ICE Fails to Monitor Over 32,000 Unaccompanied Migrant Children Due to Systemic Issues

Inspector General Report Highlights Critical Failures in ICE’s Tracking of Unaccompanied Minors Released from Custody

The Office of Inspector General (OIG) has uncovered significant shortcomings in the U.S. Immigration and Customs Enforcement’s (ICE) ability to monitor and track unaccompanied migrant children (UCs) who have been released from the custody of the Department of Homeland Security (DHS) and the U.S. Department of Health and Human Services (HHS). The report, dated August 19, 2024, highlights systemic issues that have resulted in more than 32,000 UCs failing to appear for their immigration court hearings between fiscal years 2019 and 2023, with ICE unable to account for their location and status.

Unaccompanied Migrant Children at Risk

The report raises grave concerns about the safety and well-being of these unaccompanied minors, who are considered at higher risk for trafficking, exploitation, or forced labor. The OIG’s findings indicate that ICE’s inability to monitor these children once they are released from custody significantly hampers the agency’s efforts to protect them from potential harm. The situation is exacerbated by ICE’s failure to serve Notices to Appear (NTAs) to more than 291,000 UCs, leaving many without a scheduled immigration court date.

The failure to monitor these children is not merely a logistical oversight but a critical gap in the protection of some of the most vulnerable individuals in the immigration system. Without proper tracking and follow-up, these children could easily fall prey to those who would exploit them, a risk that ICE officials themselves have acknowledged.

Systemic Failures Within ICE

The OIG report identifies several key factors contributing to ICE’s failure to monitor unaccompanied minors effectively. One of the most significant issues is the lack of an automated process for sharing information within ICE and between external stakeholders such as HHS and the Department of Justice (DOJ). This lack of coordination has led to inconsistent data management and oversight, with ICE relying on manual, error-prone methods to track court appearances and update address information for UCs.

The report also highlights that ICE’s Enforcement and Removal Operations (ERO) lacks adequate staffing and resources, further limiting the agency’s ability to manage the immigration cases of these minors. The absence of a formal policy or process to follow up on UCs who fail to appear in court adds to the problem, leaving field officers without clear guidance on how to handle such cases.

ICE’s Inability to Share Information Effectively

The report points out that ICE does not have an accurate or automated system for sharing information between its own offices and with external stakeholders. The Principal Legal Advisor’s Network (PLAnet), ICE’s case management system, does not automatically notify ERO or HHS when a UC fails to appear in court, forcing officers to rely on manual processes that are time-consuming and prone to errors.

This lack of automation has led to discrepancies in the data maintained by ICE. The OIG’s analysis revealed a significant gap between the number of UCs who failed to appear in court according to different data sets, with more than 4,000 cases unaccounted for. These discrepancies underscore the need for an improved, centralized system that can provide real-time updates and ensure that all relevant parties are informed when a child misses a court date.

Limited Oversight and Guidance

The OIG report also criticizes ICE for its limited oversight and lack of formal guidance regarding UCs who fail to appear in court. Unlike adult migrants, UCs are not required to check in with ERO between their apprehension and court appearance, making it even more challenging for the agency to keep track of them. In some cases, ICE personnel never see the UCs before or after they are released to sponsors, leaving a significant gap in the monitoring process.

The report further notes that ICE’s Office of the Principal Legal Advisor (OPLA) issued guidance in December 2023 to improve the handling of juvenile cases, but this guidance has not been effectively implemented at the field level. As a result, many field officers remain uncertain about their responsibilities when a UC fails to appear in court, leading to inconsistent practices across different locations.

Recommendations and Responses

In response to the findings, the OIG has made two key recommendations to ICE. First, it urges the agency to develop and implement an automated system for sharing information internally and with stakeholders such as the DOJ and HHS. This system would help ensure that accurate and up-to-date information is available to all parties involved in the management of UC cases.

Second, the OIG recommends that ICE establish a formal process for identifying UCs who fail to appear for their immigration hearings and sharing this information with HHS. This would allow for better coordination between agencies and provide an opportunity to conduct wellness checks or offer post-release services to at-risk children.

ICE has concurred with these recommendations and has committed to evaluating options for automating data sharing and developing a formal process for managing cases of UCs who miss court dates. However, the OIG remains cautious, noting that these recommendations are still open and unresolved until ICE demonstrates that it has taken concrete steps to address the issues identified in the report.

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