Juvenile Repatriation Practices at Border
Patrol Sectors on the Southwest Border
Report Number I-2001-010
September 2001

INS MANAGEMENT'S RESPONSE

U.S. Department of Justice Immigration and Naturalization Service

HQOIA 110/8.2-C

MEMORANDUM FOR:	Mary W. Demory Assistant Inspector General for Evaluations and Inspections Department of Justice
FROM:	James W. Ziglar Commissioner Immigration and Naturalization Service
SUBJECT:	Juvenile Repatriation Practices at Border Patrol Sectors on the Southwest Border A- 2001-009-S

I appreciate the opportunity to comment on the subject report and solicited input from the senior management official who is most significantly impacted, the Executive Associate Commissioner for Field Operations. I reviewed the response and concur with the conclusions and observations.

The Border Patrol is committed to correcting the problems noted in the E1 Centro Sector concerning prompt repatriation of juveniles. Similarly, the Immigration and Naturalization Service is aggressively improving the policy and procedures associated with the care and safeguarding of minors in Service custody. Your recommendations for additional improvements are being implemented as fast as the new policy and procedures can be approved and additional staff is available to ensure a sound infrastructure.

If you have any questions, please contact Kathleen Stanley, Audit Liaison, at (202) 514-8800.

Attachment

cc:  Vickie L. Sloan, DOJ Audit Liaison

U.S. Department of Justice Immigration and Naturalization Service

HQBOR 110/8.2-C

MEMORANDUM FOR:	THE COMMISSIONER
FROM:	Michael A. Pearson Executive Associate Commissioner Office of Field Operations
SUBJECT:	Juvenile Repatriation Practices at Border Patrol Sectors on the Southwest Border, Inspection Number A- 2001-009-S

The Office of Field Operations has reviewed the Office of Inspector General's (OIG) report on juvenile repatriation. This report generally agrees that the U.S. Border Patrol is doing an excellent job in the area of juvenile repatriation. The report addresses the difficult task confronting the Immigration and Naturalization Service (INS) with juvenile repatriation. It states that in fiscal year 2000 the Border Patrol apprehended 94,873 accompanied and unaccompanied Mexican juveniles who were repatriated.

The OIG reported there are nine Border Patrol sectors consisting of 72 stations along the Southwest Border. During March, April, and May of 2001, these sectors apprehended 31,360 juveniles. This total included 29,714 Mexican juveniles, the overwhelming majority of whom were voluntarily returned to Mexico. During this same period, the E1 Centro Sector repatriated 591 unaccompanied Mexican juveniles to Mexico. The OIG reports that 42 of these juveniles were not promptly repatriated. The reason these 42 juveniles were not returned promptly relates to a local bi-national agreement that restricts the repatriation of Mexican juveniles over weekends.

RECOMMENDATION 01: Work with the Mexican Consulate to promptly repatriate juveniles.

INS RESPONSE concur: The E1 Centro Sector concurs and agrees to consult in meetings with the Mexican Consulate, Calexico, California in an attempt to bring a resolution to the timely repatriation of juvenile issues. The E1 Centro Border Patrol will report its progress through Western Region to Headquarters Border Patrol by December 1,2001. If a resolution has not been reached, Headquarters Border Patrol through the Office of Internationals Affairs will ask the State Department for assistance in resolving this matter.

RECOMMENDATION 02: Develop detention options for juveniles who cannot be repatriated within 24 hours.

INS RESPONSE concur: Currently the Western Regional Border Patrol and the E1 Centro Sector are seeking through the Western Regional Office of Detention and Removal (D&R), assistance in providing an adequate and approved juvenile detention facility. We anticipate a resolution by March 1, 2002. As an alternative, E1 Centro and Western Regional Border Patrol have identified juvenile bed spacing in San Diego through Alien Detention and Removal (ADR). This solution of using San Diego, however, would cause an administrative burden.

RECOMMENDATION 03: Update and consolidate all El Centro Sector juvenile repatriation policies into a single document. Ensure that this policy complies with all formal agreements with the Mexican Consulate.

INS RESPONSE concur: The El Centro Sector concurs and by November 1, 2001 will have consolidated its repatriation policy into a single document, to include all formal agreements with the Mexican Consulate.

RECOMMENDATION 04: Establish procedures to ensure proper completion of unaccompanied Mexican juvenile repatriation records, including the time and day that the juvenile is repatriated.

INS RESPONSE concur: The E1 Centro Sector concurs and by October 1, 2001, will make the necessary changes on its juvenile manifest log to include time and date of repatriation.

RECOMMENDATION 05: Require the stations and sector to document and report all repatriation issues to the Western Region.

INS RESPONSE concur: The El Centro Sector concurs and by October 1, 2001 will report repatriation issues (those issues identified as problems) up through the stations, Sector, to Region.

RECOMMENDATION 06: Develop detention options for juveniles that cannot be repatriated within 24 hours at all Border Patrol Sectors across the Southwest Border.

INS RESPONSE concur: INS' Juvenile Affairs Division will work with INS' Border Patrol to identify "housing" options for juveniles who cannot be repatriated within 24 hours at all Border Patrol Sectors across the Southwest Border. This activity will be completed by October 2002.

RECOMMENDATION 07: Provide guidance to the Border Patrol regarding the detention and repatriation of unaccompanied Mexican juveniles. This guidance should indicate when notification of the Juvenile Program is required.

INS RESPONSE concur: The INS concurs and by March 1, 2002 will determine how to develop and transmit this guidance to the field.

If you have any questions, please call J. Thomas King at 202-514-1109, or John W. Lotz, at 202-616-7028.