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Detention/deportation issues impacting unaccompanied children
117. The Government should urge lawmakers to pass the Unaccompanied Alien Child
Protection Act of 2007 reintroduced in March 2007.
118. Children should be removed from jail-like detention centres and placed in home-like
facilities. Due care should be given to rights delineated for children in custody in the
American Bar Association “Standards for the Custody, Placement, and Care; Legal
Representation; and Adjudication of Unaccompanied Alien Children in the
United States”.14
119. Temporary Protected Status (TPS) should be amended for unaccompanied children
whose parents have TPS, so they can derive status through their parents.
Situation of migrant women detained in the United States
120. In collaboration with legal service providers and non-governmental organizations
that work with detained migrant women, ICE should develop gender-specific detention
standards that address the medical and mental health concerns of migrant women who
have survived mental, physical, emotional or sexual violence.
121. Whenever possible, migrant women who are suffering the effects of persecution or
abuse, or who are pregnant or nursing infants, should not be detained. If these vulnerable
women cannot be released from ICE custody, the Department of Homeland Security
should develop alternative programmes such as intense supervision or electronic
monitoring, typically via ankle bracelets. These alternatives have proven effective during
pilot programmes. They are not only more humane for migrants who are particularly
vulnerable in the detention setting or who have family members who require their
presence, but they also cost, on average, less than half the price of detention.
Judicial review
122. The United States should ensure that the decision to detain a non-citizen is promptly
assessed by an independent court.
123. The Department of Homeland Security and the Department of Justice should work
together to ensure that immigration detainees are given the chance to have their custody
reviewed in a hearing before an immigration judge. Both departments should revise
regulations to make clear that asylum-seekers can request these custody determinations
from immigration judges.
124. Congress should enact legislation to ensure that immigration judges are independent
of the Department of Justice, and instead part of a truly independent court system.
14
Available at https://www.abanet.org/publicserv/immigration/Immigrant_Childrens_
Standards.pdf.