A0002_RFP Only-Attachment 04 - JFRMU Handbook.PDF

Juvenile and Family Residential Management Unit Field Office Juvenile Coordinator Handbook

Enforcement and Removal Operations

N O V E M B E R 2 0 2 1

W E L C O M E

How to Use This Handbook

Th is handbook i s des igned to he lp you qu ick ly locate informat ion you need to perform your FOJC dut ies.

P lease take a few moments to rev iew the fo l lowing gu idance on how to nav igate th i s in teract ive F ie ld Off ice Juven i le Coord inator Handbook.

• Words that are blue and under l ined l ink to an externa l webs i te, or e-mai l wi th in th i s handbook. So, you must have an In ternet connect ion to access these l inks.

• Bold under l ined b lack words wi th in the text l ink wi th in the document .

• Scro l l or hover over words that are orange to see what an acronym stands for, or to learn the name of an important form.

A l l of th i s means the handbook i s more usefu l in d ig i ta l form. The Tab le of Contents, G lossary, and Resources pages are a l so in teract ive, des igned to he lp you t rack down spec i f ic in format ion wi th the c l ick of a but ton i f you are us ing the d ig i ta l vers ion .

Th is handbook was deve loped by the Juven i le and Fami ly Res ident ia l Management Un i t ( JFRMU ) , Enforcement and Removal Operat ions (ERO ) as an operat iona l gu ide for F ie ld Off ice Juven i le Coord inators (FOJC) .

Th i s handbook gu ides ERO s taf f in process ing , t ransport ing , manag ing , and removing minors encountered by the Department of Homeland Secur i ty (DHS ) . I t i s based on cur rent U.S.

Immigrat ion and Customs Enforcement ( ICE ) po l ic ies and procedures and wi l l ass i s t ERO employees in adher ing to leg is lat ive mandates, regu lat ions, and court orders when encounter ing minors and unaccompan ied a l ien ch i ld ( ren ) (UAC) .

Th i s handbook refers to cur rent po l ic ies, f ie ld gu idance, and best pract ices. As there may be amendments or updates to cur rent po l ic ies or memorandums, a lways refer to the most cur rent document . Each f ie ld off ice may have geograph ic or operat iona l var iances that requ i re a l terat ions to cer ta in best pract ices;

ensure a l l such adjustments comply wi th the F lores Set t lement Agreement , the Wil l iam Wi lberforce Traf f ick ing Vict ims Protect ion Reauthor izat ion Act of 2008 (TVPRA) , and app l icab le court orders, and rece ive concurrence f rom your respect ive cha in of command.

F ina l ly, th i s handbook i s an in terna l product of ICE . Th i s document prov ides on ly in terna l ICE po l icy gu idance, wh ich may be modi f ied, resc inded, or superseded at any t ime wi thout not ice. I t i s not in tended to, does not , and may not be re l ied upon to create or d imin i sh any r ights, substant ive or procedura l, enforceab le by law or equ i ty by any par ty in any cr imina l, c iv i l , or admin i s t rat ive matter. L ikewise, no l im i tat ions are p laced by th i s gu idance on the otherwise lawfu l enforcement or l i t igat ive prerogat ives of ICE .

Corey A. Pr ice Execut ive Assoc iate Di rector

F O R E W O R D https://icegov.sharepoint.com/sites/insight/ero/ndm/Pages/jfrmu.aspx https://insight.ice.dhs.gov/ERO/Pages/index.aspx https://www.dhs.gov/ https://www.ice.gov/ https://urldefense.us/v3/__https:/icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/150821-flores.pdf*search=Flores*20v*20meese*20agreement__;IyUlJQ!!BClRuOV5cvtbuNI!XEzM9IQVRmOZ8Lt9o7vDZBlUn51S3bBKfop0Zyblcn5y5FOA3Cz_tWkj7Bjsj35S0hSRtg$ https://urldefense.us/v3/__https:/icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/150821-flores.pdf*search=Flores*20v*20meese*20agreement__;IyUlJQ!!BClRuOV5cvtbuNI!XEzM9IQVRmOZ8Lt9o7vDZBlUn51S3bBKfop0Zyblcn5y5FOA3Cz_tWkj7Bjsj35S0hSRtg$ https://icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/TVPRA_2008_Senate-House-Bill.pdf https://icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/TVPRA_2008_Senate-House-Bill.pdf

T A B L E O F C O N T E N T S

1. Introduction to JFRMU

1.3.1 Screening

1.3.2 UAC Processing Timelines

1.3.3 ERO Responsibilities

2 Legislation and Judicial Matters

2.4 Trafficking Victims Protection

Reauthorization Act

2.5 Violence Against Women Act

Reauthorization of 2013

2.6 The Prison Rape Elimination Act

(PREA) of 2003

2.6.1 Allegations of Sexual Abuse and

Assault

2.6.2 PREA Reporting for Individuals

with Disabilities or Limited English Proficiency (LEP)

3. Operational Requirements

3.1 Processing a UAC

3.1.1 Apprehension at the Border

3.1.1.1 CBP Voluntary Return following

Apprehension at the Border

3.1.2 Age Determination Procedures

3.1.3 Screening of a UAC

3.1.3.1 Form CBP-93

3.1.3.2 Form I-770 Notice of Rights and

Request for Disposition

3.1.4 Screening of ICE Apprehended UAC:

Human Trafficking

3.1.5 HSI Operations Referrals

3.1.6 Minors Who Surrender Themselves

to Law Enforcement

3.1.7 Child Protective Services

3.1.8 Operations of ERO Staging/Holding

Areas

3.1.8.1 Monitoring Minors within Hold

Rooms

3.1.8.2 Sexual Abuse and Assault

Prevention and Intervention

3.1.8.3 Separation of Minors by Age, Gender, and Criminality

3.1.8.4 Minors with Special Needs

3.1.8.5 Temporary Housing (Custody

Determination or Placement Pending after 12 Hours)

3.1.8.6 Searches

3.1.9 Meals and Snacks During

Transport

3.1.10 Reunification Before ORR

Transfer

3.1.11 Request for ORR Placement

3.1.11.1 Criminality Information and

Documents

3.1.11.2 Medical Documents

3.1.12 ERO Required Transportation

Notifications

3.1.13 Transportation Request

3.1.14 Transport Documents

3.1.15 Escort Requirements

3.1.16 Requirements for Transfer of

Custody to ORR

3.1.17 Medical Screening and

Medications

T A B L E O F C O N T E N T S

3.1.18 Money, Valuables, and Other Personal

Property

3.1.19 Driving Hours

3.1.20 Use of Restraints

3.1.20.1 Use of Restraints while

Transferring Minors on ICE Air Fligts

3.1.21 Contractor-Led Transport

3.1.22 Transport to ICE Air Operations

Flight Line

3.1.23 Emergency Situations

3.2 Case Management

3.2.1 Book-In Procedures

3.2.2 Book-Out Procedures

3.2.4 Reviewing Charging Documents

3.2.5 Docket Management

3.3 Age-Outs

3.3.1 Overview of VAWA 2013

3.3.1.1 Top 10 Dos and Don’ts

3.3.2 How to Make a Custody

Determination under VAWA 2013...61

3.3.2.1 Step 1: Analyze Statutory Risk

Factors

3.3.2.2 Step 2: What Placement

Alternatives Are Available?

3.3.2.3 Step 3: Determine and Consider

the Least Restrictive Setting Available

3.3.3 Risk Classification Assessment

(RCA) Tool

3.3.4 Timing: When to Start and When to

Stop

3.3.5 JFRMU Concurrence

3.3.6 Documenting Your Decision –

When, Where, and How

3.3.7 Putting it All Together: Process

Overview

3.3.8 Best Practices

3.3.9 Documenting Your Decision –

When, Where, and How

3.3.10 Putting it All Together: Process

Overview

3.3.11 Best Practices

3.4 Removals and Returns

3.4.1 Electronic Nationality Verification

3.5 Specific Case Scenarios

3.5.1 Law Enforcement Agency

Referrals

3.5.2 Interior ERO Apprehensions

3.5.3 UAC with Convictions

3.5.4 Sponsorship Breakdown after ORR

Release

3.5.5 Non-UAC Minors with Status

3.5.6 Accompanied Minors Who Are

Delinquent or Are Chargeable as Delinquent

3.5.7 Accompanied Minors and Notice of

Rights to Bond Redetermination

3.5.8 Emancipated Minors

3.5.9 Married UAC

3.5.10 ORR Runaway Cases

3.5.11 Special Immigrant Juvenile Status...89

3.6 Collection of Biometrics for UAC who

turn 14 while in ORR Custody

4 External Relations

5 Points of Contact

G L O S S A R Y

Accompanied Alien Child: A non-citizen juvenile who is encountered and who has a parent or legal guardian available to provide care and physical custody.

Adult: Any person 18 years of age or older.

Alien: Any person who is not a United States citizen or national.

Contraband: Any item that aliens are not authorized to have in his or her possession while in the custody of ICE.

Detainee: Any alien booked into an ICE detention facility.

Escort: An officer or contracted transportation specialist who accompanies any person who has been arrested and/or detained under the authorities of ERO during transport or movement.

Exigent Circumstances: A situation requiring unusual or immediate action or aid and that may require ERO officers to circumvent usual procedures (e.g., to prevent imminent danger to life or safety of an officer, the alien or other detainee, or the public; serious damage to property; to forestall the immi-nent escape of a person in custody; or destruction of evidence).

Family Unit: An adult alien parent or legal guardian accompanied by their own juvenile alien child(ren).

Flight Risk: An alien whom the officer believes may avoid immigration court proceedings and attempt to flee from ICE custody after arrest or in any form of detention, if he or she is not otherwise prevented from doing so.

Full Restraints: ICE-approved handcuffs, waist/belly chain, and leg irons.

Immigration Officer: An employee of the Department of Homeland Se-curity designated as an immigration officer who is authorized to exercise the powers and duties of such officers as specified by the Act (e.g., Border Patrol Agent, Deportation Officer, Special Agent, Customs and Border Pro-tection (CBP) Officer).1

1 8 CFR § 1.2

For the purpose of th i s doc-ument , “minors” refers to a l l ind iv idua ls under the age of 18, to inc lude both unaccom-pan ied a l ien ch i ld ren (UAC ) and minors accompan ied by the i r parent and/or lega l guard ian . Minors, ch i ld ren , and juven i les are used syn-onymous ly. “UAC” i s refer-enced wherever process ing requ i rements are spec i f ic to them.

N O T E

Juvenile: Any person who has not reached 18 years of age.

Minor: Minor means any alien who has not attained 18 years of age and has not been (1) emancipated in an appropriate state judicial proceeding; or (2) incarcerated due to a conviction for a criminal offense in which he or she was tried as an adult. A minor may also meet the definition of “unaccompanied alien child.”

Pat-down Search: When an officer inspects an alien using his or her hands. The inspector uses his or her sense of touch when patting or running the hands over the clothed alien’s body. It is considered the least intrusive of the body searches and should be conducted by a staff member of the same gender. At least one witness will observe if an opposite-gender officer search is necessary. A pat-down does not require the alien to remove clothing, although the inspection includes a search of the alien’s clothing and personal effects.

Search: An inspection of the alien’s person and property for contraband in order to maintain good order and security.

Secure Facilities: Facilities for minors requiring the strictest level of supervision. These facilities have secure perimeters and other features and procedures similar to correctional facilities.

Staff Secure Facilities: Facilities that provide a heightened level of staff supervision, increased communication, and services to control problem behavior or prevent escape.

Tender Age: Any juvenile alien under 10 years of age.

Transport: Using a vehicle to move any person arrested or detained.

Unaccompanied Alien Child: A minor who has no lawful immigration status in the United States, has not at-tained 18 years of age, and has no parent or legal guardian in the United States, or no parent or legal guard-ian in the United States who is available to provide care and physical custody.2

Weapon: Any object, item, or device that may be used to cause physical injury, incapacitate, or diminish a person’s capability, either temporarily or permanently.

2 https://www.dhs.gov/sites/default/files/publications/hr_5005_enr.pdf

G L O S S A R Y https://www.dhs.gov/sites/default/files/publications/hr_5005_enr.pdf

L I S T O F A C R O N Y M S

A C R O N Y M S

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R E S O U R C E S

JFRMU

JFRMU E-mail: JFRMU@ice.dhs.gov

UAC Initial Placement Referral Form If UAC Portal is unavailable, the UAC Initial Placement Referral Form is located here on the JFRMU intranet: https://icegov.

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ORR

ORR Intakes: orrducs_intakes@acf.hhs.gov (send with read receipt) Phone: (202) 401-5709 Fax: (202) 401-1022 Placement hours: 9:00 a.m. – 9:00 p.m. EST. After hours place-ment in emergency or tender age situations.

Legal Authorities

mailto:JFRMU%40ice.dhs.gov?subject= https://icegov.sharepoint.com/:w:/r/sites/insight/ero/ndm/_layouts/15/Doc.aspx?sourcedoc=%7BE8FA3BE3-6035-41BD-A582-44CBCE89C9CD%7D&file=UACInitialPlacementForm.docx&action=default&mobileredirect=true&DefaultItemOpen=1 https://icegov.sharepoint.com/:w:/r/sites/insight/ero/ndm/_layouts/15/Doc.aspx?sourcedoc=%7BE8FA3BE3-6035-41BD-A582-44CBCE89C9CD%7D&file=UACInitialPlacementForm.docx&action=default&mobileredirect=true&DefaultItemOpen=1 https://icegov.sharepoint.com/:w:/r/sites/insight/ero/ndm/_layouts/15/Doc.aspx?sourcedoc=%7BE8FA3BE3-6035-41BD-A582-44CBCE89C9CD%7D&file=UACInitialPlacementForm.docx&action=default&mobileredirect=true&DefaultItemOpen=1 https://icegov.sharepoint.com/:w:/r/sites/insight/ero/ndm/_layouts/15/Doc.aspx?sourcedoc=%7BE8FA3BE3-6035-41BD-A582-44CBCE89C9CD%7D&file=UACInitialPlacementForm.docx&action=default&mobileredirect=true&DefaultItemOpen=1 https://icegov.sharepoint.com/:w:/r/sites/insight/ero/ndm/_layouts/15/Doc.aspx?sourcedoc=%7BE8FA3BE3-6035-41BD-A582-44CBCE89C9CD%7D&file=UACInitialPlacementForm.docx&action=default&mobileredirect=true&DefaultItemOpen=1 mailto:orrducs_intakes%40acf.hhs.gov?subject= https://www.gpo.gov/fdsys/pkg/CFR-2012-title8-vol1/pdf/CFR-2012-title8-vol1-part208.pdf https://www.gpo.gov/fdsys/pkg/CFR-2008-title8-vol1/pdf/CFR-2008-title8-vol1-sec1208-6.pdf https://www.gpo.gov/fdsys/pkg/CFR-2011-title8-vol1/pdf/CFR-2011-title8-vol1-sec236-3.pdf https://www.gpo.gov/fdsys/pkg/CFR-2012-title8-vol1/pdf/CFR-2012-title8-vol1-sec1-2.pdf https://www.gpo.gov/fdsys/pkg/USCODE-2011-title8/pdf/USCODE-2011-title8-chap12-subchapII-partIV-sec1232.pdf https://urldefense.us/v3/__https:/icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/150821-flores.pdf*search=Flores*20v*20meese*20agreement__;IyUlJQ!!BClRuOV5cvtbuNI!XEzM9IQVRmOZ8Lt9o7vDZBlUn51S3bBKfop0Zyblcn5y5FOA3Cz_tWkj7Bjsj35S0hSRtg$ https://cdn.ca9.uscourts.gov/datastore/opinions/2016/07/06/15-56434.pdf https://icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/hr-5005-hsa.pdf

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Legal Authorities (continued)

manent injunction ordered)

ERO Broadcasts, Field Guidance, Policies, Manuals/Handbooks

Homeland Security, Immigration and Customs Enforcement, Office of Enforcement and Removal Operations, February 4, 2016.

Enforcement and Removal Operations, March 21, 2015.

6. Broadcast: Unaccompanied Alien Children (UAC) Book-ins, Department of Homeland Security, Immigration and Customs Enforce-ment, Office of Enforcement and Removal Operations, July 23, 2015.

2012ield Guidance, Policies, Manuals/

9. Field Guidance for the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) & Violence Against

Women Reauthorization Act of 2013 (VAWA), § E, Department of Homeland Security, Immigration and Customs Enforcement, Office of Enforcement and Removal Operations, January 13, 2016.

https://www.gpo.gov/fdsys/pkg/STATUTE-66/pdf/STATUTE-66-Pg163.pdf https://icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/Perez-Funez-vs-District-Dir.pdf https://www.clearinghouse.net/chDocs/public/IM-CA-0036-0001.pdf https://www.clearinghouse.net/chDocs/public/IM-CA-0036-0001.pdf https://www.gpo.gov/fdsys/pkg/PLAW-108publ79/pdf/PLAW-108publ79.pdf https://www.gpo.gov/fdsys/pkg/FR-2014-03-07/pdf/2014-04675.pdf https://icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/TVPRA_2008_Senate-House-Bill.pdf https://www.gpo.gov/fdsys/pkg/PLAW-113publ4/pdf/PLAW-113publ4.pdf https://icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/70-070.pdf https://icegov.sharepoint.com/sites/insight/ero/policy/broadcasts/BroadcastMessages/FY14/14061011 Interim Guidance Regarding the Use of Restraints While Transferring Juveniles on ICE Air Flights.msg https://icegov.sharepoint.com/sites/insight/ero/policy/broadcasts/BroadcastMessages/FY16/Screening of Unaccompanied Alien Children (UAC) Apprehended by ICE for Human Trafficking Indicators.msg https://icegov.sharepoint.com/sites/insight/ero/policy/broadcasts/BroadcastMessages/FY16/Screening of Unaccompanied Alien Children (UAC) Apprehended by ICE for Human Trafficking Indicators.msg https://icegov.sharepoint.com/sites/insight/ero/policy/broadcasts/BroadcastMessages/FY14/Tracking ORR Runaway Cases.msg https://icegov.sharepoint.com/sites/insight/ero/policy/broadcasts/BroadcastMessages/FY15/UAC Shelter Book Out Procedures.msg https://icegov.sharepoint.com/sites/insight/ero/policy/broadcasts/BroadcastMessages/FY15/UAC Shelter Book Out Procedures.msg https://icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/directingUacBookins.pdf#search=%28UAC%29%20Book%2Dins https://icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/directingUacBookins.pdf#search=%28UAC%29%20Book%2Dins https://icegov.sharepoint.com/sites/insight/ero/policy/broadcasts/BroadcastMessages/FY16/16089039 Service of the Notice to Appear (NTA) on Unaccompanied Alien Children (UAC) (34).msg https://icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/ice-ero-deferred-action-childhood-arrivals-checklist.pdf#search=ERO%20Deferred%20Action%20for%20Childhood%20arrivals https://icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/ice-ero-deferred-action-childhood-arrivals-checklist.pdf#search=ERO%20Deferred%20Action%20for%20Childhood%20arrivals https://icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/tvpra-field-guidance.pdf#search=Field%20Guidance%20for%20the%20William%20Wilberforce%20Trafficking%20Victims%20Protection%20Reauthorization%20Act%20of%202008%20%28TVPRA%29%20%26%20Violence%20Against%20Women%20Reauthorization%20Act%20of%202013%20%28VAWA%29%2C%20%C2%A7%20E%2C%20Department%20of%20Homeland%20Security%2C%20Immigration%20and%20Customs%20Enforcement%2C%20Office%20of%20Enforcement%20and%20Removal%20Operations%2C%20January%2013%2C%202016 https://icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/tvpra-field-guidance.pdf#search=Field%20Guidance%20for%20the%20William%20Wilberforce%20Trafficking%20Victims%20Protection%20Reauthorization%20Act%20of%202008%20%28TVPRA%29%20%26%20Violence%20Against%20Women%20Reauthorization%20Act%20of%202013%20%28VAWA%29%2C%20%C2%A7%20E%2C%20Department%20of%20Homeland%20Security%2C%20Immigration%20and%20Customs%20Enforcement%2C%20Office%20of%20Enforcement%20and%20Removal%20Operations%2C%20January%2013%2C%202016 https://icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/tvpra-field-guidance.pdf#search=Field%20Guidance%20for%20the%20William%20Wilberforce%20Trafficking%20Victims%20Protection%20Reauthorization%20Act%20of%202008%20%28TVPRA%29%20%26%20Violence%20Against%20Women%20Reauthorization%20Act%20of%202013%20%28VAWA%29%2C%20%C2%A7%20E%2C%20Department%20of%20Homeland%20Security%2C%20Immigration%20and%20Customs%20Enforcement%2C%20Office%20of%20Enforcement%20and%20Removal%20Operations%2C%20January%2013%2C%202016

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ERO Broadcasts, Field Guidance, Policies, Manuals/Handbooks (continued)

10. Age Determination Procedures for Custody Determination, Policy Number ERO 11301.4, Department of Homeland Security, Immigration and Customs Enforcement, Office of Enforcement and Removal Oper-ations, December 11, 2015.

11. ICE Policy Directive No. 1106.2.2: Sexual Abuse and Assault Prevention and Intervention (SAAPI) (May 22 2014).

12. ICE Policy Directive No. 11087.1: “Operations of ERO Holding Facilities” (September 22, 2014)

13. ICE Policy No. 10074.2: “Issuance of Immigration Detainers by ICE Immi-gration Officers”

14. James M. Chaparro, Sharing Information with the Department of Health and Human Services Office of Refugee Resettlement, Department of Homeland Security, Immigration and Customs Enforcement, Office of Enforcement and Removal Operations, November 30, 2010

15. National Age Out Shelter List

16. Repatriation and Custody Transfer of UAC in ICE Custody to Foreign

Government Officials, Policy 11049.1, Department of Homeland Securi-ty, Immigration and Customs Enforcement, Office of Enforcement and Removal Operations, April 17, 2008

17. Use of Restraints, Policy ERO 11155.1, Department of Homeland Security, Immigration and Customs Enforcement, November 19, 2012.ERO https://insight.ice.dhs.gov/ero/policy/Policy Documents/2015_12_11_Age_ Determination_Procedures_Custody_Determination_TPU.pdf https://insight.ice.dhs.gov/ero/policy/Policy Documents/2015_12_11_Age_ Determination_Procedures_Custody_Determination_TPU.pdf https://insight.ice.dhs.gov/ero/policy/Policy Documents/2015_12_11_Age_ Determination_Procedures_Custody_Determination_TPU.pdf https://insight.ice.dhs.gov/ero/policy/Policy Documents/2015_12_11_Age_ Determination_Procedures_Custody_Determination_TPU.pdf https://icegov.sharepoint.com/sites/insight/director/orap/Pages/policies/statements/11062-2.aspx https://icegov.sharepoint.com/sites/insight/director/orap/Pages/policies/statements/11062-2.aspx https://icegov.sharepoint.com/sites/insight/director/orap/Pages/policies/statements/11087-1.aspx https://icegov.sharepoint.com/sites/insight/director/orap/Pages/policies/statements/11087-1.aspx https://www.ice.gov/sites/default/files/documents/Document/2017/10074-2.pdf https://www.ice.gov/sites/default/files/documents/Document/2017/10074-2.pdf https://insight.ice.dhs.gov/ero/policy/Policy Documents/Sharing-Info-DHHS-ORR.pdf https://insight.ice.dhs.gov/ero/policy/Policy Documents/Sharing-Info-DHHS-ORR.pdf https://insight.ice.dhs.gov/ero/policy/Policy Documents/Sharing-Info-DHHS-ORR.pdf https://insight.ice.dhs.gov/ero/policy/Policy Documents/Sharing-Info-DHHS-ORR.pdf https://icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/AgeOutShelterList.pdf https://icegov.sharepoint.com/sites/insight/director/orap/Pages/policies/statements/11049-1.aspx https://icegov.sharepoint.com/sites/insight/director/orap/Pages/policies/statements/11049-1.aspx https://icegov.sharepoint.com/sites/insight/director/orap/Pages/policies/statements/11049-1.aspx https://icegov.sharepoint.com/sites/insight/director/orap/Pages/policies/statements/11049-1.aspx https://insight.ice.dhs.gov/ero/policy/Policy%20Documents/2012_11_19_use_of_restraints.pdf https://insight.ice.dhs.gov/ero/policy/Policy%20Documents/2012_11_19_use_of_restraints.pdf

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Broadcasts, Field Guidance, Policies, Manuals/Handbooks (continued)

18. John P. Torres: “Update to the Detention and Deportation Officers Field Man-ual: Appendix 16-4, Part 2; Enforcement Standard Pertaining to the Escorting of Aliens”, January 31, 2008

19. Enforcement and Removal Operations: Fugitive Operations Handbook, Octo-ber 30, 2018.

Other

action?mode=0&refresh=true.

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S E C T I O N 1

1. Introduction to JFRMU

The Juvenile and Family Residential Management Unit (JFRMU) is a dedicated, high-level operational unit created to manage issues related to detaining alien minors and families by Immigration and Customs En-forcement (ICE). Within Enforcement and Removal Operations (ERO), JFRMU oversees the implementation of policy and practices related to the needs of Unaccompanied Alien Children (UAC) and family groups who enter ERO custody. JFRMU supports ERO’s mission: to enforce the nation’s immigration laws in a fair and effective manner. JFRMU sets standards and expectations to identify removable aliens, detain these individuals when necessary, and remove illegal aliens from the United States. JFRMU works primarily with recent border entrants and individuals seeking asylum and ensures that these individuals receive due process and just treatment as they move through immigration proceedings.

In addition to supporting ERO’s mission, JFRMU focuses on creating policy and issuing field training regarding best practices and appropri-ate interactions with all minors and families according to their de-velopmental needs. Additionally, JFRMU is responsible for the Family Residential Standards (FRS) and oversees an independent compliance program that inspects family residential centers. JFRMU established and now oversees transportation of UAC and family units (FAMU) and is responsible for nearly all UAC transports nationwide.

https://icegov.sharepoint.com/sites/insight/ero/ndm/Pages/jfrmu.aspx https://www.ice.gov/ https://insight.ice.dhs.gov/ERO/Pages/index.aspx https://www.ice.gov/detention-standards/family-residential

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ERO complies with the Department of Homeland Security (DHS) regulations implementing the Prison Rape Elimination Act, “Stan-dards to Prevent, Detect, and Respond to Sexual Abuse and As-sault in Confinement Facilities,” 6 CFR Part 115 et seq. (DHS PREA), as well as ICE Directive No. 11062.2, “Sexual Assault and Abuse Prevention and Intervention” (May 22, 2014). JFRMU team members monitor facility compliance with these rules and regulations. Team members coordinate with investigative bodies and work with ERO field offices to implement new operational protocols in response to investigative and/or compliance related findings.

Externally, JFRMU coordinates with DHS’s Customs and Border Protection (CBP), the Department of Health and Human Services’ (HHS) Office of Refugee Resettlement (ORR), and non-govern-mental organizations (NGOs). Internally, JFRMU trains, monitors, and advises Field Office Juvenile Coordinators (FOJCs), who serve as their field offices’ subject matter experts (SMEs) on juvenile and family matters. JFRMU coordinates trainings and issues guidance on appropriate case management for minors and families in ICE cus-tody, and FOJCs in turn advise their ICE colleagues and others who support JFRMU in fulfilling ICE’s mission.

JFRMU’s experienced and diverse staff embodies the spirit of this mission. Our National Juvenile Coordinators (NJC) provide guidance and technical assistance to ERO field offices located throughout the United States. The Compliance Standards Officers (CSO) pro-vide ongoing and independent review of Family Residential Center operations and compliance with the FRS. JFRMU’s administrative staff oversees contracts and training, develops policy, and manages internal and external communications. Highly trained and special-ized contract staff support various initiatives.

JFRMU’s experienced and diverse staff embodies the spirit of this mission. Our National Juvenile Coordinators (NJC) provide guidance and technical assistance to ERO field officers located throughout the United States. The National Family Coordinator and Compliance Officers provide ongoing and independent review of facility oper-ations and compliance with the FRS. JFRMU’s administrative staff oversees contracts, drafts and issues policy, and manages internal and external communications. Highly trained and specialized con-tract staff support various initiatives.

https://www.dhs.gov/ https://www.dhs.gov/sites/default/files/publications/prea-nprm-final-120612.pdf https://icegov.sharepoint.com/sites/insight/director/orap/Pages/policies/statements/11062-2.aspx https://www.cbp.gov/ https://www.hhs.gov/ https://www.acf.hhs.gov/orr

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1.1 Processing Minors

FOJCs are responsible for identifying, processing, coordinating trans-portation of UAC and FAMU using JFRMU’s domestic transportation contract, and managing UAC dockets. FOJCs must continually con-sider the unique needs and differences minors have from traditional adult populations.

Because of minors’ unique needs and developmental differences, processing and issuing minors’ charging documents often take pri-ority over all other immigration processing, with very young children receiving one of the highest priorities.3 Placing tender-age UAC into appropriate housing, in cooperation with ORR, is among one of the highest priorities.

1.2 Interactions with Minors

Minors think, act, and react differently from adults. Developmen-tally speaking, minors do not have the same comprehension levels as adults, and comprehension levels vary greatly from very young children to teenagers. ERO officers and contractors are required to consider language, culture, and possible prior traumatic experiences during encounters with minors. In addition, like adults, many minors may have been preconditioned to respond to police and other gov-ernment authority figures with distrust and/or fear.

3 ERO Broadcast: “Service of the Notice to Appear (NTA) on Unaccompanied Alien Children (UAC),” August 22, 2016

When speaking to a minor, plain language expressed in an age-ap-propriate tone is most effective. The FOJC may be the first plain-clothes officer that a minor interacts with; it’s recommended that the officer take the opportunity to build rapport with the minor and help them feel safe while in ERO custody.

1.3 UAC Operational Process

Several DHS components retain responsibilities for apprehending and managing UAC, FAMU, and other minors. CBP, including its U.S. Bor-der Patrol (BP) and Office of Field Operations (OFO), and ICE’s ERO apprehend, detain, process, transport, and repatriate these groups.

ICE’s Homeland Security Investigations (HSI) also apprehends these groups; however, ERO retains immigration-related responsibilities such as case management for all individuals placed in immigration pro-ceedings.

Upon a UAC’s arrival to a DHS processing area, the apprehending DHS officer takes fingerprints of UAC 14 years and older and initi-ates a search in the IDENT system to determine any prior apprehen-sions and to verify identity. The officer also initiates a criminal record check to verify if the UAC has a criminal history.

https://icegov.sharepoint.com/sites/insight/ero/policy/broadcasts/BroadcastMessages/FY16/16089039 Service of the Notice to Appear (NTA) on Unaccompanied Alien Children (UAC) (34).msg https://www.ice.gov/hsi#wcm-survey-target-id

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1.3.1 Screening

The TVPRA requires that all UAC who are apprehended at a land border or Port of Entry (POE) from a country contiguous with the United States, undergo a screening process (within 48 hours) prior to repatriation if they express a wish to withdraw their request for admission.4 As a matter of policy, CBP also screens all UAC that they encounter in order to identify any indicators of human trafficking or fear of return to their home country. CBP will refer potential human trafficking cases to HSI for further investigation.

ERO officers screen any newly encountered UAC in the interior for indicators of human trafficking.

If the UAC indicates potential victimization within the United States during screening or at any time, the local HSI office and ORR must be notified.

Under the TVPRA, Mexican and Canadian UAC may be permitted to withdraw their application for admission if they meet the following criteria: possesses the ability to make an independent decision to withdraw the application for admission to the United States, does not have a fear of returning to his or her country of origin, and has not been a victim of trafficking and there is no credible evidence the minor is at risk of being trafficked if returned to the country of origin. All UAC whom DHS seeks to remove from the United States should be placed in removal proceedings under § 240 of the Immigration and Nationality Act (INA). The TVPRA prohibits ERO from granting Volun-tary Return, effecting Expedited Removal, or reinstating the prior removal order of any UAC.

⁴ (8 U.S.C. § 1232(a)(2)(A))

Requ i rements for screen ing UAC are covered in greater deta i l in Sect ion 3 of the handbook.

N O T E https://icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/TVPRA_2008_Senate-House-Bill.pdf https://www.govinfo.gov/content/pkg/STATUTE-66/pdf/STATUTE-66-Pg163.pdf https://www.govinfo.gov/content/pkg/USCODE-2011-title8/pdf/USCODE-2011-title8-chap12-subchapII-partIV-sec1232.pdf

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1.3.2 UAC Processing Timelines

Processing requirements differ for UAC. By law, all UAC must be transferred from DHS custody, except in the case of exceptional cir-cumstances, to ORR custody within 72 hours of their identification as an unaccompanied minor. Upon apprehension—and if not repatri-ated at the border—once processed, all UAC placed in immigration proceedings are transferred to ORR.

Once ORR designates placement of UAC, in accordance with local agreements, CBP or ERO transport UAC to ORR custody. ERO conducts local and long-distance transports using the transportation provider contracted by JFRMU. ORR houses UAC in children’s shel-ters, staff-secure, and secure facilities. ORR also maintains bed space in residential treatment facilities for minors with special needs. ORR places young children or UAC who are accompanied by their own children in foster care or facilities with permits to house young chil-dren and infants.

The UAC will remain in ORR custody until released to a sponsor or transferred to foster care. ERO initiates § 240 proceedings, maintains general UAC case management, resolves any issues with the Alien File (A-File) and Notice to Appear (NTA) to ensure proper service, and works with the Office of the Principal Legal Advisor (OPLA) to file the NTA with the Executive Office for Immigration Review (EOIR). UAC may apply for various immigration benefits through U.S.

Citizenship and Immigration Services (USCIS), including asylum and visas designed to assist victims of crimes, abuse and neglect, domes-tic violence, and human trafficking.

Although CBP may repatriate some Mexican and Canadian UAC at the border, ERO retains responsibility for repatriating UAC ordered removed by an Immigration Judge (IJ). ERO no longer offers, as a matter of law, voluntary return or voluntary departure to any UAC apprehended in the United States from non-contiguous countries.

ERO may, under limited circumstances, allow a UAC from a con-tiguous country who is apprehended at a land border or POE to withdraw his or her application for admission, if the UAC is properly screened and if return occurs within 48 hours of apprehension. In these situations, ERO should contact CBP for assistance in processing and repatriation.

1.3.3 ERO Responsibilities

Because of their unique needs, minors in ICE custody must be given special consideration as to their safety, security, immediate physical and mental health needs, and well-being. All minors and FAMU are to receive priority for processing and transportation above all other aliens in ICE custody. Additionally, ERO will process and transport ver-ified FAMU including adult parent(s) and/or legal guardian(s) with their own minors together and with special consideration. This includes minors who may be accompanied by their own child(ren).

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1.4 FOJC Roles and Responsibilities

FOJCs play an integral role in apprehending and processing UAC.

FOJCs serve as the local SMEs who provide policy guidance within their respective areas of responsibility. FOJCs are on call 24/7, as call-outs may be necessary to assist with the processing and place-ment of UAC. FOJCs are also responsible for facilitating arrange-ments between the arresting agencies (CBP or ICE) and the place-ment agency (ORR).5

When a UAC is encountered and transported to a hold room, the FOJC is responsible for ensuring that staff separate minors from unrelated adults. The FOJC must also account for the minor’s age, gender, and criminality when processing and requesting placement of the UAC. Per the Flores Settlement Agreement,6 it is the respon-sibility of the FOJC to ensure that minors are held in appropriate temporary holding cells that are safe, sanitary, and that provide access to toilets and sinks. The FOJC must ensure that the tempo-rary hold room has adequate temperature control and provides adequate supervision to protect minors from others. In addition, the FOJC must also ensure that the UAC have access to drinking water, ⁵ Per the Homeland Security Act of 2002, HHS was given sole authority to make decisions on placement, transfer, and release of any UAC. The FOJC can recommend a placement location; however, ORR will ultimately make the determination on where a UAC will be placed.

⁶ On July 6, 2016, the Ninth Circuit Court of Appeals issued its ruling on DHS’ appeal, affirming in part and reversing in part the July and August 2015 orders issued by the United States District Court for the Central District of California. See Flores v. Lynch, No. 15-56434, 828F.3d 898 (9th Cir. Jul. 6, 2016). ICE continues to act as expeditiously as possible to process families in ICE Family Residential Centers, by generally limiting the average time in detention for all accompanied minors in the credible fear process to a target of 20 days.

ICE also continues to seek licensing for the Family Residential Centers.

juice, milk, food, and snacks. The UAC should also have access to medical assistance. The FOJC should also assist minors by provid-ing them the opportunity for a phone call to their parent, guardian, consular officer, or legal representative, and provide them with a list of free or low-cost legal service providers.

The FOJC is also responsible for managing the dockets of UAC in their Area of Responsibility (AOR), including:

UAC;

• Coordinating with other FOJCs about A-file transfers, includ-ing sending A-files via express mail to the receiving FOJC;

NTA;

cluding making travel arrangements for the UAC to get repatri-ated safely to their home country.

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An FOJC will also assist with case review and custody redetermi-nation. Other duties include responding to inquiries from parents, legal guardians, legal counsel, case workers, ORR Federal Field Specialists (FFS), and consulate representatives. An FOJC may also assist with age determinations and coordination with ORR shelters for UAC who have aged out of ORR custody.

1.5 Training Requirement

The TVPRA of 2008 requires specialized training for personnel:

The Secretary of State, the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Attorney General shall provide specialized training to all Federal personnel, and upon request, State and local personnel, who have substantive contact with unaccompanied alien children. Such personnel shall be trained to work with unaccompanied alien children, including identifying children who are victims of severe forms of trafficking in persons, and children for whom asylum or special immigrant relief may be appropriate including children described in subsection (a)(2).7

JFRMU provides this specialized training nationally, on an annual ba-sis. JFRMU’s training provides an overview of all requirements and legal authorities for processing UAC cases, at every phase in the process from encounter to ORR placement and through removal.

To keep FOJCs updated with the most recent policy, legislation, ⁷ The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Pub. L. No. 110-457, 122 Stat. 5075 (December 23, 2008); 8 U.S.C. § 1232(e).

regulation and litigation changes, all FOJCs will attend the annual training held by JFRMU. FOJCs are expected to conduct additional trainings, either formal or informal, in their field offices to educate fellow ERO officers and staff. JFRMU also develops job aids and other supporting guidance as needed.

FOJCs must also participate in monthly conference calls with JFRMU. These national conference calls ensure that all FOJCs are aware of any operational changes and provide a forum for informa-tion dissemination as well as discussion of best practices, challeng-es, or trends.

https://icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/TVPRA_2008_Senate-House-Bill.pdf

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S E C T I O N 2

2. Legislation and Judicial Matters

2.1 The Flores Settlement Agreement

In 1997, the Flores Settlement Agreement (FSA)8 was signed as a result of a class-action lawsuit filed against the Immigration and Naturaliza-tion Service (INS). Under the conditions of the FSA, the INS agreed to uphold the following conditions:

• Minors are placed in the least restrictive detention setting ap-propriate to the UAC’s age and special needs;

• Minors are segregated from unrelated adults during transport and temporary detention;

• Minors are transferred out of temporary locations to a perma-nent location within 72 hours;

• Minors are treated with “dignity, respect, and with special con-cern due to vulnerabilities”;

• Minors have free and ready access to drinking water, food, and snacks;

tial center) within three to five days and such facilities must be non-secure as required by State law, except that minors deemed to be delinquents, criminals, or who meet other spe-cific factors under the FSA may be placed in secure facilities.

⁸ Flores Stipulated Settlement Agreement, January 17, 1997 and Flores v. Lynch, No. 15-56434, 828 F.3d 898 (9th Cir. Jul. 6, 2016).

https://urldefense.us/v3/__https:/icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/150821-flores.pdf*search=Flores*20v*20meese*20agreement__;IyUlJQ!!BClRuOV5cvtbuNI!XEzM9IQVRmOZ8Lt9o7vDZBlUn51S3bBKfop0Zyblcn5y5FOA3Cz_tWkj7Bjsj35S0hSRtg$ https://urldefense.us/v3/__https:/icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/150821-flores.pdf*search=Flores*20v*20meese*20agreement__;IyUlJQ!!BClRuOV5cvtbuNI!XEzM9IQVRmOZ8Lt9o7vDZBlUn51S3bBKfop0Zyblcn5y5FOA3Cz_tWkj7Bjsj35S0hSRtg$

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Adherence to the FSA conditions extends to INS’ successor, DHS. HHS ORR is also bound by the provisions of the FSA. Recent litigation and court rulings have determined that the FSA applies to accompanied minors as well, including those who enter as members of FAMU. In addition to those items listed above, additional Flores advisals and Notice of Right to Judicial Review are required (See Flores v. Lynch, No. 15-56434, -828 F.3d 898 (9th Cir. Jul. 6, 2016)).

2.2 Homeland Security Act of 2002

On March 1, 2003, pursuant to the Homeland Security Act of 2002 (6 U.S.C. § 279), ORR assumed the authority for decisions related to the care and placement of UAC in Federal custody. ORR takes the minor’s best interests into consideration by:

While UAC are in the agency’s care, ORR must ensure that the UAC:

wise engage them in criminal, harmful, or exploitive activity;

• Are placed in a setting in which they are not likely to pose a danger to themselves or others.9

⁹ The Homeland Security Act of 2002, Pub. L. No. 107-296, November 25, 2002.

Check out the Lega l Author-i t ies Job Aid and Overv iew of Lega l Author i t ies v ideo on the JFRMU int ranet page .

N O T E https://www.dhs.gov/ http://www.hhs.gov https://www.acf.hhs.gov/orr https://cdn.ca9.uscourts.gov/datastore/opinions/2016/07/06/15-56434.pdf https://cdn.ca9.uscourts.gov/datastore/opinions/2016/07/06/15-56434.pdf https://icegov.sharepoint.com/sites/insight/ero/ndm/Documents/jfrmu/pdf/hr-5005-hsa.pdf https://icegov.sharepoint.com/sites/insight/ero/ndm/Pages/jfrmu.aspx

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2.3 Perez-Fuñez

Perez-Fuñez10 is a class action lawsuit challenging the manner in which INS implemented voluntary departure procedures and re-sulted in both a preliminary injunction and a permanent injunction issued in 1984 and 1985 respectively. The case involves two con-solidated actions against INS: Jose Antonio Perez-Fuñez, v. District Director and Yanira Pena and Claudia Pena v. Immigration and Nat-uralization Service. The two plaintiffs challenged the way INS imple-mented its voluntary departure procedures as it pertained to UAC.

The…