Pace of releases scrutinized as migrant kids left to wait

Juan is held by his mother Andrea after he was released from government custody in Phoenix on April 12. MUST CREDIT: Photo for The Washington Post by Courtney Pedroza
Juan is held by his mother Andrea after he was released from government custody in Phoenix on April 12. MUST CREDIT: Photo for The Washington Post by Courtney Pedroza

The U.S. government has never had so many migrant teens and children in its care, with more than 20,000 held in Health and Human Services Department shelters and another 2,200 in border facilities waiting for shelter beds to open up.

More than 40% of the minors released by the government have at least one parent already living in the United States, but the Health and Human Services Department has been taking 25 days on average to approve release and grant custody to the mother or father, a number that dipped to 22 days as of Thursday, according to the latest internal data reviewed by The Washington Post. It takes an average of 33 days to release minors to other immediate relatives, such as siblings.

Federal officials say they are scrambling to speed up reunifications, streamlining requirements and even offering to pay for parents' transportation costs. But lawyers, lawmakers and White House officials are urging them to act faster, saying the prolonged detentions are traumatizing children and putting them at risk of catching the coronavirus.

For the past several weeks, President Joe Biden's administration has been chiefly focused on reducing the number of children held in cramped Customs and Border Protection tents and jails. Officials have rushed to temporarily house them at convention centers, military bases and converted oil worker camps. This effort costs at least $60 million per week, according to an analysis of government estimates, and it's expected to continue for months.

The government's effort to find emergency shelters instead of more quickly placing children with their parents and relatives has raised concerns among advocates and lawyers.

Dozens of Democratic lawmakers warned the Biden administration in a letter last week that the fast-expanding emergency shelters should be used sparingly because they "are not state-licensed, not appropriate for prolonged operation, and in the past have been plagued by violations and abuses." They urged officials to "facilitate the quick and safe release of children" to their parents, vetted relatives or other sponsors.

The Health and Human Services Department has acknowledged in court records that it has been straining to add caseworkers. The vetting process often does not begin for days, after children are out of Border Patrol custody. Some shelters are struggling to hire and retain staff members.

The staff shortage at the shelters has been so acute that the department is asking federal workers -- including those at NASA, the Federal Trade Commission and the Environmental Protection Agency -- to deploy to border areas for several months, working 12-hour shifts to supervise minors and perform case-management duties, such as interviews with parents and other potential sponsors, according to internal emails obtained by The Washington Post. More than 350 U.S. Citizenship and Immigration Services employees are also helping conduct interviews, most of them remotely.

A minor taken into Customs and Border Protection custody after crossing into the United States without a parent or legal guardian is classified as an "unaccompanied" child, and the Trafficking Victims Protection Reauthorization Act of 2008 requires Health and Human Services to assume custody of the child and make a safety determination before release to a vetted relative or sponsor. The department can reject a parent or other sponsor if the agency determines the adult poses a risk to the child or is not capable of providing for the child's well-being.

Health and Human Services said it has expedited the process, but advocates say it remains onerous.

About 90% of minors are eventually released to a relative, with more than 40% being claimed by a parent, according to Health and Human Services.

Some advocates say the process should move more quickly and that parents should be able to take custody of their children without filling out applications. They could undergo background checks and show identification and birth records, which a consulate could authenticate, the advocates say.

Andrea cries for her son while being comforted by Gabi Mayorga, right, outside of Neighborhood Ministries in Phoenix on April 12. MUST CREDIT: Photo for The Washington Post by Courtney Pedroza
Andrea cries for her son while being comforted by Gabi Mayorga, right, outside of Neighborhood Ministries in Phoenix on April 12. MUST CREDIT: Photo for The Washington Post by Courtney Pedroza
Andrea, second from left, is talks with immigration advocate Amy Cohen, left, about negotiating the release of her son from government custody after he crossed the border with his grandmother. MUST CREDIT: Photo for The Washington Post by Courtney Pedroza
Andrea, second from left, is talks with immigration advocate Amy Cohen, left, about negotiating the release of her son from government custody after he crossed the border with his grandmother. MUST CREDIT: Photo for The Washington Post by Courtney Pedroza

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