bisbee, AZ 

(Tucson)

Unaccompanied juveniles are 

separated into a designated cell. 

Mothers may share cells with 

their juveniles.

Holding cells have 

windows in the doors for 

monitoring detained 

juveniles.

Nogales Border 

Patrol Station

Nogales, AZ 

(Tucson)

There are two cells - one for 

males and one for females - for 

unaccompanied juveniles. 

The juveniles’ cells are 

monitored from the 

control room, which 

overlooks the processing 

area and holding cells. 

There are three monitors 

for the closed circuit 

television cameras in the 

processing area and 

holding cells.

 

Tucson Border 

Patrol Station

Tucson, AZ 

(Tucson)

There are two cells for 

unaccompanied juveniles (one 

for males and one for females). 

Accompanied juveniles are kept 

with parents in separate holding 

cells. 

All cells are monitored in 

the control room using 

closed circuit cameras. 
A Review of DHS’ Responsibilities for Juvenile Aliens

Page 15

San Ysidro 

POE

San Ysidro, 

CA

Unaccompanied 

juveniles are held 

separately. 

Accompanied 

juveniles are kept with 

parents in separate, 

designated holding 

cells. 

Holding cells have 

windows in the doors 

for monitoring detained 

juveniles.

Naco Border 

Patrol Station

Bisbee, AZ 

(Tucson)

11,153 Unaccompanied 

juveniles are separated 

into a designated cell. 

Mothers may share 

cells with their 

juveniles.

Holding cells have 

windows in the doors 

for monitoring detained 

juveniles.

Nogales Border 

Patrol Station

Nogales, AZ 

(Tucson)

7,194 There are two cells -

one for males and one 

for females - for 

unaccompanied 

juveniles. 

The juveniles’ cells are 

monitored from the 

control room, which 

overlooks the 

processing area and 

holding cells. There are 

three monitors for the 

closed circuit television 

cameras in the 

processing area and 

holding cells.

 

Tucson Border 

Patrol Station

Tucson, AZ 

(Tucson)

5,855 There are two cells for 

unaccompanied 

juveniles (one for 

males and one for 

females). 

Accompanied 

juveniles are kept with 

parents in separate 

holding cells. 

All cells are monitored 

in the control room 

using closed circuit 

cameras. 

CBP can overcome limitations in its facilities but sometimes at the cost of 

diverting personnel from other duties. CBP should ensure that expanding 

juvenile holding capabilities is considered whenever it initiates new 

construction or renovations of CBP facilities. 

Juveniles’ Time in DHS Custody

There are inconsistencies in meeting the requirement to transfer accompanied 

and unaccompanied detained juveniles to longer-term DRO or ORR detention 

facilities within the 3-5 day limit imposed by Flores.

20 In addition, juveniles 

 

20 According to Flores, a juvenile alien in DHS custody must be placed in an appropriate juvenile facility within 3 days 

(72 hours) from when CBP or ICE assumes custody. CBP and ICE consider the 3-day standard in terms of 72 hours for 

the time in hours that elapses between apprehension and longer-term placement, rather than as a calendar day. DHS has 
A Review of DHS’ Responsibilities for Juvenile Aliens

Page 16

were held at CBP facilities for over 24 hours, which exceeds the maximum 

CBP guideline for holding a juvenile. The cumulative time a juvenile may 

spend in the custody of CBP before placement in a longer-term DRO or ORR 

detention facility includes time required for transportation from a possibly 

remote apprehension site to the CBP processing facility, short-term holding at 

the processing facility, and transportation to the longer-term detention 

facility. 21 The ability to comply with the 3-5 day requirement begins with 

expeditious processing by CBP.

CBP policies allow it to hold apprehended juvenile aliens for a maximum of 

24 hours at Border Patrol or POE facilities. CBP officials confirmed that the 

Border Patrol has implemented a 12-hour maximum as a guideline for holding 

juveniles at Border Patrol stations.22 Apprehended juveniles, as a rule, may 

not be held at CBP POEs for longer than 24 hours.23 

Juvenile aliens apprehended in the Border Patrol sectors and POEs we visited 

sometimes were held for longer than 24 hours. These juveniles usually were 

held for longer than 24 hours to allow for appropriate bed space to be located 

and transportation to be arranged. We examined the apprehension, 

processing, and transportation data in the A files24 for 131 juveniles who were 

apprehended and processed at the field sites we visited.25 CBP processed 

juveniles within 24 hours from when they were apprehended.26

We analyzed the A files of 94 juveniles that contained sufficient data on dates 

of apprehension by CBP and dates they were released or transported from the 

initial CBP facilities following completion of processing.27 Our analysis 

 

a maximum of five days to place the juvenile in a longer-term detention facility if the juvenile was apprehended in an 

area without bed space in a DRO-approved facility (for accompanied juveniles) or in an ORR-approved facility (for 

unaccompanied juveniles). 

21 Detention and Removal Officer’s Field Manual, Appendix 11-4: Juvenile Protocol Manual, November 2003. 

According to CBP officials, even though a separate juvenile manual tailored for CBP personnel does not exist, the 

current Juvenile Protocol Manual is applicable to CBP. 

22 INS Detention Standard, Hold Rooms in Detention Facilities, September 20, 2000. These Border Patrol standards do 

not address the total time a juvenile can be held at Border Patrol stations because this standard is for “unprocessed 

detainees.” 

23 Secure Detention Procedures at Ports of Entry, March 9, 2004. Although the Border Patrol has a 12-hour maximum 

guideline for holding juveniles at Border Patrol stations, we used the highest CBP guideline of 24 hours for our analysis 

of CBP’s holding of juveniles at both POEs and Border Patrol stations. 

24 Alien files, also known as A files, are the central repositories for immigration information on individual aliens in the 

United States. 

25 Of the 174 A files, 131 files contained sufficient data specifically on processing dates and were for juveniles 

apprehended within our field sites. 

26 Processing of juveniles includes interviewing the juvenile, completing necessary immigration paperwork, and 

performing necessary systems checks. 

27 Of the 174 A files, only 94 files contained sufficient data on dates of release from CBP facilities and when juveniles 

were transported from those facilities. 
A Review of DHS’ Responsibilities for Juvenile Aliens

Page 17

determined that 33 juveniles out of 94 (35.1 percent) were held for over 24 

hours at the initial CBP processing facility. 

CBP personnel know the rules concerning the maximum lengths of time that 

juvenile aliens can spend in CBP facilities. Overall, 39 of the 43 (90.7 

percent) line personnel we interviewed at CBP facilities were aware of the 

maximum times. Others deferred to supervisors for information on 

requirements for processing juveniles. 

CBP officials at the Border Patrol stations and POEs we visited acknowledged 

various circumstances that caused juveniles to be held for more than 24 hours 

at their facilities. These circumstances were similar for both Border Patrol 

stations and POEs, and include:

• Finding appropriate bed space outside of the Border Patrol sector or 

region. This reason was given at the Detroit (neither ORR nor DRO has 

any juvenile facilities in the Detroit area)28 and San Diego Border Patrol 

sectors, and at the JFK and San Ysidro POEs.

• Waiting for appropriate modes of transportation by CBP or DRO. This 

reason was given at the San Diego Border Patrol sector, and the JFK 

(waiting for a return flight to disembark) and San Ysidro POEs.

• Waiting for inclement weather to abate. This reason was given at the JFK 

POE.

• Determining that an accompanying parent is a criminal alien and is held 

for prosecution. This reason was given at the Tucson Border Patrol sector.

• Finding a secure placement facility for a juvenile with a criminal history. 

This reason was given at the Detroit Border Patrol sector. 

At the time of our review, the Border Patrol did not have any policy that 

dictated the process for reviewing and approving decisions to hold juvenile 

aliens at Border Patrol stations for more than 24 hours.29

For a more complete analysis of the total time a juvenile alien spends in DHS 

custody, we reviewed relevant data, from apprehension through placement in 

a longer-term DRO or ORR facility, that were contained in the Deportable 

 

28 When the Detroit Border Patrol sector has to hold juveniles for more than 24 hours, Border Patrol agents transport and 

hold juveniles in temporary housing in various hotels near the Border Patrol stations.

29 CBP has a policy for reviewing and approving the holding of juveniles for more than 24 hours that only applies to 

POE facilities, as opposed to Border Patrol facilities. Secure Detention Procedures at Ports of Entry, March 9, 2004. 
A Review of DHS’ Responsibilities for Juvenile Aliens

Page 18

Alien Control System (DACS).30 According to the DACS data, 1,857 juvenile 

aliens were detained by DRO in FY 2004 and were subsequently placed in a 

longer-term facility.31 Our analysis showed that 224 (12.1 percent) of the 

1,857 juveniles were held longer than five days before placement in a longerterm detention facility. According to the DACS data, these lengths of time 

ranged from 6 to 225 days.32 The records did not reflect the reasons for the 

delays or who approved them. 33

To promote DHS’ responsibility to process and transport juvenile aliens in a 

timely manner, all CBP personnel who have contact with juveniles need to 

know the relevant time requirements, the approved reasons for exceeding 

them, the appropriate officials who should be notified, and the officials with 

authority to approve the exceeding of the guidelines.

We recommend that the Undersecretary, Border and Transportation Security:

Recommendation #2: Formulate and disseminate official policies, 

applying to all CBP facilities that hold juvenile aliens, which stipulate 

the exceptions to the time guidelines on holding juveniles; the 

deadlines and formats for notification; and, specific officials who are 

authorized to approve extensions.

Longer-Term Detention of Juvenile Aliens 

DRO is primarily responsible for transporting apprehended juvenile aliens 

from CBP facilities to longer-term detention facilities overseen by DRO or 

ORR. The former INS’ policy for escorts governs DHS policy for 

transporting and escorting juvenile aliens.

34 CBP and ICE escort juveniles 

using detention vans and buses. Escorts of unaccompanied juveniles require a 

minimum of one ICE or CBP employee and an employee of the same gender 

is required for one juvenile. Two employees are required for a group of two 

to five juveniles and each additional group of five juveniles requires an 

 

30 DACS is a mainframe system that tracks the status of illegal aliens, including juvenile aliens, who are in removal 

proceedings. The system provides an automated database that assists in the deportation or detention of aliens in 

accordance with immigration and nationality laws. It also serves as a docket and control system concerning the status 

and disposition of deportable aliens. 

31 We analyzed data for 1,857 juvenile aliens apprehended and then detained nationwide in FY 2004. These data were 

compiled from DACS data, provided by DRO in May 2005. 

32 We also found 17 juvenile aliens, according to the DACS data, for whom dates for entering the longer-term detention 

facility were before their apprehension dates. These 17 records were not included in this analysis. 

33 According to a DRO official, delays in placing juveniles in longer-term facilities occur for reasons such as the juvenile 

initially gives inaccurate biographical data to apprehending officers; initially claims to be an adult; has a medical 

condition; or, may be a witness for an investigation. 

34 Enforcement Standard: Escorts, Deportation Officer’s Field Manual, August 29, 2002.
A Review of DHS’ Responsibilities for Juvenile Aliens

Page 19

additional employee. Flores stipulates that unaccompanied juveniles 

apprehended by DHS “should not be transported... in vehicles with detained 

adults” unless specific circumstances apply. 35 We did not receive assurances 

that a female DHS employee always escorts a single female juvenile. 

However, CBP line personnel explained that they follow specific escort 

procedures, including reporting the starting and ending times and mileage 

incurred during the escort.

ICE is currently under a hiring freeze that began on April 2, 2004, and will 

remain in effect until further notice.36 With few exceptions, ICE has been 

unable to hire new employees and cannot fill vacancies when employees leave 

current ICE positions. Transporting juvenile aliens to different jurisdictions 

requires intensive DRO workforce resources that are not increasing 

concurrently with national increases in juvenile apprehensions.37 Therefore, 

CBP personnel regularly supplement DRO transportation operations, moving 

juveniles from the CBP facility after processing to subsequent DRO or ORR 

detention facilities. 

DRO is responsible for housing accompanied juvenile aliens, while ORR is 

responsible for housing unaccompanied juvenile aliens pending the resolution 

of immigration proceedings. DRO attempts to keep families together by 

finding available space in a family shelter. However, on occasion, such as 

when criminal charges are filed against the parent or bed space is not available 

in a family shelter, DRO is unable to keep the juvenile with the adult relative. 

In these instances, the juvenile is separated from the adult relative and is 

treated as an unaccompanied juvenile under ORR’s jurisdiction. 

Need for Additional Family Shelters 

Juvenile aliens who were accompanied when originally apprehended can 

become unaccompanied juveniles because of a lack of appropriate detention 

facilities. In these situations, accompanied juveniles, regardless of age, are 

separated from their family members because longer-term facilities are not 

readily available to accommodate the family. Juveniles ranging from babies 

to teenagers are transported to facilities without their parents. Separating 

juveniles from their family increases the risk in housing a particularly 

 

35 Flores, Stipulated Settlement Agreement, August 12, 1996. Examples of these circumstances include when juveniles 

are transported from the apprehension location to a CBP facility or when separate transportation of juvenile and adult 

aliens is “impractical.” 

36 Hiring Freeze Guidance, U.S. Immigration and Customs Enforcement, 2004. 

37 According to CBP officials, Border Patrol apprehensions of juvenile aliens in FY 2004 were 26.2 percent higher than 

juvenile apprehensions in FY 2003.
A Review of DHS’ Responsibilities for Juvenile Aliens

Page 20

vulnerable alien population and contradicts DHS’ priority to keep juveniles 

with their families.38 

The Phoenix FOJC said that there is no facility in the Phoenix area that can 

accommodate apprehended families with juvenile aliens (known as a “family 

unity” shelter). Phoenix DRO oversees detention and removals for juvenile 

aliens for the Tucson Border Patrol sector, which apprehended the most 

juvenile aliens - 48,272 - of any Border Patrol sector in FY 2004.

We reviewed the A files for seven accompanied juveniles who were 

apprehended and detained in the Tucson area. Six of these accompanied 

juveniles were detained in ORR facilities in the Phoenix area.39 All six of 

these accompanied juveniles were separated from their families.

There is no facility to house accompanied juvenile aliens with their family 

members in the New York area.40 Prior to August 2004, the New York DRO 

usually transported juveniles to the ORR facility in Leesport, PA (outside of 

Philadelphia, PA) that housed unaccompanied juvenile aliens.41 During the 

time of our review, accompanied juveniles apprehended at the JFK POE 

generally were separated from their families and were sent as unaccompanied 

juveniles to ORR facilities in Chicago, IL, Miami, FL, and Texas. 

 

38 Detention and Removal Officer’s Field Manual, Appendix 11-4: Juvenile Protocol Manual, November 2003. 

39 We could not find detention facility information for one juvenile alien. 

40 We determined that there is no facility to house accompanied juvenile aliens with their family members in the Detroit 

area, too. 

41 According to the DRO National Juvenile Coordinator, ORR terminated the facility contract with the Leesport, PA 

juvenile facility in August 2004. 
A Review of DHS’ Responsibilities for Juvenile Aliens

Page 21

Cases 

• Border Patrol agents apprehended a 12-year old juvenile alien with 

his mother near the POE at Douglas, AZ. The juvenile was 

transported to an ORR facility in Phoenix approximately two days 

after apprehension. The ORR facility in which the juvenile was 

detained does not accommodate adult aliens. His mother was taken 

to and detained at the DRO Florence Service Processing Center in 

Florence, AZ. 

• CBP apprehended an 11-year old juvenile at the JFK POE. 

Accompanied by his aunt, the juvenile was apprehended and 

processed the same day at the POE. He was transferred to an ORR 

facility in Chicago, IL that does not accommodate family members of 

apprehended juvenile aliens. 

The San Diego FOJC said that an ORR facility in San Diego can hold the 

mother of an accompanied juvenile, but fathers of accompanied juveniles are 

transported to a separate California facility without the juvenile. A juvenile 

traveling with a single male parent becomes an unaccompanied juvenile, is 

separated from the father, and is subsequently transferred to ORR.

We recommend that the Undersecretary, Border and Transportation Security:

Recommendation #3: Consider the costs and benefits for DRO to 

obtain additional bed space in facilities with family unity capacity. If 

determined to be beneficial, evaluate and determine the most 

advantageous locations for family unity facilities based on factors 

including volume of juvenile apprehensions and proximity to border 

areas or POEs. 

Placement Determinations for Unaccompanied Juveniles

The placement determination process contributes to delays in transferring 

unaccompanied juvenile aliens from a CBP processing facility or DRO 

detention facility to an ORR longer-term placement facility. Additionally, the 

process leads to juvenile aliens being dispersed across the United States. 

Juveniles are transferred frequently to initial longer-term facilities that are not 

in the local geographic area of their apprehension. For example, a DRO agent 

in the San Diego Field Office said that he has transported juveniles to 

facilities in Miami, Phoenix, and El Paso. 
A Review of DHS’ Responsibilities for Juvenile Aliens

Page 22

After an apprehension, CBP notifies the respective DRO FOJC that an 

unaccompanied juvenile alien has to be detained pending immigration 

proceedings. The FOJC provides biographical, behavioral, and apprehension 

information to ORR for its use in determining the appropriate type of facility 

in which to house the juvenile. The FOJC request to ORR is a critical step in 

transferring an unaccompanied juvenile to an appropriate facility within 3-5 

days, pursuant to Flores. 

After the initial FOJC contact, ORR determines which ORR facilities have 

available bed space and are an appropriate placement location for the juvenile 

alien. Once the facility is determined, ORR provides that information to the 

FOJC who, in turn, notifies CBP or DRO of the location and makes 

arrangements to transport the unaccompanied juvenile. The process of 

identifying an ORR facility usually takes only a few hours. However, any 

delay by ORR extends the time that a juvenile spends in temporary holding 

conditions at the apprehension site. 

While DRO may request that an unaccompanied juvenile alien be placed at a 

specific facility geographically close to where the juvenile was apprehended, 

ORR may decide to place the juvenile in an ORR facility much farther away. 

For example, ORR has placed juveniles apprehended in the Tucson Border 

Patrol sector in facilities in Miami, Atlanta, and Washington state. 

The geographic dispersion of juveniles is especially acute in areas that have 

no applicable DRO or ORR facilities, such as Detroit and New York. ORR, 

as of October 2004, had 41 facilities nationwide. Twenty-seven of these 

facilities are located in states on the Southwest border that have the highest 

volume of juvenile alien apprehensions. However, these facilities are mostly 

inland away from the border and the associated Border Patrol stations. 

DRO must expend limited workforce resources for interstate transportation of 

juvenile aliens to ORR facilities. Our analysis showed that 364 (19.6 percent) 

of the 1,857 juvenile aliens detained by DRO in FY 2004 were held in an 

initial longer-term facility in a different DRO Field Office jurisdiction or state 

from where they were initially apprehended.42 

When DRO has difficulty making travel arrangements, especially scheduling 

flights to distant ORR facilities, DRO may be required to place the juvenile 

alien in a temporary detention facility. In some locations, such as Detroit and 

New York, this has resulted in temporarily housing juveniles in hotel rooms 

near the Border Patrol stations or JFK International airport. 

 

42 We analyzed data for juvenile aliens apprehended and then detained nationwide in FY 2004. These data were 

compiled from DACS data, provided by DRO in May 2005. 
A Review of DHS’ Responsibilities for Juvenile Aliens

Page 23

We recommend that the Undersecretary, Border and Transportation Security:

Recommendation #4: Propose to ORR that ORR and DRO jointly 

evaluate apprehension rates by geographic area and provide adequate 

bed space near significant areas of apprehensions in order to minimize 

DHS initial interstate transfers of unaccompanied juveniles. 

DHS Management and Oversight of Juvenile Alien Responsibilities

The HSA profoundly changed the system for apprehending, transporting, and 

detaining juvenile aliens. Where a single organization once was responsible 

for juveniles, there are now two responsible federal departments, DHS and 

HHS. Within DHS, responsibilities for juveniles are split between two major 

components, CBP and ICE. 

DHS and HHS have failed to delineate clearly their respective organizational 

functions regarding unaccompanied juvenile aliens who are apprehended, 

transported, and initially detained by DHS - but who are subsequently 

transferred to ORR. In addition, the responsibilities within DHS for program 

oversight of juveniles require further definition.

Delineation of Interagency Juvenile Program Responsibilities 

DRO and ORR have contrasting organizational missions.43 DRO seeks to 

ensure “the departure from the United States of all removable aliens” through 

enforcement of U.S. immigration laws.44 Conversely, ORR directs programs 

to help refugees and aliens, including juveniles, with “domestic refugee and 

entrant resettlement assistance.” ORR’s mission is to assist refugees and 

aliens in establishing “a new life that is founded on the dignity of economic 

self-support.”45 Harmonizing these differing missions through clearer 

delineation of program responsibilities would define ORR’s obligations to 

abide by applicable immigration laws governing the cases of juvenile aliens 

held in ORR facilities. 

In March 2003, the HSA divided immigration functions related to 

unaccompanied juvenile aliens between DHS and HHS. However, ORR was 

unable to immediately assume these new statutory responsibilities. For 

example, ORR was initially unable to transport unaccompanied juveniles to 

court, medical facilities, or other ORR facilities. By agreement between DHS 

 

43 The current responsible DHS component is DRO. The current responsible HHS component is ORR. 

44 ENDGAME: Office of Detention and Removal Strategic Plan, 2003-2012, Immigration and Customs Enforcement, 

June 27, 2003. 

45 ORR Mission, Office of Refugee Resettlement, Administration for Children & Families, HHS. 
A Review of DHS’ Responsibilities for Juvenile Aliens

Page 24

and HHS, DRO continued performing these transportation duties until ORR 

was able. DRO continued to perform duties technically transferred to ORR 

until August 2004, when ORR was capable of independently fulfilling this 

mission. 

DRO and ORR attempted to draft a Memorandum of Understanding (MOU) 

to delineate their respective roles and responsibilities for unaccompanied 

juvenile aliens. Both the DRO National Juvenile Coordinator and the relevant 

ORR Division director confirmed that an MOU for the unaccompanied 

juveniles program has not been signed and, in the words of the Coordinator, 

“relevant negotiations are currently in a stalemate.” The Coordinator said that 

ORR has had concerns with privacy and social services issues, while DRO has 

been concerned with security issues, such as restricting the releases of 

juveniles only to sponsors qualified in accordance with applicable 

immigration laws and policies. 

Due to difficulties the two agencies had in agreeing on the terms of the MOU, 

they developed instead a Statement of Principles as an interim agreement.46 

The Statement of Principles represents the only current, formal agreement 

between DHS and HHS on the unaccompanied juvenile program. While the 

Statement of Principles defines overarching operational responsibilities, it 

does not address important issues and procedures regarding the care, 

treatment, and release of unaccompanied juveniles on which agreement 

between DHS and HHS is essential. The Statement of Principles regarding 

unaccompanied juveniles is an imprecise and preliminary document. It was 

issued in April 2004, over one year after the statutory assignment of 

responsibilities and resources to HHS. It has not been updated in the one year 

since it was signed. A more detailed, binding MOU would improve the 

effectiveness of the mandated coordination between the two agencies when 

unaccompanied juveniles require housing by ORR while their immigration 

cases are resolved. The directors for DRO and ORR have been responsible 

for facilitating the currently unsuccessful MOU negotiations. While the head 

of the responsible ORR Division and the DRO National Juvenile Coordinator 

have regular discussions on procedural matters, both officials agreed that 

these discussions were unable to resolve the serious policy differences that a 

comprehensive MOU would address.

Among other issues, DRO should continue to urge ORR to adopt specific 

criteria, enumerated in procedures, which govern when ORR may release 

unaccompanied juvenile aliens on bond or into the custody of a sponsor 

pending immigration proceedings. These procedures should identify 

appropriate sponsors to whom a juvenile may be released, the record checks to 

 

46 Statement of Principles Between the Department of Homeland Security and the Department of Health and Human 

Services, Unaccompanied Alien Children Program, April 6, 2004. See Appendix E. 
A Review of DHS’ Responsibilities for Juvenile Aliens

Page 25

be run on proposed sponsors, timing of notifications to DRO that ORR plans 

to release a juvenile, and a procedure for DRO to oppose a proposed ORR 

release of a juvenile. 

DRO officials told us that release procedures vary by ORR facility. The DRO 

National Juvenile Coordinator said that ORR does not consistently notify 

DRO of a juvenile’s pending release and may not notify DRO until days after 

the release. DRO concerns stem from its responsibility for the safety of 

juveniles in DRO Field Office jurisdictions and for the completion of 

juveniles’ immigration cases. In FY 2004, 249 juveniles failed to appear for 

their required immigration hearings after being released from an initial ORR 

facility. 47 

The following cases are illustrative of these juvenile release problems: 

 

47 EOIR, a component of the Department of Justice, tracks the progress and outcome of immigration cases in its 

Automated Nationwide System for Immigration Review (ANSIR) case management database. EOIR provided the data 

in response to our request to compare the DACS list of 1,857 detained juvenile aliens with ANSIR data showing 

juveniles who failed to appear and were consequently issued immigration removal orders in absentia. 
A Review of DHS’ Responsibilities for Juvenile Aliens

Page 26

Cases

• Two 16-year old juvenile siblings from Guatemala were apprehended 

together and placed in an ORR facility in Phoenix. The 16-year old 

sister was released, with ORR’s approval, to a 19-year old male 

sponsor who was in the United States illegally. The sponsor submitted 

a birth certificate to ORR facility personnel with a different name from 

what he originally gave. The 16-year old brother, who was 

apprehended at the same time, was released to an illegal 20-year old 

who claimed to be his older brother. The Phoenix FOJC disagreed 

with the decision to release these two juveniles. Despite these 

objections, ORR released both of them in February 2005.

• Two related Guatemalan juveniles, each aged 171⁄2, were transferred 

from a Phoenix DRO detention facility to a Phoenix ORR facility on 

March 4, 2005. Immediately following their transfer to the ORR 

facility, a Guatemalan adult applied to be a sponsor for the two 

juveniles and have them released into his custody. This proposed 

sponsor claimed to be the father of one juvenile and the uncle of the 

other. The proposed sponsor submitted birth certificates for 

completely different identities for the two juveniles to prove the 

juveniles’ relationship to him. ORR accepted the two birth certificates 

as valid and then conducted an Internet background check on the 

sponsor with negative results. ORR approved the juveniles’ releases 

to the applying sponsor in March 2005. 

After being informed that these two juveniles had been released to the 

sponsor, the Phoenix FOJC performed immigration database checks on 

the sponsor. These checks revealed two prior apprehensions for 

immigration violations that made the sponsor removable. Further 

criminal database checks showed that the sponsor had an extensive 

U.S. criminal history, dating back to 1991, for offenses such as 

burglary, assault and battery, and receiving stolen property. These 

immigration and criminal offenses made this alien ineligible to 

sponsor these two juveniles. 
A Review of DHS’ Responsibilities for Juvenile Aliens

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We recommend that the Undersecretary, Border and Transportation Security:

Recommendation #5: Request ORR to enter into an MOU with DRO 

on respective responsibilities for unaccompanied juvenile aliens. The 

MOU should contain specific requirements for releases, including 

mandatory record checks on potential juvenile sponsors. 

Need to Formalize Oversight Responsibilities of Juvenile Alien Program

DHS’ leadership of its juvenile alien responsibilities is not well defined. The 

National Juvenile Coordinator transferred to DRO from the former INS and 

has continued responsibilities for developing juvenile policy for the DRO 

field, training DRO field personnel on policy and laws governing handling of 

juvenile aliens, and acting as an organizational liaison. However, a National 

Juvenile Coordinator has not been established for all of DHS and the position 

did not appear to have formal authority outside of DRO to direct CBP and 

non-DRO ICE personnel on juvenile alien issues.

The HSA formally transferred program responsibilities, staff, and budgets for 

unaccompanied juvenile aliens to ORR. However, DHS still has 

responsibility and authority for apprehending, processing, transporting, and 

initially detaining juvenile aliens, both unaccompanied and accompanied.48 

DHS is also responsible for housing accompanied juveniles until they are 

released from custody or returned to their country of origin. 

While DHS is responsible for aspects of juvenile detention, the 

responsibilities are split between internal components and program authority 

is unclear. Formalizing the scope and authority of the DRO National Juvenile 

Coordinator could increase the uniform direction and guidance given to CBP 

and ICE, agencies that are both involved in apprehending, transporting, and 

housing juvenile aliens. It would also provide a clear point of contact for 

entities outside of DHS for juvenile-related policies and procedures. 

We recommend that the Undersecretary, Border and Transportation Security: 

Recommendation #6: Consider formally designating the position of 

National Juvenile Coordinator as the DHS lead on juvenile alien policy 

and the official DHS point of contact on juvenile alien policy for other 

agencies and organizations. 

 

48 DRO does not have specific objectives or program descriptions related to DRO’s mission for juvenile aliens. 

ENDGAME: Office of Detention and Removal Strategic Plan, 2003-2012, Immigration and Customs Enforcement, June 

27, 2003. 
A Review of DHS’ Responsibilities for Juvenile Aliens

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Status of 2001 DOJ OIG Report Recommendations 

On September 28, 2001, DOJ OIG issued a report, Unaccompanied Juveniles 

in INS Custody.

49 This report described the management and treatment of 

unaccompanied juveniles apprehended and detained by the former INS. The 

report contained 28 recommendations to improve INS policies and procedures 

on juvenile detentions. Following the report, INS and DOJ OIG were able to 

resolve and close eight of the recommendations. After DHS assumed 

responsibility for INS’ immigration functions in March 2003, we became 

responsible for tracking recommendations contained in the DOJ OIG report. 

In March 2004, we reviewed the 20 remaining open recommendations from 

the DOJ OIG report.50 We administratively closed eight recommendations 

and transferred responsibility for closing nine recommendations to HHS. We 

retained responsibility for resolving and closing two recommendations and 

determined that one recommendation would require action by both DHS and 

HHS to resolve and close. As part of this inspection, we reviewed progress 

made in addressing these last three recommendations.

Continuing CBP and ICE Training Program on Treatment of Juveniles

According to DOJ OIG report Recommendation 25:

The INS should establish a continuing post-academy INS-wide 

training program to ensure all employees whose duties bring 

them into contact with juveniles understand and comply with 

the terms of the Flores agreement and document the training. 

CBP and ICE have not implemented an ongoing post-academy training 

program on the Flores agreement. Training on Flores was incorporated into 

the curriculum taught to immigration agents and officers at the Federal Law 

Enforcement Training Center (FLETC), but continuing post-academy training 

is lacking. 

We interviewed 43 line CBP personnel and 22 line DRO personnel. Of these 

65 interviewees, 21 CBP and DRO personnel graduated from FLETC after 

Flores was implemented in February 1997. They recalled receiving training 

relating to the proper treatment of juvenile aliens during their FLETC training. 

However, they did not recall receiving any additional formal training, other 

 

49 DOJ OIG Report Number I-2001-009.

50 Open Inspector General Recommendations Concerning the Former Immigration and Naturalization Service from 

“Unaccompanied Juveniles in INS Custody,” a Report by the Department of Justice Inspector General, OIG-04-18, 

March 2004.
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than on-the-job training, related to juvenile aliens and Flores after graduating 

from FLETC. Of the 44 CBP and DRO interviewees who did not receive the 

FLETC training, 18 recalled viewing a short video and receiving a related 

handout as part of their 1997 training on Flores but they did not recall the 

specific content of the training. 

We noted that procedural and policy updates on handling juvenile aliens 

appear to be available to CBP and ICE personnel who have contact with 

juvenile aliens. For example, DRO FOJCs have weekly teleconference calls 

with the DRO National Juvenile Coordinator that include updates on relevant 

policies and procedures. According to a DRO official, the FOJCs then relay 

any policy or procedural updates to appropriate DRO officers in their 

respective Field Offices. Twenty-two DRO personnel, CBP officers, and 

Border Patrol agents said they intermittently receive updates relating to 

juveniles during pre-shift muster meetings, or via memoranda or email. 

To ensure all relevant CBP and ICE personnel are informed of current 

procedures and requirements for handling juveniles, a consistent, DHS-wide 

training program should be implemented to ensure that all relevant employees 

understand and comply with Flores. We are closing Recommendation 25 of 

the 2001 DOJ OIG Report Number I-2001-009 and issuing the equivalent 

recommendation in this report.

We recommend that the Undersecretary, Border and Transportation Security: 

Recommendation #7: Establish an ongoing training program to 

ensure that all CBP and ICE employees whose duties bring them into 

contact with juvenile aliens understand and comply with the terms of 

Flores. This training should be standardized in format and 

participation should be centrally documented. 

Records of Transportation and Custody of Detained Juveniles

According to DOJ OIG report Recommendation 4:

The INS should implement procedures that require juvenile 

transportation and detention custodial records that provide 

sufficient accountability for all juveniles detained in the 

custody of the Border Patrol sectors and the districts.

Documentation of transportation and detention custodial records for juvenile 

aliens continues to be inconsistent at DRO Field Offices. Consistent and 

uniform documentation would provide ICE with adequate records to confirm 
A Review of DHS’ Responsibilities for Juvenile Aliens

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the use of appropriate procedures and identify problems that may arise during 

the transport and detention of juvenile aliens.

DRO Field Offices generally maintain travel and detention logs for detained 

juvenile aliens. However, the logs at the four DRO Field Offices we visited 

were not uniform in format. Some were composed of all aliens detained or 

transported, whether juveniles or adults. For example, the DRO National 

Juvenile Coordinator said that DRO uses Form I-216 (Record of Person and 

Property Transferred) and Form G-391 (Official Detail) to document 

transportation of juveniles. However, the Detroit FOJC said that the Detroit 

DRO’s “Travel Section” maintains a spreadsheet of localized transportation 

records involving juveniles. The New York FOJC retains a handwritten 

logbook of juveniles housed at a JFK hotel. For New York DRO, 

transportation is documented on the Form G-391 and should be in the 

juvenile’s A file.51 The New York DRO Field Office also maintains Forms I216 for all detained aliens, but does not separate the forms for juveniles from 

those for adult aliens. Phoenix DRO documents transports of juvenile aliens 

using the form I-216, which is maintained by the local detention office. 

Phoenix DRO does not maintain a separate transport log for juveniles. The 

San Diego FOJC maintains an electronic spreadsheet of juvenile aliens in 

“active custody” and those who were released. 

Juveniles were not separated as a category, or individually identified as 

juveniles, in the DRO logs we reviewed. The DRO National Juvenile 

Coordinator said DRO plans to track transportation of juveniles DRO-wide in 

a planned new database. However, an implementation date for the new 

database has not been determined.

The Border Patrol stations and POEs we visited also kept detention and 

transportation logs for apprehended juvenile aliens in differing, nonstandardized formats. For example, the POE at Nogales, AZ maintains a 

separate, handwritten log for juveniles on site. Border Patrol stations in the 

San Diego sector also had individual logbooks but they did not separately 

identify juveniles from adult aliens. 

Consistent and uniform documentation of transportation and detention of all 

juveniles in DHS custody will ensure accountability for the safety and 

treatment of such juveniles. Standard procedures to document the 

transportation and detention of detained juveniles should be implemented. 

We are closing Recommendation 4 of the 2001 DOJ OIG Report Number I2001-009 and issuing the equivalent recommendation in this report.

 

51 In our A file review, these two forms were overwhelmingly not included in the juveniles’ A files. We reviewed A files 

for 96 detained juveniles apprehended in calendar year 2004. Of the 96 detained juvenile aliens, Form G-391 was in 

only one A file and Form I-216 was in only six A files. 
A Review of DHS’ Responsibilities for Juvenile Aliens

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We recommend that the Undersecretary, Border and Transportation Security: 

Recommendation #8: Implement procedures that require juvenile 

transportation and detention custodial records that provide sufficient 

detail and accountability for all juveniles apprehended by DHS. 

Escorting Juveniles Until Release to a Sponsor

DHS has taken action to resolve and close Recommendation 5 of the DOJ 

OIG report, which provided:

The INS should implement procedures that require INS 

officers, or designated non-INS personnel under contract with 

the INS, to escort and maintain physical custody of all 

juveniles until the juvenile is released to a sponsor. 

According to a DRO official, the DHS juvenile escort policy was revised and 

became effective on August 29, 2002. The revised escort policy is currently 

an appendix to the Deportation Officer’s Field Manual. The revised escort 

policy will be a part of the updated Juvenile Protocol Manual, according to the 

DRO official. This policy states that escorts of unaccompanied juveniles 

require a “minimum of one escort” and that one DHS employee of the same 

gender of a juvenile has to be present during the escort. We consider the 

DHS portion of this recommendation resolved and closed. 

Management Comments and OIG Analysis

In its response, dated September 12, 2005, BTS agreed that opportunities exist 

to improve its processes for apprehending, processing, transporting, and 

detaining juvenile aliens. BTS stated that the OIG report was accurate and the 

resultant recommendations were sound and represented operational ways to 

better address its approach to juveniles. 

BTS said that overall, it was already taking action to address several 

recommendations. However, it did not specifically comment on any 

recommendations, including the five for which it is responsible. CBP 

concurred with and intends to take action to address the three 

recommendations within its purview. ICE did not substantively address the 

three recommendations for which it is responsible (CBP and ICE are jointly 

responsible for two recommendations). In its response, BTS did not 

specifically concur with any of the recommendations; CBP concurred with 3 

of the 8 recommendations; and, ICE did not specifically concur with any of 
A Review of DHS’ Responsibilities for Juvenile Aliens

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the recommendations. We consider 1 of the 8 recommendations resolved and 

7 recommendations unresolved. All recommendations remain open. 

CBP generally agreed with the report’s information, findings, and 

recommendations. CBP recognized that certain aspects of its processing, 

monitoring, and housing of juvenile aliens could be improved. CBP noted 

that the report failed to discuss that increasing numbers of juveniles are 

“guides” for illegal alien smugglers. While we obtained evidence that this 

practice occurs in Border Patrol sectors, specifically in the San Diego and 

Tucson sectors, our review did not encompass criminal prosecutions of 

juveniles (or aliens claiming to be juveniles). Instead, we focused on the 

administrative processes for addressing juvenile’s immigration violations. 

ICE concurred with the content of most of the report. ICE’s most significant 

comment was that the report should include additional information related to 

DHS’ efforts in requesting that ORR provide appropriate bed space within 

reasonable distances where juveniles are apprehended. We obtained evidence 

of DHS’ efforts to request that ORR provide appropriate bed space within 

reasonable distances from points of apprehension. Particularly, DRO 

attempted to address challenges stemming from transferring juveniles from 

DHS to ORR custody by directing the issuance of at least five letters, between 

October 8, 2003, and May 27, 2004, from DHS to ORR. These letters 

addressed issues emanating from the March 2003 reorganization of federal 

responsibilities for juvenile aliens, including transporting juveniles to remote 

and distant facilities and securing available bed space in convenient locations. 

However, we could not obtain evidence as to ORR’s operational responses to 

these letters. 

Overall, BTS’ responses to our recommendations did not uniformly illustrate 

the corrective actions it intends to take. Specifically, we are concerned about 

whether BTS recognizes the importance of negotiating an MOU with ORR 

and the positive impact that would have on the transportation and detention of 

juvenile aliens. We were also unable to discern the corrective action ICE 

intends to take, especially for establishing consistent and uniform 

documentation for the transportation and detention of juveniles.

CBP submitted technical comments on specific statements and facts in the 

report. We evaluated CBP’s technical comments on an individual basis and 

modified our report, as appropriate. 

Below are management comments and OIG analysis of management 

comments for each recommendation.
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Recommendation 1: Formally request that EOIR ensure that the lists of free 

legal services providers are current and accurate. Updated lists should be 

distributed on a regular basis to all Border Patrol stations and POEs. 

BTS Response: BTS did not provide a response to the recommendation. 

OIG Evaluation: We consider the recommendation unresolved and open 

because no response to the recommendation was provided. 

Recommendation 1 – Unresolved - Open

Recommendation 2: Formulate and disseminate official policies, applying to 

all CBP facilities that hold juvenile aliens, which stipulate the exceptions to 

the time guidelines on holding juveniles; the deadlines and formats for 

notification; and, specific officials who are authorized to approve extensions.

BTS Response: CBP concurred with this recommendation. CBP stated that 

its two relevant Offices - Office of Field Operations (OFO) and Office of the 

Border Patrol (OBP) – issued guidelines that were sufficient to close its 

responsibility for this recommendation. 

The relevant OFO policy was issued on March 9, 2004, and was obtained 

during our review. 52 OFO stated it would transmit the policy again to all 

POEs and include it in morning “muster” briefings given to CBP officers 

stationed at POEs. This policy included guidance to POEs to notify the 

applicable Port Director for detentions of any aliens, including juveniles, in 

secure areas that exceeded 12 hours. In addition, the policy stipulated that the 

Director, Field Operations, should be notified through the chain of command 

when detention of any alien exceeded 24 hours. This process is designed so 

that the Director, Field Operations, can notify the counterpart in DRO to 

resolve the situation when necessary. 

The relevant OBP policy was issued on September 2, 2005, after our draft 

report was issued to BTS. This interim guidance states that “unaccompanied 

juveniles” should not be held longer than 24 hours. CBP stated that the 

interim guidance will be effective until “official CBP detention guidelines” 

are promulgated. 

OIG Evaluation: The OFO response is sufficient to address the reviewing 

and approving of decisions to hold juvenile aliens at POEs for more than 24 

hours. The OFO policy is applicable to all aliens, whether juveniles or adults. 

 

52 Secure Detention Procedures at Ports of Entry, March 9, 2004. 
A Review of DHS’ Responsibilities for Juvenile Aliens

Page 34

However, the interim guidance issued by OBP on September 2, 2005, does not 

cover accompanied juvenile aliens, but only unaccompanied juveniles.53 In 

addition, the interim guidance does not address the process for reviewing and 

approving the holding of juveniles for more than 24 hours at the Border Patrol 

sector or OBP Headquarters level. Conversely, the referenced OFO policy 

entails Port Director approval of all detentions in secure areas “that reach or 

exceed 12 hours” and provisions for notifying the Director, Field Operations, 

when an alien is held at the POE for “24 hours or more.” 

Please provide us with a copy of the updated policy for OBP that includes 

accompanied juveniles aliens and entails notification procedures within the 

OBP chain of command. 

Recommendation 2 – Resolved - Open

Recommendation 3: Consider the costs and benefits for DRO to obtain 

additional bed space in facilities with family unity capacity. If determined to 

be beneficial, evaluate and determine the most advantageous locations for 

family unity facilities based on factors including volume of juvenile 

apprehensions and proximity to border areas or POEs. 

BTS Response: Neither BTS nor ICE provided responses to the 

recommendation. 

OIG Evaluation: We consider the recommendation unresolved and open 

because no response to the recommendation was provided. 

Recommendation 3 – Unresolved - Open

Recommendation 4: Propose to ORR that ORR and DRO jointly evaluate 

apprehension rates by geographic area and provide adequate bed space near 

significant areas of apprehensions in order to minimize DHS initial interstate 

transfers of unaccompanied juveniles.

BTS Response: BTS did not provide a response to the recommendation. ICE 

proposed a technical change that the recommendation should be amended to 

read, “Propose that DRO continue to propose that ORR adequately address 

and resolve these issue...” 

OIG Evaluation: We consider the recommendation unresolved and open 

because BTS did not respond to the recommendation. Regarding the proposed 

 

53 Aguilar, David V., Memorandum for All Chief Patrol Agents, Interim Guidance Regarding Unaccompanied Juveniles 

in Custody, September 2, 2005.
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ICE change, this recommendation is designed to elevate the proposal to ORR 

to the DHS Under Secretary level. Conversely, the proposed language retains 

these actions at the DRO level. The recommendation was not changed. 

Recommendation 4 – Unresolved - Open

Recommendation 5: Request ORR to enter into an MOU with DRO on 

respective responsibilities for unaccompanied juvenile aliens. The MOU 

should contain specific requirements for releases, including mandatory record 

checks on potential juvenile sponsors. 

 

BTS Response: BTS did not provide a response to the recommendation. 

OIG Evaluation: We consider the recommendation unresolved and open 

because no response to the recommendation was provided. 

Recommendation 5 – Unresolved - Open

Recommendation 6: Consider formally designating the position of National 

Juvenile Coordinator as the DHS lead on juvenile alien policy and the official 

DHS point of contact on juvenile alien policy for other agencies and 

organizations. 

BTS Response: BTS did not provide a response to the recommendation. 

CBP did not concur with the recommendation. According to CBP, it is not 

appropriate for an official at one agency to set policy unilaterally that impacts 

other agencies. CBP further asserts that it would be more appropriate to 

assign responsibility to coordinate juvenile activities among all agencies to an 

official at the Department level. 

OIG Evaluation: We consider the recommendation unresolved and open 

because no BTS response to the recommendation was provided. 

Regarding CBP’s comment, the recommendation specifies that the position of 

National Juvenile Coordinator would be re-designated as “the DHS lead on 

juvenile alien policy.” The spirit of this recommendation would elevate the 

responsibility for coordinating juvenile alien activities to an official at the 

Department level. This clarification alleviates CBP’s concern with the 

recommendation. 

Recommendation 6 – Unresolved - Open
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Recommendation 7: Establish an ongoing training program to ensure that all 

CBP and ICE employees whose duties bring them into contact with juvenile 

aliens understand and comply with the terms of Flores. This training should 

be standardized in format and participation should be centrally documented. 

BTS Response: CBP concurred with the recommendation. Within CBP, 

OFO stated that relevant training on the handling of juveniles was included in 

its “Unified Cross-Training of CBP officers” training course since its 

inception. However, CBP did not provide a date for when this training 

commenced. Nonetheless, this training includes lessons and distributed 

materials on Flores. CBP also plans to include processing of juveniles in an 

“Advanced Admissibility Course” that is currently being developed. In 

addition, CBP said that all training of CBP officers is tracked in a “central 

database maintained by CBP.”

The OBP “training department” will work to determine the best way to 

provide Flores training for Border Patrol agents after graduation from the 

Border Patrol academy. However, OBP did not specify how it would track 

participation in the training in a centralized manner. CBP specified that the 

above OFO and OBP training programs would be implemented by March 31, 

2006. 

ICE did not provide a response to the recommendation. 

OIG Evaluation: We concur with CBP’s intent to establish an ongoing, 

standardized training program to ensure that all relevant OFO and OBP 

employees understand and comply with Flores. We acknowledge that CBP is 

taking significant steps to ensure that ongoing participation in training occurs 

for all CBP employees whose duties bring them into contact with juvenile 

aliens. However, CBP’s response does not include a description of the 

frequency with which CBP employees would participate in Flores-related 

training. In addition, we need additional information on the “central database 

maintained by CBP” that tracks training participation to verify that it is 

consistently and centrally documented. 

We consider the recommendation unresolved because ICE did not provide a 

response to the recommendation. The recommendation is open until CBP and 

ICE provide additional information on the Flores training for their employees 

and on the methods for centrally tracking participation in this training. 

Recommendation 7 – Unresolved - Open
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Recommendation 8: Implement procedures that require juvenile 

transportation and detention custodial records that provide sufficient detail 

and accountability for all juveniles apprehended by DHS. 

BTS Response: CBP concurred with the recommendation and said that it 

already has procedures in place to address the recommendation. 

OFO procedures for recording the detention of all aliens, including juveniles, 

at POEs are enumerated in the March 9, 2004, OFO directive.54 This directive 

mandated that each POE maintain a “detention log (manually and/or by 

computer)” for all detainees placed in a POE detention cell. OBP’s interim 

guidance, dated September 2, 2005, requires that each Border Patrol station 

maintain a “detention log (manually or electronically) for all unaccompanied 

juveniles.” Both the OFO directive and the OBP guidance specify the types of 

identifying and custody information that should be captured. 

ICE did not provide a response to the recommendation. 

OIG Evaluation: We concur with the issuance of updated CBP policies to 

standardize juvenile detention logs. The OFO and OBP policies designated in 

CBP’s response address the maintaining of detention logs for juvenile aliens 

held at POEs and Border Patrol stations. However, the OFO policy should 

clarify that a standardized format for detention logs related to juvenile aliens 

should be maintained at each POE and should mandate that juvenile detention 

logs should be separately maintained from detention logs for adult aliens.

In addition, OBP’s guidance does not address the standardization of formats 

for the logs. The OBP guidance also only covers unaccompanied juvenile 

aliens and is not applicable to all juvenile aliens. Lastly, the OBP response 

does not specify that juvenile detention logs should be separately maintained 

from detention logs for adult aliens. 

We consider the recommendation unresolved because ICE did not provide a 

response to the recommendation. The recommendation is open until CBP 

provides updated policies applying to OFO and OBP for standardizing and 

separating juvenile custodial records; until ICE provides updated, responsive 

policies for standardizing and separating juvenile custodial records; and, after 

we have an opportunity to evaluate the extent to which these records provide 

sufficient detail and accountability for all juveniles held by CBP and ICE. 

Recommendation 8 – Unresolved - Open

 

54 Secure Detention Procedures at Ports of Entry, March 9, 2004. 
Appendix A

Purpose, Scope, and Methodology

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Purpose, Scope, and Methodology

The purpose of this review was to determine the effectiveness of the 

coordination between CBP and ICE after CBP apprehends and initially holds 

juvenile aliens. Our review included the process by which CBP informs ICE 

that a juvenile alien was apprehended, the process for transferring the juvenile 

alien to ICE DRO custody, and the effectiveness of the current system for 

transferring care and custody of unaccompanied juvenile aliens to HHS. In 

addition, we assessed the progress of relevant DHS components in 

implementing three open recommendations from a prior DOJ OIG report.55 

We reviewed the current organizational structure and objectives for the 

handling of juvenile aliens by DHS, including the roles and responsibilities of 

the two agencies - CBP and ICE - that have primary functions for 

apprehending, processing, transporting, and detaining juvenile aliens. Our 

review included an analysis of the process by which CBP informs ICE DRO 

that a juvenile alien has been apprehended, the process for transferring the 

juvenile to DRO custody, and the process of transferring custody of 

unaccompanied juveniles to ORR. We examined the length of time juvenile 

aliens were in DHS custody, both at CBP and DRO facilities. We also 

reviewed the progress of DHS in implementing three open recommendations 

concerning juvenile aliens from a prior DOJ OIG report, Unaccompanied 

Juveniles in INS Custody.

56

 

We did not evaluate ORR policies and procedures that are effective after 

unaccompanied juvenile aliens are transferred to ORR custody, nor did we 

review any DRO or ORR juvenile detention facilities other than the physical 

descriptions of initial detention facilities enumerated in the report. 

At the national level, we interviewed CBP and ICE management and program 

officials at CBP and ICE headquarters. These interviews included the DRO 

National Juvenile Coordinator and officials representing CBP personnel at 

POEs and the Border Patrol. We interviewed officials at ORR, including the 

director of the Division of Unaccompanied Children’s Services. We also 

interviewed officials with expertise in matters involving juvenile aliens from a 

non-governmental organization. We obtained data on national juvenile 

apprehensions and program budgetary allocations for FY 2003 and FY 2004.

 

55 Unaccompanied Juveniles in INS Custody, Department of Justice, Office of the Inspector General, I-2001-009, 

September 28, 2001.

56 DOJ OIG Report Number I-2001-009. 
Appendix A

Purpose, Scope, and Methodology

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Our CBP fieldwork entailed reviewing documents and information, 

conducting interviews, and touring appropriate facilities in Detroit, MI; New 

York, NY; San Diego, CA; and Tucson, AZ. We visited the land POE at the 

Blue Water Bridge in Port Huron, MI; the air POE at JFK International 

Airport in New York, NY; the land POE at San Ysidro, CA; and the land POE 

at Nogales, AZ. We visited three of the 20 Border Patrol sectors: Detroit, San 

Diego, and Tucson. In each, we visited the Border Patrol sector headquarters 

and three stations. We interviewed managers and line Border Patrol agents in 

each sector and managers and line CBP officers at each POE. 

For ICE, we visited four of the 21 Field Offices of ICE’s DRO: Detroit, MI; 

New York, NY; Phoenix, AZ; and San Diego, CA. We interviewed the FOJC 

at each of the four locations as well as the Field Office Director and other 

managers overseeing DRO handling of juvenile aliens. 

We reviewed 174 Alien files for juvenile aliens apprehended by CBP or ICE 

in calendar year 2004. Alien files, also known as A files, are the central 

repositories for immigration information on individual aliens in the United 

States. Our sample of 174 A files included 114 unaccompanied juveniles and 

57 accompanied juveniles.57 The average age was 12.6 years, ranging from 7 

months to 17 years old. We reviewed the A files of 63 female and 111 male 

juveniles. Of the 174 A files, 40 juveniles were citizens of Guatemala, 21 of 

Mexico, 21 of El Salvador, 15 of Honduras, and 11 of Jordan. There were 

smaller numbers of citizens of other countries.58 

We analyzed data from the Deportable Alien Control System (DACS) and 

CBP’s Enforcement Case Tracking System (ENFORCE).59 We evaluated the 

data in these two systems in order to track the dates and other relevant 

information regarding the apprehension, processing, transportation, and 

detention of juvenile aliens by CBP and ICE. We also analyzed data, 

provided by EOIR, from its Automated Nationwide System for Immigration 

Review (ANSIR) case management database. 

We examined relevant statutes and regulations, including the Homeland 

Security Act of 200260 and Title 8 of the Code of Federal Regulations. We 

reviewed policies and procedures emanating from Flores.

61 We evaluated 

policies and procedures that cover the handling of juvenile aliens by CBP and 

 

57 We could not determine whether three juvenile aliens in our A file sample were unaccompanied or accompanied. 

58 Our sample of 174 A files for juvenile aliens was judgmental and based on available files. Data could not be projected 

to the universe of juvenile aliens apprehended in 2004. 

59 DACS captures data on juveniles who are apprehended and under removal proceedings. ENFORCE captures specific 

apprehension data on juveniles, such as date and location of apprehension and initial immigration charges. 

60 P.L. 107-296.

61 Flores, Stipulated Settlement Agreement, August 12, 1996.
Appendix A

Purpose, Scope, and Methodology

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ICE, including relevant DHS policy memoranda, the Juvenile Protocol 

Manual, and other guidance.62 We reviewed documentation pertinent to the 

responsibilities of CBP, ICE, and ORR, including the Statement of Principles, 

the interagency agreement between DHS and HHS. We analyzed logbooks 

and other records regarding the apprehension, transportation, and detention of 

juvenile aliens by CBP and ICE, including relevant immigration forms. 

We conducted our review between September 2004 and February 2005, and 

reviewed supplemental data up to June 2005. Our review was conducted 

under the authority of the Inspector General Act of 1978, as amended, and 

according to the Quality Standards for Inspections issued by the President’s 

Council on Integrity and Efficiency.

 

62 Detention and Removal Officer’s Field Manual, Appendix 11-4: Juvenile Protocol Manual, November 2003. 
Appendix B

Management Response to Draft Report

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Appendix B

Management Response to Draft Report

A Review of DHS’ Responsibilities for Juvenile Aliens

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Appendix B

Management Response to Draft Report

A Review of DHS’ Responsibilities for Juvenile Aliens

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Appendix B

Management Response to Draft Report

A Review of DHS’ Responsibilities for Juvenile Aliens

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Appendix B

Management Response to Draft Report

A Review of DHS’ Responsibilities for Juvenile Aliens

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Appendix B

Management Response to Draft Report

A Review of DHS’ Responsibilities for Juvenile Aliens

Page 46
Appendix B

Management Response to Draft Report

A Review of DHS’ Responsibilities for Juvenile Aliens

Page 47
Appendix C

Major Contributors to this Report

A Review of DHS’ Responsibilities for Juvenile Aliens

Page 48

Melissa M. Howard, Ph.D., Chief Inspector, Department of Homeland 

Security, Office of Inspections and Special Reviews 

Andrew B. Hoffman, Inspector, Department of Homeland Security, Office of 

Inspections and Special Reviews 

Vivian Dupuy, Inspector, Department of Homeland Security, Office of 

Inspections and Special Reviews

Jennifer A. Lindsey, Inspector, Department of Homeland Security, Office of 

Inspections and Special Reviews
Appendix D

Summary of Flores Stipulated Settlement Agreement

A Review of DHS’ Responsibilities for Juvenile Aliens

Page 49

Reno v. Flores, a class action lawsuit, was filed against the INS challenging 

the agency's arrest, processing, detention, and release of juveniles in its 

custody. The case involved unaccompanied minors who entered the United 

States illegally and were subsequently detained by the U.S. government. In 

August 1996, the parties to the lawsuit negotiated a settlement, called the 

Flores Settlement Agreement, on several issues, including the detention, 

release, and treatment of juveniles in INS custody. 63 

After a juvenile’s apprehension, the INS agreed to abide by the following

stipulations for processing juveniles held in its custody: 

• Expeditiously process apprehended juvenile aliens;

• Promptly provide each detained juvenile with

a) A Form I-770, Notice of Rights and Request for Disposition,

b) An explanation of the right of judicia l review, 

c) A list of free legal services available in the district, and

d) A Notice of Custody Determination form describing the right 

to a bond redetermination hearing if applicable; and

• Afford a bond redetermination hearing before an immigration judge to 

juveniles in removal proceedings unless the juvenile indicates refusal 

of such a hearing on the Notice of Custody Determination form.

The INS agreed to abide by the following conditions for detaining juveniles: 

• Place detained juveniles in the least restrictive setting appropriate to 

the juvenile’s age and circumstances;

• Hold juvenile aliens in safe and sanitary facilities that provide access 

to toilets and sinks, drinking water and food as appropriate, medical 

assistance if necessary, adequate temperature control and ventilation, 

adequate supervision, and contact with family members who were 

arrested with the juvenile; 

• Segregate unaccompanied juveniles from unrelated adults while in 

custody, including during transportation. Where such segregation is 

not immediately possible, unaccompanied juveniles cannot be detained 

with unrelated adults for more than 24 hours; 

• Release juvenile aliens to an appropriate sponsor if detention is not 

deemed necessary to secure the juvenile’s appearance for immigration 

proceedings or to ensure the juvenile’s safety; and

 

63 Flores Stipulated Settlement Agreement, August 12, 1996, and Detention and Removal Officer’s Field Manual, 

Appendix 11-4: Juvenile Protocol Manual, November 2003. 
Appendix D

Summary of Flores Stipulated Settlement Agreement

A Review of DHS’ Responsibilities for Juvenile Aliens

Page 50

• Transfer a juvenile alien to an appropriate placement facility within 72 

hours to five days, as appropriate.
Appendix E

Statement of Principles Between the Department of Homeland Security and the Department of Health

and Human Services, Unaccompanied Alien Children Program

A Review of DHS’ Responsibilities for Juvenile Aliens

Page 51
Appendix E

Statement of Principles Between the Department of Homeland Security and the Department of Health

and Human Services, Unaccompanied Alien Children Program

A Review of DHS’ Responsibilities for Juvenile Aliens

Page 52
Appendix F

Report Distribution

A Review of DHS’ Responsibilities for Juvenile Aliens

Page 53

Department of Homeland Security

Secretary

Deputy Secretary

Under Secretary, Border and Transportation Security

Commissioner, Customs and Border Protection

Assistant Secretary, Immigration and Customs Enforcement

Chief of Staff

Assistant Secretary, Public Affairs

General Counsel

Executive Secretariat

Chief Security Officer

DHS OIG Liaison

BTS Audit Liaison

CBP Audit Liaison

ICE Audit Liaison

Office of Management and Budget

Chief, Homeland Security Branch

DHS Program Examiner

Department of Health and Human Services

Inspector General

Congress

Congressional Oversight and Appropriations Committees as Appropriate
Additional Information and Copies

To obtain additional copies of this report, call the Office of Inspector General 

(OIG) at (202) 254-4100, fax your request to (202) 254-4285, or visit the OIG 

web site at www.dhs.gov.

OIG Hotline

To report alleged fraud, waste, abuse or mismanagement, or any other kind 

of criminal or noncriminal misconduct relative to department programs or 

operations, call the OIG Hotline at 1-800-323-8603; write to Department of 

Homeland Security, Washington, DC 20528, Attn: Office of Inspector 

General, Investigations Division – Hotline. The OIG seeks to protect the 

identity of each writer and caller.