refugee resettlement

McALLEN, Texas — President Trump’s administration has started requiring parents looking to reunite with their children who crossed into the U.S. alone to show up for interviews where immigration officers may question them, according to a policy memo obtained by The Associated Press.

Legal advocacy groups say the shift has led to the arrest of some parents, while their children remain in U.S. custody. The U.S. Department of Homeland Security did not confirm that or answer questions about the July 9 directive, instead referring in a statement to the Biden administration’s struggles to properly vet and monitor homes where children were placed.

The Office of Refugee Resettlement, which is part of the U.S. Health and Human Services Department and which takes custody of children who cross the border without a parent or legal guardian, issued the directive. The agency said the goal is to ensure that sponsors — usually a parent or guardian — are properly vetted.

The memo is among several steps the Trump administration has taken involving children who came to the U.S. alone. Over the Labor Day weekend it attempted to remove Guatemalan children who were living in shelters or with foster care families.

The July 9 memo regarding sponsors said they must now appear in person for identification verification. Previously, sponsors could submit identity documents online. The directive also says “federal law enforcement agencies may be present to meet their own mission objectives, which may include interviewing sponsors.”

Neha Desai, managing director of human rights at the National Center for Youth Law, said the change provides U.S. Immigration and Customs Enforcement a “built-in opportunity” to arrest parents — something she said has already happened.

Mary Miller Flowers, director of policy and legislative affairs for the Young Center for Immigrant Children’s Rights, said she knew of a case in which immigration officers arrested the father of a child under the age of 12 who had shown up for an identification check. “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 the 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.”

Gonzalez writes for the Associated Press.

HARLINGEN, Texas — A U.S. judge at least temporarily blocked the government Sunday from deporting a group of Guatemalan children who had crossed the border without their families, after their lawyers said the youngsters were loaded onto planes overnight in violation of laws affording protections for migrant kids.

Attorneys for 10 Guatemalan children, ages 10 to 17, said in court papers filed late Saturday that there were reports that planes were set to take off within hours for the Central American country. But a federal judge in Washington said those children couldn’t be deported for at least 14 days, and after a hastily scheduled hearing Sunday, she emphasized that they needed to be taken off the planes and back to the Office of Refugee Resettlement facilities while the legal process plays out.

“I do not want there to be any ambiguity,” said Judge Sparkle L. Sooknanan, who said her ruling applies broadly to Guatemalan minors who arrived in the U.S. without their parents or guardians.

Government lawyers, meanwhile, maintained that the children weren’t being deported but rather reunited at the request of their parents or guardians — a claim that the children’s lawyers dispute, at least in some cases.

Similar emergency requests were filed in other parts of the country as well. Attorneys in Arizona and Illinois asked federal judges there to block deportations of unaccompanied minors, underscoring how the fight over the government’s efforts has quickly spread.

Immigrant advocates react

The episode has raised alarms among immigrant advocates, who say it may represent a violation of federal laws designed to protect children who arrive without their parents. While the deportations are on hold for now, the case underscores the high-stakes clash between the government’s immigration enforcement efforts and the legal safeguards that Congress created for some of the most vulnerable migrants.

At the border-area airport, the scene Sunday morning was unmistakably active. Buses carrying migrants pulled onto the tarmac as clusters of federal agents moved quickly between the vehicles and waiting aircraft. Police cars circled the perimeter, and officers and security guards pushed reporters back from the chain-link fences that line the field. On the runway, planes sat with engines idling, ground crews making final preparations as if departures could come at any moment — all as the courtroom battle played out hundreds of miles away in Washington.

Shaina Aber of Acacia Center for Justice, an immigrant legal defense group, said it was notified Saturday evening that an official list had been drafted with the names of Guatemalan children whom the U.S. administration would attempt to send back to their home country. Advocates learned that the flights would leave from the Texas cities of Harlingen and El Paso, Aber said.

She said she’d heard that federal Immigration and Customs Enforcement officials “were still taking the children,” having not gotten any guidance about the court order.

The Department of Homeland Security, Immigration and Customs Enforcement, and the Department of Health and Human Services did not immediately respond to requests for comment on Sunday.

Plans to remove nearly 700 Guatemalan children

The Trump administration is planning to remove nearly 700 Guatemalan children who came to the U.S. unaccompanied, according to a letter sent Friday by Sen. Ron Wyden of Oregon. The Guatemalan government has said it is ready to take them in.

It is another step in the Trump administration’s sweeping immigration enforcement efforts, which include plans to send a surge of officers to Chicago for an immigration crackdown, ramping up deportations and ending protections for people who have had permission to live and work in the United States.

Lawyers for the Guatemalan children said the U.S. government doesn’t have the authority to remove the youngsters and is depriving them of due process by preventing them from pursuing asylum claims or immigration relief. Many have active cases in immigration courts, according to the attorneys’ court filing in Washington.

Although the children are supposed to be in the care and custody of the Office of Refugee Resettlement, the government is “illegally transferring them to Immigration and Customs Enforcement custody to put them on flights to Guatemala, where they may face abuse, neglect, persecution, or torture,” argues the filing by attorneys with the Young Center for Immigrant Children’s Rights and the National Immigration Law Center.

An attorney with another advocacy group, the National Center for Youth Law, said the organization started hearing a few weeks ago from legal service providers that agents from Homeland Security Investigations — ICE’s investigative arm — were interviewing children, particularly from Guatemala, in Office of Refugee Resettlement facilities.

The agents asked the children about their relatives in Guatemala, said the attorney, Becky Wolozin.

Then on Friday, advocates across the country began getting word that their young clients’ immigration court hearings were being canceled, Wolozin said.

Migrant children traveling without their parents or guardians are handed over to the Office of Refugee Resettlement when they are encountered by officials along the U.S.-Mexico border. Once in the U.S., the children often live in government-supervised shelters or with foster care families until they can be released to a sponsor — usually a family member — living in the country.

The minors can request asylum, juvenile immigration status or visas for victims of sexual exploitation.

Due to their age and often traumatic experiences getting to the U.S., their treatment is one of the most sensitive issues in immigration. Advocacy groups already have sued to ask courts to halt new Trump administration vetting procedures for unaccompanied children, saying the changes are keeping families separated longer and are inhumane.

Guatemala willing to receive the unaccompanied minors

Guatemalan Foreign Affairs Minister Carlos Martínez said Friday that the government has told the U.S. it is willing to receive hundreds of Guatemalan minors who arrived in the U.S. unaccompanied and are being held in government facilities.

Guatemala is particularly concerned about minors who could pass age limits for the children’s facilities and be sent to adult detention centers, he said.

President Bernardo Arévalo has said that his government has a moral and legal obligation to advocate for the children. His comments came days after U.S. Homeland Security Secretary Kristi Noem visited Guatemala.

Gonzalez and Santana write for the Associated Press and reported from Harlingen and Washington, respectively. AP writers Jennifer Peltz in New York and Corey Williams in Detroit contributed to this report.