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Unaccompanied Juveniles in INS Custody
Report Number I-2001-009
September 28, 2001


Chapter II: Compliance With Policies and Procedures

  1. The INS should include and enforce standards in all contracts with secure detention facilities that require the segregation of non-delinquent INS juveniles from delinquent juveniles. These standards should provide for strict segregation in living quarters and no more than minimal contact in all other common areas. The facilities should be required to immediately notify the INS if they cannot meet this requirement so the INS can take immediate corrective action.

  2. The INS should implement procedures that ensure weekly visits with all juveniles in custody and to all juvenile housing facilities. The procedures should establish clear descriptions of the content of the visits and documentation requirements. The INS should delegate authority to appropriately trained staff to assist district juvenile coordinators in complying with the weekly visitation requirements.

  3. The INS should implement procedures that require same-sex escort of juveniles. If same-sex escorts are not possible, procedures for appropriate alternative safeguards for juveniles should be followed.

  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.

  5. 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.

  6. The INS should implement specific rules that govern the use of restraints on juveniles in the custody of INS officers, in shelter facilities, and in secure facilities. The INS should implement procedures to monitor compliance.

  7. The INS should revise its policy regarding telephone use by juveniles to ensure juveniles without funds are able to make appropriate telephone calls and juveniles are permitted access to telephones that at least meet the minimum requirements.

  8. The INS should implement procedures that require the monitoring and regular reporting of instances of non-compliance with the 3-to-5-day placement requirement. These procedures should include the reporting of justifications for the overdue placements.

Chapter III: Program Oversight

  1. The INS should require districts to designate and train back-up juvenile coordinators.

  2. The INS should re-emphasize to all INS officers the requirement to immediately notify the district juvenile coordinators of all placements and movement of juveniles and to complete and forward all required documentation to the district juvenile coordinators.

  3. The INS should provide a list of all approved juvenile housing facilities to the districts and Border Patrol sectors with the stipulation that no juveniles are to be placed in a facility without the prior notification of the juvenile coordinator.

  4. The INS should identify all juvenile housing facilities now being used by the districts and Border Patrol sectors to house juveniles.

  5. Each Border Patrol sector should designate a coordinator for juvenile issues to ensure timely liaison with the district juvenile coordinators.

  6. Districts with a large volume of juvenile activity should provide administrative support to the district juvenile coordinator.

  7. The INS should implement contract compliance procedures to ensure contracted facilities comply with their contractual responsibilities.

  8. The INS should establish regular communications at the district level with volunteer agencies, shelter staff, and legal service providers to identify and resolve juvenile detention issues.

  9. The INS should develop a national plan for assessing its needs for secure, medium-secure, and non-secure bed space and acquiring the needed additional beds.

  10. The INS should implement procedures that require at least quarterly reporting of instances of non-delinquent juveniles placed in secure detention. The procedures should include the duration of stay in secure detention for each instance.

  11. The INS should implement procedures that require regional juvenile coordinators to at least quarterly monitor, document, and report juvenile housing facility inspections to headquarters.

  12. The INS should implement procedures to collect, track, analyze, and report significant incident reports involving juveniles.

  13. The INS should regularly review JAMS and DACS to ensure the basic identifying data in both systems match and is accurate.

  14. The INS should revise the Juvenile Protocol Manual to incorporate changes in juvenile policy or procedures and disseminate the revised manual to all field offices.

  15. The INS should revise the definition of what constitutes an influx condition, provide guidance for when the use of the INFLUX code is justified for placing non-delinquent juveniles in secure detention, and monitor to ensure that INFLUX is not inappropriately used as a reason for placing non-delinquent juveniles in secure detention.

  16. The INS should include the Juvenile Program in its INSPECT reviews to monitor compliance.

  17. 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.

Chapter IV: Related Processes

  1. The INS should allow district directors discretion in releasing juveniles to a responsible sponsor if a parent is unwilling to come forward and the INS should provide appropriate guidance to control discretionary release.

  2. The INS should evaluate the home assessment process and implement changes to streamline the process.

  3. The INS should confer with EOIR to implement procedures to facilitate timely immigration hearings for juveniles and to improve juvenile attendance at immigration hearings.