Issued
on: April 4, 2018
WHAT: A very
small percentage of the Unaccompanied Alien Children (UAC) who illegally enter
the United States each year are ultimately removed.
Tens of
thousands of UAC are released into the interior of the United States each year,
including more than 107,000 since fiscal year (FY) 2016. Only about 3.5 percent
of unaccompanied minors apprehended at the border, however, have been removed.
Putting into
perspective how relatively few removals take place each year, U.S. Immigration
and Customs Enforcement (ICE) removed only 3,598 UAC during FY 2017, while
41,435 UAC were apprehended by U.S. Border Patrol.
WHY: Loopholes
in our immigration laws hinder immigration enforcement efforts, allowing UAC to
enter and remain in the United States while effectively avoiding removal.
In staying
true to his oath of office, President Trump and his Administration are
responsibly enforcing our immigration laws, including by executing immigration
enforcement actions to the fullest extent under the law. Legal loopholes,
however, continue to hamstring efforts to enforce our immigration laws and
secure our border, ultimately resulting in catch and release.
Catch and release
practices have enabled the vast majority of UAC who enter the United States
each year to avoid removal. Currently, based on a consent decree in a court
case from roughly twenty years ago, the Department of Homeland Security (DHS)
can only detain UAC for a maximum of 20 days combined. All UAC must be promptly
transferred to the Department of Health and Human Services (HHS) for
reunification with sponsors in the interior of the United States. Further,
current Federal law prevents UAC who are not from Canada or Mexico from being
promptly returned to their home countries. UAC are unlikely to appear in court
for removal hearings once released, and as a result they generally go on to
remain in the country.
For years,
catch and release has enabled tens of thousands of UAC to enter and remain in
the United States. It is time to close the loopholes and ensure Federal
authorities are empowered to fairly and effectively carry out immigration
enforcement efforts.