Unaccompanied Minors in the United States and Mexico

REPORT 10.09.18 Alone and Vulnerable: Unaccompanied Minors in the United States and Mexico

Pamela Lizette Cruz, Research Analyst, Mexico Center Tony Payan, Ph.D., Françoise and Edward Djerejian Fellow for Mexico Studies, and Director, Mexico Center

INTRODUCTION UNACCOMPANIED CHILDREN: A GROWING CRISIS IN THE 1 Unaccompanied alien child (UAC) is a U.S. UNITED STATES legal term for a child who does not have lawful immigration status in the United Prior to the 1980s, the U.S. response States; is under the age of 18; and who to unaccompanied children was “ad lacks an available parent or legal guardian hoc and situation specific,” with the to provide care or physical custody.2 country admitting approximately 33,000 In Mexico, such children are known as unaccompanied children, mostly from a Niña, Niño, o Adolescente Migrante Europe, Asia, and Cuba, through 12 (NNA) No Accompañado.3 The increase in programs.5 In the 1980s, the majority unaccompanied minors in both countries of unaccompanied children came to the has garnered much attention in recent U.S. from Central America, where they years, but it is not a new phenomenon and is were fleeing civil conflict and widespread As of fiscal year-to- part of a global trend.4 Lately, however, both violence.6 In the 1990s, Mexican date 2018 (October 1, Mexico and the U.S. have come under severe minors were the largest percentage of 2017-August 31, 2018), criticism for the detention and treatment of unaccompanied children entering the 45,704 unaccompanied these unaccompanied minors. country. In the last decade, the majority This report provides an overview on of unaccompanied minors have once minors on the unaccompanied minors arriving to Mexico again been from Central America. Prior to Southwest border have and the United States and discusses the 2003, the now-defunct Immigration and been apprehended. main reasons why these children and Naturalization Service (INS), under the adolescents flee their home countries, Department of Justice, was the agency their perilous journeys, the conditions of responsible for the custody and care of their detention, and the treatment they unaccompanied minors. However, INS was experience in detention centers—including also the country’s primary immigration law alleged abuse, inhumane conditions, and enforcement agency, prosecuting these denial of their basic rights. It also argues undocumented unaccompanied minors for that both countries need a child-centric unlawful entry. These two responsibilities— approach to better understand and address caregiver and prosecutor—were “two the needs of these minors to ensure their irreconcilable and competing functions.”7 best interests and well-being. Consequently, data on unaccompanied minors prior to March 2003 is “a virtual black hole.”8 Allegations of mistreatment BAKER INSTITUTE REPORT // 10.09.18

of unaccompanied minors in INS care Families, a division of the U.S. Department led to a series of lawsuits that resulted of Health and Human Services (HHS).13 But in the Flores Agreement of 1997, which even after these administrative changes, set standards of care and treatment for allegations continue in the present day that minors in INS detention.9 In addition, the Flores Agreement has not been fully several laws, regulations, court orders, implemented by HHS, with the stations and and policies were established to regulate facilities housing children failing to meet the care and custody of unaccompanied “basic standards for hygiene, food, sleeping minors, including the William Wilberforce conditions, and medical care.”14 Trafficking Victims Protection Figure 1 shows the total overall Reauthorization Act of 2008 (TVPRA); immigration apprehensions and total Standards to Prevent, Detect, and Respond unaccompanied minor apprehensions to Sexual Abuse and Assault in Confinement in the U.S. from 2008 to 2017.15 Clearly, Facilities; Customs and Border Protection overall immigration apprehensions have National Standards on Transport, Escort, been declining, and unaccompanied Detention, and Search; and the Border minor apprehensions represent a very Patrol Policy on Hold Rooms and Short- small portion of overall immigration Term Custody.10 The Flores Agreement set apprehensions. The largest surge of a “nationwide policy for the detention, unaccompanied minors occurred in 2014, The overwhelming release, and treatment of minors in the with 68,631 minors apprehended. Then- majority of custody of INS,” including placing minors in President Barack Obama referred to the unaccompanied the least restrictive settings appropriate to influx as an “urgent humanitarian situation children apprehended their age and needs, as opposed to jail-like requiring a unified and coordinated federal conditions, and stipulating that facilities response,” and the administration moved in Mexico or at the would provide access to drinking water, to increase enforcement; authorize a multi- U.S.-Mexico border food, toilets and sinks, medical assistance, agency response by the departments of are from Guatemala, adequate temperature and ventilation, Homeland Security, Defense, Justice, and Honduras, and contact with family members who were Health and Human Services and the U.S. arrested with the minor, and segregation Agency for International Development; and El Salvador—countries from unrelated adults.11 Yet criticism over partner with Mexico and countries in Central consistently ranked the agency’s compliance with the Flores America to deter unauthorized migration.16 as some of the most Agreement continued; in 2001, an Office While this response led to a decrease in violent nations in of Inspector General (OIG) report found the number of unaccompanied minors and Latin America. “deficiencies with the implementation family units, apprehensions rose again in of policies and procedures developed in 2016 and 2017. As of fiscal year-to-date response to Flores in INS districts, Border 2018 (October 1, 2017-August 31, 2018), Patrol sectors, and at headquarters,” and 45,704 unaccompanied minors on the stated that these problems could “lead to Southwest border have been apprehended.17 potentially serious consequences affecting the well-being of juveniles.”12 On March 1, 2003, through the MEXICO’S CHALLENGES WITH Homeland Security Act of 2002, INS UNACCOMPANIED MINORS FROM was dissolved and the newly created CENTRAL AMERICA Department of Homeland Security (DHS) assumed immigration responsibilities, In Mexico, several laws set the legal with functions under three agencies: U.S. framework for the country’s treatment of Citizenship and Immigration Services (USCIS), NNAs: the National Migration Law of 2011; Customs and Border Protection (CBP), and the Law for Refugees, Complementary Immigration and Customs Enforcement (ICE). Protection, and Political Asylum of 2011; Responsibility for the custody and care of and the Law on the Rights of Boys, Girls, unaccompanied minors was then transferred and Adolescents of 2014, which led to the to the Office of Refugee Resettlement (ORR) creation of the National Comprehensive 18 within the Administration for Children and Child Protection System in 2015. The 2 ALONE AND VULNERABLE: UNACCOMPANIED MINORS IN THE UNITED STATES AND MEXICO

FIGURE 1 — TOTAL U.S. UNDOCUMENTED APPREHENSIONS AND TOTAL UNACCOMPANIED MINOR APPREHENSIONS (2008-2017)

800,000 723,825 700,000

600,000 556,041 486,651 500,000 463,382 420,789 415,816 400,000 364,768 340,252 337,117 310,531 300,000

200,000

100,000 68,631 40,035 59,757 24,481 38,833 41,546 8,401 19,668 18,622 16,067 0 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

Unaccompanied minors Total undocumented apprehensions

SOURCES U.S. Customs and Border Protection; Migration Policy Institute

United Nations High Commissioner for alone with limited options because of their Refugees (UNHCR) and UNICEF hailed lack of knowledge on laws, asylum, or other Mexico’s migration law and the refugee protections that may benefit them. law for including the best interest of the Moreover, in July 2014, partly under child principle.19 Despite these welcomed pressure from the United States to stem developments, various organizations the flow of undocumented immigrants, have found that Mexico’s enforcement the Mexican government announced the of migration and refugee laws does not creation of the Southern Border Program correspond to the reality of how migrants (Plan Frontera Sur), with the purpose are treated during their apprehension and of coordinating with Central American detention as well as the barriers they face countries to address common challenges in terms of access to asylum and other such as migration flows, respect for protections.20 Particularly worrisome is the human rights, security, and socioeconomic small number of minors seeking asylum in development, and to move toward a Mexico. Figure 2 illustrates the number of “modern, efficient, prosperous, and safe” unaccompanied minors detained, returned border.23 Under the initiative, Mexico to their country of origin, and seeking ramped up its enforcement efforts on its asylum.21 UNHCR found that agents at southern border. This led to severe negative Mexico’s National Institute of Migration (INM) consequences for migrants, such as forcing often fail to inform migrant children of their them to seek different routes of entry and right to seek asylum. As the Latin America increasing their vulnerability to extortion Working Group Education Fund states, from criminal entities or immigration and “access to asylum in Mexico is still the police officials in Mexico.24 Since the start exception rather than the rule as it should of the Southern Border Program, Mexico be under law.”22 Unaccompanied minors are has deported more than half a million often left to navigate a frustrating system Central Americans, even surpassing U.S. 3 BAKER INSTITUTE REPORT // 10.09.18

inequality, the presence of transnational FIGURE 2 — UNACCOMPANIED MINORS DETAINED, RETURNED, gangs and criminal organizations, AND SEEKING ASYLUM IN MEXICO (2014-2017) violence, impunity, structural weaknesses in governance, and “few opportunities 25,000 available for growing youth populations.”28 20,368 19,790 Minors leave to flee these conditions. 20,000 17,557 17,318 Crime, insecurity, violence, and economic 15,000 concerns are among their top reasons for 10,943 migrating, followed by a lack of educational 10,000 8,343 7,326 7,103 opportunities, a desire to reunite with family members who have already migrated, the 5,000 role of smuggling networks, perceptions 78 142 242 259 0 of U.S. immigration policy, and a lack of 2014 2015 2016 2017 youth services.29 This is despite the fact that unaccompanied children are vulnerable Minors seeking asylum and their journey is often perilous, posing Unaccompanied minors detained Unaccompanied minors returned risks such as sex trafficking, sexual violence, abuse, kidnapping, extortion, and even 30 SOURCE Migration Policy Unit, Mexican Secretariat of the Interior’s (Secretaría de Gobernación, death. When or if they succeed in leaving SEGOB); and Mexico’s Refugee Commission (COMAR) their countries of origin, apprehension, detention, and mistreatment by immigration officials have become yet further obstacles deportation figures in some years.25 This for unaccompanied minors. The American has also led to worsening conditions for Civil Liberties Union (ACLU) obtained more minors. Apprehensions and deportations of than 30,000 pages of records related unaccompanied minors rose significantly to abuses and neglect of children in CBP under the Southern Border Program; in 2014, custody between 2009 and 2014, including Mexico deported 77 out of every 100 minors, allegations of intimidation, harassment, compared to just three out of 100 for the excessive force, physical and verbal abuse, United States, according to the Migration refusal of medical services, denial of food Policy Institute.26 The next section discusses and water, and improper deportation.31 the various and complex factors on why Similar harsh conditions and abuses have unaccompanied minors are fleeing their been reported in Mexico.32 Under a strained countries of origin. U.S.-Mexico MINORS CAUGHT BETWEEN MEXICO relationship, the WHY MINORS MIGRATE ALONE AND THE UNITED STATES U.S. could face a rise The plight of unaccompanied minors On June 21, 2018, President Donald Trump in undocumented begins in their countries of origin. The declared that “Mexico does nothing for us immigrants at its overwhelming majority of unaccompanied at the border” during a Cabinet meeting southern border. children apprehended in Mexico or at the that addressed illegal immigration along U.S.-Mexico border are from Guatemala, the southern U.S. border.33 That statement Honduras, and El Salvador—countries is unequivocally false. Mexico has taken consistently ranked as some of the most strong border enforcement steps at its violent nations in Latin America. Figures own southern border, to the detriment of from 2017 indicate that El Salvador has migrants and undocumented minors’ rights. a murder rate of 60 per 100,000 people According to the Migration Policy Institute, (a drop from 81.2 per 100,000 in 2016), Mexico’s border enforcement activities followed by Honduras with 42.8 murders contributed to the decrease in child arrivals per 100,000, and Guatemala with 26.1 per at the U.S. border. 34 Trump has failed 100,000.27 Additionally, the three countries to acknowledge this. However, Mexico’s are wracked by poverty, unemployment, collaboration with the U.S. on the detention 4 ALONE AND VULNERABLE: UNACCOMPANIED MINORS IN THE UNITED STATES AND MEXICO

and deportation of undocumented minors undocumented youth and their alleged may be about to change. gang affiliations. The vast majority of On July 1, 2018, voters in Mexico elected a unaccompanied minors and youth left new president, Andrés Manuel López Obrador their countries to flee from gangs, their (AMLO), and it remains to be seen how forced recruitment tactics, and violence in U.S.-Mexico relations will continue in key Central America, not because they are part areas, including migration. During Mexico’s of such organizations. Research conducted second presidential debate in Tijuana, in El Salvador on child migrants deported Mexico, candidates addressed questions from Mexico found that 60 percent of the on undocumented migration, including children listed “crime, gang threats, and unaccompanied minors. López Obrador insecurity as a reason for leaving.”39 While stated that Mexico would not continue doing it is true that gangs such Mara Salvatrucha, the United States’ “dirty work” of stopping also known as MS-13, are present in the Central Americans.35 On September 12, 2018, United States, they represent a very small The New York Times reported that the Trump portion (estimated at 6,000-10,000 administration proposes to divert $20 million members) of the approximately 1.4 million in foreign assistance funds to Mexico in members of roughly 33,000 violent and order to assist in costs related to plane and active gangs in the United States.40 Yet the bus fare to deport up to 17,000 people who Trump administration consistently attempts are in the country illegally.36 In response to to link undocumented immigration with For a strong the media coverage, the outgoing Enrique crime (even though studies show that Peña-Nieto government issued a statement immigrants commit fewer crimes than collaborative saying that Mexico would evaluate the native-born U.S. citizens) and gang ties relationship, the proposal and would continue cooperating and affiliations.41 These allegations, U.S. needs to view with the United States on migration issues.37 particularly in reference to unaccompanied Mexico and Central However, according to The Guardian, the minors, taint the real issue: vulnerable American countries as incoming López Obrador administration has minors who are running from these gangs reportedly rejected the U.S. offer to help fund and are in desperate need of protection. essential partners in deportations, stating that the offer “has not Findings from a national survey of efforts to create best been put on the table in any way.”38 immigration lawyers found that gang practices and solutions Thus, under a strained U.S.-Mexico affiliations among immigrants have been to any future surges relationship, the U.S. could face a rise in increasing.42 Critics argue that the sources undocumented immigrants at its southern and evidence for such allegations, such in undocumented border. That would certainly not help as gang databases, are unreliable43; for migration. detained minors, whose numbers could instance, they may include broad criteria rise quickly, which could spur further such as individuals seen dressing in certain deterioration of their detention conditions. colors, living in certain neighborhoods, For a strong collaborative relationship, or appearing in photographs with gang the U.S. needs to view Mexico and Central members.44 However, on July 30, 2018, American countries as essential partners in U.S. District Judge Dolly M. Gee ruled that efforts to create best practices and solutions the U.S. government cannot hold minors to any future surges in undocumented in secure facilities solely on “reported migration. Minors should be an important gang involvement.”45 This ruling is a step part of those discussions, but under less forward in making sure that the Flores acerbic rhetoric. Agreement is correctly implemented and that immigration detention facilities serve the best interests and well-being of these CONFLATING ISSUES AND unaccompanied minors. RHETORICAL DISTRACTIONS Trump administration officials have also alleged that gang members exploit the Indeed, a particularly worrisome issue to unaccompanied minors program; Attorney be addressed is the Trump administration’s General Jeff Sessions stated on September anti-immigrant rhetoric, particularly on 21, 2017, that MS-13 takes advantage of 5 BAKER INSTITUTE REPORT // 10.09.18

the program to replenish its ranks, for Finally, and broadly speaking, the issue of instance.46 Yet it is important to note that unaccompanied minors should be addressed there are no official statistics on the number jointly by Mexico and the United States, with of unaccompanied minors involved with standardized procedures in both countries gangs.47 Thus, the administration is relying and actions directed at mitigating the reasons on anecdotal evidence, which may not why these unaccompanied minors are be representative of the entire population fleeing their countries. Antagonistic rhetoric of unaccompanied minors. The Office of from the United States toward Mexico, Refugee Resettlement suggested that and the potential new position Mexico only a small proportion of unaccompanied may take under the next administration in minors are affiliated with gangs, based on response to that rhetoric, can only worsen a June 9, 2017, review indicating that only the future of a whole generation of children 35 out of 138 UACs in detention facilities and adolescents—who may be physically were voluntarily involved with gangs. In the and psychologically scarred from negative context of the nearly 2,400 unaccompanied migration and detention experiences, perhaps minors in ORR custody on that date, ORR to the point that they become a regional stated “this means that gang members were problem once they reach adulthood—rather approximately 1.6% of all UAC in care.”48 than provide meaningful solutions for an Utilizing this kind of rhetoric distracts already suffering population. from the need for policies for managing unaccompanied minors that ensure the best If these minors are to interests of the child. ENDNOTES be sent back to their 1. There are different terms that are home countries, great CONCLUSION often used interchangeably as well, such care should be taken as: unaccompanied minors, unaccompanied Unaccompanied minors represent an alien minor, unaccompanied migrants, to ensure that they are increasing number of migrants journeying child migrant, migrant children, separated returned to their rightful to Mexico and the United States. It is clear minors, juvenile asylum seekers, refugee parents or guardians that their needs are different than those children, unaccompanied immigrant under the best of adult undocumented migrants. Their children, unaccompanied juveniles, and detention and safekeeping requires a policy asylum children seekers. See Lilian Chavez conditions possible. with specific principles, such as focusing and Cecilia Menjívar, “Children without on the best interests of the child, as well Borders: A Mapping of the Literature on as specific actions to ensure that they are Unaccompanied Migrant Children to the kept safe and have access to counseling, United States,” Migraciones Internacionales education, and humane treatment while in 5, no. 3 (2010): 71-111; and Amanda government custody. Their physical well- Levinson, Unaccompanied Immigrant being and mental health should be a priority Children: A Growing Phenomenon with Few for all agencies and governments involved in Easy Solutions (Washington, D.C.: Migration their apprehension and detention, and they Policy Institute, January 24, 2011), http:// should be provided with proper information bit.ly/2zRmfkO. and legal counsel when placed in the 2. 6 U.S. Code § 279(g)(2), See http:// judicial system. The immigration system—or bit.ly/2O5HfNp. deterrence mechanisms, such as policies 3. Defined as a national or foreign boy, to separate children from their parents— girl, or adolescent younger than 18 years cannot put at risk the safety of children old who is found to be in national territory who end up in the government’s custody. and is not accompanied by a blood relative If these minors are to be sent back to their or a person who has legal representation. home countries, great care should be taken See Ley de Migración, Article 3, XVIII, to ensure that they are returned to their http://bit.ly/2DXlDyk. rightful parents or guardians under the best 4. Chavez and Menjívar, “Children possible conditions. without Borders,” 73-74. 6 ALONE AND VULNERABLE: UNACCOMPANIED MINORS IN THE UNITED STATES AND MEXICO

5. Daniel J. Steinbock, “The Admission 14. Angelina Chapin, “Drinking Toilet of Unaccompanied Children into the United Water, Widespread Abuse: Report Details States,” Yale Law & Policy Review 7, Issue ‘Torture’ For Child Detainees,” Huffington 1, Article 5 (1989): 140-142. http://bit. Post, July 17, 2018, http://bit.ly/2NluZTV; ly/2E6HGCS. See also Jenny Lisette Flores, et al. vs. 6. Olga Byrne, Unaccompanied Children Jefferson B. Sessions, Attorney General of in the United States: A Literature Review the United States, Case 2:85-cv-04544- (New York: Vera Institute of Justice, April DMG-AGR Document 459-4 Filed 2008), 9, http://bit.ly/2yb2YcQ. 07/16/18, http://bit.ly/2Rp3cVT; Michael 7. Wendy Young, Prison Guard or Garcia Bochenek, In the Freezer: Abusive Parent: INS Treatment of Unaccompanied Conditions for Women and Children in Refugee Children (New York: Women’s U.S. Immigration Holding Cells (New York: Commission for Refugee Women and Human Rights Watch, 2018), http://bit. Children, May 2002), 2, http://bit. ly/2xYDq2C; International Human Rights ly/2IBiqTA. Clinic at the University of Chicago School 8. Jacqueline Bhabha and Susan of Law and American Civil Liberties Union Schmidt, Seeking Asylum Alone: Border Litigation Project, Neglect and Abuse Unaccompanied and Separated Children of Unaccompanied Immigrant Children by and Refugee Protection in the U.S. U.S. Customs and Border Protection (San (Cambridge, MA: Harvard University Diego: ACLU Border Litigation Project, and Committee on Human Rights Studies, Chicago: International Human Rights Clinic, 2006), 187, http://bit.ly/2xYuQ40. University of Chicago, May 2018), http:// 9. William A. Kandel, “Unaccompanied bit.ly/2IBVFyR. Alien Children: An Overview,” Congressional 15. See United States Border Patrol, Research Service Report No. R43599, “Total Illegal Alien Apprehensions By January 18, 2017, http://bit.ly/2zRYyZz; Month - FY 2000-FY 2017,” http://bit. Lazaro Zamora, “Unaccompanied Alien ly/2y0BK8P; United States Border Patrol, Children: A Primer,” Bipartisan Policy “Total Unaccompanied Alien Children (0-17 Center (blog), July 21, 2014, http://bit. Years Old) Apprehensions By Month - FY ly/2O2nZ3z. 2010,” http://bit.ly/2P5XTci; and Marc R. 10. U.S. Senate Committee on the Rosenblum, Unaccompanied Child Migration Judiciary: Hearing on The MS-13 Problem: to the United States: The Tension between Investigating Gang Membership, its Protection and Prevention, (Washington, Nexus to Illegal Immigration, and Federal D.C.: Migration Policy Institute, 2015), 4, Efforts to End the Threat, June 21, 2017, http://bit.ly/2RqnBd9. Washington, D.C. (statement of Carla 16. The White House Office of the Press Provost, acting chief of U.S. Border Patrol). Secretary, “The Obama Administration’s 11. Flores v. Reno Stipulated Settlement Government-Wide Response to Influx Agreement, http://bit.ly/2yhvwkq. of Central American Migrants at the 12. Kandel, “Unaccompanied Alien Southwest Border,” August 1, 2014, http:// Children: An Overview,” 4; Office of bit.ly/2P65mYS; The White House Office the Inspector General, Unaccompanied of the Press Secretary, “Presidential Juveniles in INS Custody, Report no. Memorandum–Response to the Influx of I-2001-009 (Washington, D.C.: Office of Unaccompanied Alien Children Across the the Inspector General, U.S. Department of Southwest Border,” June 2, 2014, http://bit. Justice, 2001), http://bit.ly/2O2H4CG. ly/2QtrZXo. 13. Administration for Children and 17. United States Border Patrol, Families, “Factsheet: Unaccompanied Alien “Southwest Border Apprehensions by Children Program,” June 15, 2018. http:// Sector FY2018,” http://bit.ly/2yezav7. bit.ly/2O6UbTa.

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18. Rodrigo Dominguez-Villegas, 21. Comisión Mexicana de Ayuda a Strengthening Mexico’s Protection of Refugiados, “Estadísticas,” http://bit. Central American Unaccompanied Minors ly/2E67w9I; Unidad de Política Migratoria, in Transit, (Washington, D.C.: Migration “Boletines Estadísticos,” 2014-2017, http:// Policy Institute, 2017), 8, http://bit. bit.ly/2NnW9JG. ly/2OGIXnU. For more information on 22. Human Rights Watch, Closed Mexico’s international and national legal Doors, 48; Daniella Burgi-Palomino and framework and its regulations on the Emma Buckhout, “Does my story matter?” comprehensive protection of boys, girls, Seeking Asylum at Mexico’s Southern and adolescents, see Programa Nacional de Border (Washington, D.C.: Latin America Protección de Niñas, Niños y Adolescentes Working Group Education Fund, 2017), 2, 2016-2018 (PRONAPINNA), 19-22, http:// http://bit.ly/2IENG4e. bit.ly/2RrFMze. 23. See Luis A. Arriola Vega, Mexico’s 19. UNHCR, “UNHCR welcomes new Not-So Comprehensive Southern Border refugee law in Mexico,” January 28, 2011, Plan, Issue brief no. 08.05.16, Rice http://bit.ly/2y0Emnj; UNICEF, Examples University’s Baker Institute for Public of positive developments for the rights Policy, Houston, Texas, http://bit. of children in the context of international ly/2QuHzCd; Secretaría de Gobernación- migration (New York: UNICEF, Committee Coordinación para la Atención Integral de la on the Rights of the Child, 2012), https:// Migración en la Frontera Sur, “Informe de uni.cf/2IEsYBs. For more information on Actividades, julio 2014-julio 2015,” Mexico, the “best interest of a child” principle, 3-4. see United Nations High Commissioner for 24. Tony Payan, The Three U.S.-México Refugees, UNHCR Guidelines on Determining Border Wars, 2nd edition, (West Port, CT: the Best Interests of the Child (Geneva: Praeger Security International, 2016), 97. UNHCR, 2008), http://bit.ly/2O70cPK. 25. James Fredrick, “Mexico Deploys 20. Amnesty International, Overlooked, A Formidable Deportation Force Near Its Under-Protected: Mexico’s Deadly Own Southern Border,” NPR, May 7, 2018, Refoulement of Central Americans Seeking https://n.pr/2OGIOBe. Asylum (London: Amnesty International, 26. Rodrigo Dominguez Villegas and 2018), http://bit.ly/2zRYF7y; Francisca Victoria Rietig, Migrants Deported from the Vigaud-Walsh, Eric Schwartz, and Gabriela United States and Mexico to the Northern Dehesa-Azuara, Putting Lives at Risk: Triangle: A Statistical and Socioeconomic Protection Failures Affecting Honduras Profile, (Washington, D.C.: Migration Policy and Salvadorans Deported from the United Institute, 2015), http://bit.ly/2PbMpUP. States and Mexico (Washington, D.C.: 27. Tristan Clavel, “InSight Crime’s Refugees International, 2018), http://bit. 2017 Homicide Round-Up,” InSight Crime, ly/2PbPwvR; Amnesty International, No January 19, 2018, http://bit.ly/2zS4t0J. Safe Place: Salvadorans, Guatemalans and 28. Peter J. Meyer and Clare Ribando Hondurans seeking asylum in Mexico based Seelke, Central America Regional Security on their sexual orientation and/or gender Initiative: Background and Policy Issues identity (London: Amnesty International, for Congress, R41731 (Washington, D.C.: 2017), http://bit.ly/2DVl2Nu; Eleanor Acer Congressional Research Service, 2015), and B. Shaw Drake, Dangerous Territory: http://bit.ly/2Nn8EFq. Mexico Still not Safe for Refugees (New York 29. Human Rights Watch, Closed Doors, and Washington, D.C.: Human Rights First, 16; Marc R. Rosenblum, Unaccompanied 2017), http://bit.ly/2DXtc7X; and Human Child Migration to the United States, 10-11; Rights Watch, Closed Doors: Mexico’s United States Government Accountability Failure to Protect Central American Refugee Office (GAO), Central America: Information and Migrant Children (New York: Human on Migration of Unaccompanied Children Rights Watch, March 2016), http://bit. from El Salvador, Guatemala, and ly/2IBXBaI. Honduras, GAO-15-362 (Washington, D.C.: GAO, 2015), http://bit.ly/2Nn8EFq. 8 ALONE AND VULNERABLE: UNACCOMPANIED MINORS IN THE UNITED STATES AND MEXICO

30. UNICEF Child Alert, “Broken Dreams: 40. J. Weston Phippen, “What Trump Central American children’s dangerous Doesn't Understand About MS-13,” The journey to the United States,” August 2016, Atlantic, June 26, 2018, http://bit.ly/2NlG1Zl; http://bit.ly/2PaTx3I. Federal Bureau of Investigation, “The MS-13 31. International Human Rights Clinic Threat: A National Assessment,” January 1, at the University of Chicago School of Law 2008, http://bit.ly/2y0P2SB; Terry Frieden, and ACLU Border Litigation Project, Neglect “FBI report: Gang Membership spikes,” CNN, and Abuse of Unaccompanied Immigrant October 21, 2011, https://cnn.it/2y3si4x. Children by U.S. Customs and Border 41. Christopher Ingraham, “Two charts Protection, 2. demolish the notion that immigrants come 32. Consejo Ciudadano del Instituto here illegaly to commit more crime,” Nacional de Migración, “Personas en Washington Post, June 19, 2018, https:// detención migratoria en México: Misión wapo.st/2OATDVc; Tal Kopan, “MS-13 is de Monitoreo de Estaciones Migratorias Trump's public enemy No.1, but should y Estancias Provisionales del Instituto it be?” CNN, April 29, 2017, https://cnn. Nacional de Migración,” July 2017, http:// it/2PfGiyU. bit.ly/2PaU9q2; Human Rights Watch, 42. Laila L. Hlass and Rachel Prandini, Closed Doors. Deportation by Any Means Necessary: 33. White House, “Remarks by How Immigration Officials are Labeling President Trump at Cabinet Meeting,” June Immigrant Youth as Gang Members (San 21, 2018, http://bit.ly/2OA307x. Francisco: Immigrant Legal Resource 34. Rodrigo Dominguez Villegas and Center, 2018), http://bit.ly/2RrKlJS. Victoria Rietig, Migrants Deported from the 43. Zolan Kanno-Youngs and Gerald United States and Mexico to the Northern Porter Jr., “Gang Databases Are the Latest Triangle, 9. Controversial Policing Tool,” The Wall 35. “Segundo Debate Presidencial Street Journal, July 26, 2018, https:// #Elecciones2018,” INETV, streamed live on.wsj.com/2zRAS7J; Jeff Asher, “Gang on May 20, 2018, 1:22:35, http://bit. Stats Aren’t Remotely Reliable, But Voters ly/2Rr4S18. Keep Hearing About Them Anyway,” 36. Gardiner Harris and Julie Hirschfeld FiveThirtyEight, November 3, 2017, Davis, “U.S. Plans to Pay Mexico to Deport https://53eig.ht/2RrKtsQ; James B. Jacobs, Unauthorized Immigrants There,” The New “Gang Databases: Context and Questions,” York Times, September 12, 2018, https:// Criminology & Public Policy 8, no. 4 (2009), nyti.ms/2y2hEeg. http://bit.ly/2NhLoZz. 37. Secretaría de Relaciones Exteriores, 44. Immigrant Legal Resource Center, “El gobierno de México continuará “Testimony for the Record Immigrant con la cooperación en materia de Legal Resource Center Senate Judiciary migración que se tiene con el gobierno Hearing ‘The MS-13 Problem: Investigating de EUA,” September 13, 2018, http://bit. Gang Membership, its Nexus to Illegal ly/2ydVODW. Immigration, and Federal Efforts to End 38. David Agren, “Incoming Mexican the Threat,’” June 21, 2017, http://bit. government rejects U.S. offer to fund ly/2O2VcMe. deportations,” The Guardian, September 14, 45. Richard Gonzalez, “Federal Judge 2018, http://bit.ly/2O2U4bs. Orders Government To Seek Consent Before 39. American Immigration Council, A Medicating Migrant Children,” NPR, July 30, Guide to Children Arriving at the Border: 2018, https://n.pr/2PaIyY4. Laws, Policies, and Responses (Washington, 46. U.S. Department of Justice, D.C.: June 2015, 2, http://bit.ly/2y2i7gw. “Attorney General Sessions Gives Remarks to Federal Law Enforcement in Boston About Transnational Criminal Organizations,” Sept. 21, 2017, http://bit. ly/2NloVe4.

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47. Department of Homeland Security, “Unaccompanied Alien Children and Family Units Are Flooding the Border Because of Catch and Release Loopholes,” February 15, 2018, http://bit.ly/2OEkXBU. 48. Department of Health and Human Services, Administration for Children and Families, Office of Refugee Resettlement, “Information Memo: Community Safety Initiative for the Unaccompanied Alien Children Program,” August 16, 2017, http:// bit.ly/2QsKxqN.

AUTHORS

Pamela Lizette Cruz is the research analyst for the Baker Institute Mexico Center. She works with the director and affiliated scholars to carry out research on Mexico’s policy issues and U.S.-Mexico relations. Her current project focuses on binational institutional development on the U.S.- Mexico border.

Tony Payan, Ph.D., is the Françoise and See more Baker Institute Reports at: Edward Djerejian Fellow for Mexico Studies www.bakerinstitute.org/baker-reports and director of the Mexico Center at the This publication was written by a Baker Institute. Payan’s research focuses researcher (or researchers) who primarily on border studies, particularly participated in a Baker Institute project. the U.S.-Mexico border. His work includes Wherever feasible, this research is studies of border governance, border flows reviewed by outside experts before it is and immigration, as well as border security released. However, the views expressed herein are those of the individual and organized crime. author(s), and do not necessarily represent the views of Rice University’s Baker Institute for Public Policy.

This material may be quoted or reproduced without prior permission, provided appropriate credit is given to the author and Rice University’s Baker Institute for Public Policy.

Cite as: Cruz, Pamela L., and Tony Payan. 2018. Alone and Vulnerable: Unaccompanied Minors in the United States and Mexico. Baker Institute Report no. 10.09.18. Rice University’s Baker Institute for Public Policy, Houston, Texas.