Detained Migrant Minors in US Get More Phone Time With Family

2023-06-30

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Unaccompanied migrant children in U.S. shelters will now be allowed longer phone calls with loved ones. That's because of a recent change in guidance announced by the U.S. agency that oversees the care and release of minors.

The updated guidance from the Office of Refugee Resettlement, that went into effect on Monday, allows minors to have at least 50-minute phone calls Monday through Friday with parents or other relatives anywhere in the U.S. or outside the country. That's a change from the two 10-minute phone calls twice a week they were allowed to have.

Unaccompanied migrant minors remain in shelters and under the U.S. government's custody until they're released to their relatives or sponsors in the United States. Migrant children advocates called this a critical step for children's safety and well-being.

"It's something that children have repeatedly raised over time as a key issue in terms of conditions of custody," Jane Liu, director of policy and litigation at Young Center for Immigrant Children's Rights, told VOA. "We've been working with pediatric health experts to do advocacy around this issue. ... And so anything to mitigate the harm of that detention is critical to their health and that's why ... we've been pushing really hard on this."

The policy also requires at least 45-minute calls on holidays, weekends, and the child's birthday. Unlimited calls are expected to be available when children are in situations of emergency such as "grieving the loss of a loved one or experiencing a mental health crisis."

There are almost 6,000 unaccompanied minors in U.S. custody, according to the latest daily report released by the U.S. Department of Health and Human Services and the Department of Homeland Security.

In its daily report to the media, ORR and DHS repeatedly say that in more than 80% of cases, an unaccompanied minor has a family member in the United States; in nearly half of those instances, that family member is a parent or legal guardian.

"These children are reunited with their families who will care for them," according to the daily report. "The children then go through immigration proceedings where they are able to present an application for asylum or other protection under the law."

Importance of communication

Physicians for Human Rights sent ORR a letter in April 2022 recommending that children in its custody have at least 30 minutes of phone communication per day, video being preferable, and in-person contact visits when possible. For children without anyone to call, the physicians recommended support through other activities.

"The most powerful factor to foster child resilience and adaptive skills to overcome negative impacts from difficult situations is a secure relationship with a safe, stable, nurturing adult whose presence is continuous over time, whether it is the child's parent or caregiver," they wrote. "Emotionally attuned attachment promotes healthy brain growth, development of accurate mental maps of self and others, ability to trust, and protection from trauma."

Although ORR did not say specifically what prompted its decision to allow for longer phone calls with loved ones, expanded communications had been advocated by a number of pediatric health experts aside from PHR, some of whom submitted an open letter to ORR officials in January.

In addition to government-run facilities, some unaccompanied minors are placed in foster care programs until they are released to relatives in the United States. ORR notes in its policy that "Care providers must exhaust all efforts to utilize video calls over audio-only calls, where the family, sponsor and/or other approved contacts have access to video calling technology."

ORR guidance also prohibits providers from taking away or threatening to take away opportunities to communicate with approved family members or sponsors as a form of punishment.

Unaccompanied migrant minors arriving at the U.S.-Mexico border and crossing without authorization are first taken to a border patrol station. Many hope to reunite with parents who are already in the U.S. or have deliberately left their country due to crime, domestic abuse, gangs, or poverty.

Within 72 hours, however, they must be transferred to the custody of the ORR office under HHS and placed in facilities designed to accommodate the needs of children.

The Biden administration dealt with a record number of unaccompanied migrant minors arriving at the U.S.-Mexico border in fiscal 2022. According to the latest numbers, border patrol processed 9,943 minors in May. That number was 14,675 at the same time last year.

In May, the U.S. House passed a border security package that included extending the timeframe in which minors can be held in immigration facilities, limiting asylum and eliminating ORR's program that offers legal representation to children in immigration court.

Democrats have said the proposed legislation does not resolve the challenges at the U.S.-Mexico border.

U.S. Representative Jody Chu, from California, said the bill would "decimate our asylum system and humanitarian protections, put more children and families in detention."

House GOP leadership, however, said the proposal is the "strongest border security bill this country has ever seen."

The bill, however, is unlikely to become law as the White House has already said it would veto it.