McALLEN, Texas (AP) — The Trump administration has implemented a new policy that requires parents seeking to reunite with their children who entered the U.S. alone to attend interviews with immigration officers, according to a policy memo acquired by The Associated Press.
Legal advocacy groups claim this change has resulted in some parents being arrested while their children remain detained in the U.S. The U.S. Department of Homeland Security did not confirm these claims or provide details about the July 9 directive, instead highlighting the Biden administration’s difficulties in effectively vetting and supervising homes where children were placed.
The directive was issued by the Office of Refugee Resettlement, a component of the U.S. Health and Human Services Department responsible for the care of unaccompanied minors at the border. The agency’s intention is to ensure thorough vetting of sponsors, usually a parent or guardian.
According to the memo, sponsors now have to physically appear for identity verification instead of just submitting documents online. It also states that “federal law enforcement agencies may be present to meet their own mission objectives, which may include interviewing sponsors.”
Neha Desai, leading human rights at the National Center for Youth Law, stated that the policy gives U.S. Immigration and Customs Enforcement a “built-in opportunity” to arrest parents and claims this has already occurred.
Mary Miller Flowers, policy and legislative affairs director for the Young Center for Immigrant Children’s Rights, mentioned a specific case where immigration officials detained the father of a child under 12 during an identity verification process. “As a result, mom is terrified of coming forward. And so, this child is stuck,” Miller Flowers said.
Desai also said the interviews are unlikely to produce information authorities don’t already have. Vetting already included home studies and background checks done by Office of Refugee Resettlement staff, not immigration enforcement.
The Office of Refugee Resettlement said it communicates “clearly and proactively” with parents, telling them they may be interviewed by ICE or other law enforcement officials. It said parents can decline to be interviewed by ICE and that refusal won’t influence decisions about whether their children will be released to them.
“The goal is to ensure that every child is released to a stable and safe environment and fully vetted sponsors by ensuring the potential sponsor is the same individual submitting supporting documentation, including valid ID,” it said in a statement.
However, Desai is aware of a situation in which a sponsor was not notified and only able to decline after pushing back.
“We know of sponsors who are deeply, deeply fearful because of this interview, but some are still willing to go forward given their determination to get their children out of custody,” she said.
Trump administration points to Biden
Tricia McLaughlin, a Homeland Security spokesperson, issued a statement that did not address any arrests or mention the specific changes. Instead, she said the department is looking to protect children who were released under President Joe Biden’s administration.
A federal watchdog report released last year addressed the Biden’s administration struggles during an increase in migrant children arriving at the U.S.-Mexico border in 2021. The Trump administration has dispatched Homeland Security and FBI agents to visit the children.
Another recent change allows ICE to interview children while they are at government-run shelters. That took effect July 2, according to a separate directive that the Office of Refugee Resettlement sent to shelters, also obtained by the AP.
The agency said it provides legal counsel to children and that its staff does not participate in interviews with law enforcement. Child legal advocates say they get as little as one-hour notice of the interviews, and that the children often don’t understand the purpose of the interview or are misled by officers.
“If we don’t understand what the interview is for or where the information is going, are we really consenting to this process?” said Miller Flowers, with the Young Center.
Jennifer Podkul, chief of global policy at Kids in Need of Defense, said some officers lack language skills, trauma-informed interviewing techniques and knowledge of the reunification process.
“It seems like it’s designed just to cast the net wider on immigration enforcement against adults,” she said.
String of policy changes adding hurdles to reunification process
The July changes are among a series of steps the Trump administration has taken to ramp up vetting of parents seeking to reunite with children.
The administration has required fingerprinting from sponsors and any adults living in the home where children are released. It has also required identification or proof of income that only those legally present in the U.S. could acquire, as well as introducing DNA testing and home visits by immigration officers.
Children have been spending more time in government-run shelters under increased vetting. The average length of stay for those released was 171 days in July, down from a peak of 217 days in April but well above 37 days in January, when Trump took office.
About 2,000 unaccompanied children were in government custody in July.
Shaina Aber, an executive director of the Acacia Center for Justice analyzing child custody data, attributes the longer custody times to the policy changes.
“The agency’s mission has been conflated and entangled,” she added. “It seems ORR’s mission has been somewhat compromised in that they are now doing more on the immigration enforcement side, and they’re not an immigration enforcement entity.”
