Unaccompanied Alien Children: An Overview

By William A. Kandel

The number of unaccompanied alien children (UAC, unaccompanied children) apprehended at the Southwest border between U.S. ports of entry while attempting to enter the United States without authorization has increased substantially over the past decade. Apprehensions numbered 8,041 in FY2008 and reached a then-record of 68,541 in FY2014. Since FY2014, apprehensions have fluctuated considerably, ranging from a low of 30,557 in FY2020 to a high of 149,093 in FY2022. Since FY2021, they have exceeded 130,000 each year. In the first 10 months of FY2024, apprehensions of UAC numbered 87,475. UAC are children under age 18 who lack both lawful immigration status in the United States, and a parent or legal guardian in the United States, or a parent or legal guardian in the United States who is available to provide care and physical custody. U.S. policy on UAC treatment and processing is guided by the Flores Settlement Agreement of 1997, the Homeland Security Act of 2002, and the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008. Children from the Northern Triangle countries—El Salvador, Guatemala, and Honduras—and increasingly from other countries dominate what was previously an almost entirely Mexican migrant flow. The TVPRA permits most Mexican children to be voluntarily returned to Mexico. In contrast, children from all other countries may enter the United States and are placed in formal removal immigration proceedings, during which they may apply for relief or protection from removal. Consequently, the shift in origin-country composition has affected both federal spending and the federal agencies responsible for unaccompanied children. The Department of Homeland Security (DHS), Department of Health and Human Services (HHS), and Department of Justice (DOJ) share responsibility for UAC processing, treatment, placement, and immigration case adjudication. DHS’s Customs and Border Protection (CBP) apprehends and detains UAC arrested at the border. DHS’s Immigration and Customs Enforcement (ICE) handles custody transfer and repatriation, apprehends UAC in the U.S. interior, and represents the government in removal proceedings. HHS’s Office of Refugee Resettlement (ORR) coordinates care and placement of UAC in appropriate custodial settings. DOJ’s Executive Office for Immigration Review (EOIR) adjudicates UAC removal cases. The Obama, Trump, and Biden Administrations, as well as Congress, have taken steps since 2014 to respond to the general increase in UAC apprehensions. During the 2014 surge, the Obama Administration opened the first large temporary shelters, initiated programs to address root causes of child migration, and created the Central American Minors (CAM) Refugee and Parole Program. The Trump Administration instituted policies to reduce illegal migrant flows and limit who could apply for asylum. It discontinued the CAM program and implemented an agreement between ORR and DHS to share biometric and immigration status information about children as well as sponsors and any adults in their households. In 2020, HHS’s Centers for Disease Control and Prevention (CDC) exercised its authority under U.S. Code Title 42 (public health) that temporarily allowed CBP to promptly expel UAC at the border. The Biden Administration has faced record high UAC apprehension levels. It has excepted unaccompanied children from Title 42 expulsions, revoked the ORR-DHS information-sharing agreement, employed numerous temporary influx facilities, and reactivated the CAM program. It also issued a final rule implementing the Flores Agreement and formalizing UAC policies in regulation. Congress has responded by providing funding for UAC-related activities in response to annual, supplemental, and emergency appropriations requests. Current UAC policy issues facing Congress include the provision of post-release follow-up and services, the prevalence of child labor violations, legal representation for children in immigration proceedings, and potential incentives for child migration created by the TVPRA.

Washington, DC: Congressional Research Service, 2024. 56p.