Melissa H. Johnson, Ph.D.; Gheisha-Ly Rosario Diaz, Esq.; Pierre R. Berastain, M.Div.; Ruby White Starr (2023)
Introduction
Unaccompanied minors are undocumented immigrant children under the age of 18 who do not have a parent or legal guardian in the U.S. when they are apprehended by immigration officials1. Historically, most come from Mexico, Guatemala, Honduras, and El Salvador, but increasing numbers of children now come from other parts of Central and South America as well as the Caribbean2-4. While some unaccompanied minors undertake the migration journey alone, others become separated from family during the migration process or after their parents or caregivers are deported. Moreover, most have parents or other family already living in the U.S. with whom they hope to reunify.3-6
Recent media attention has exposed the vulnerability of unaccompanied minors to exploitation. A New York Times investigation found numerous U.S. companies violate child labor laws in their employment of migrant children, most of whom are unaccompanied minors, and further points to failures in the system set up to protect these children7,8. As states across the country push to weaken child labor laws, such exploitation is likely to proliferate. This fact sheet explores intersections of structural and family violence in the lives of unaccompanied minors, highlighting additional vulnerabilities resulting from gaps in the provision of child welfare services for9 these children. We underscore differences between the system created for unaccompanied minors and the domestic child welfare system, and offer policy and practice recommendations to promote safety, resilience, and well-being of unaccompanied minors.
The Context of Violence in Unaccompanied Minors' Lives
Many unaccompanied minors have been exposed to substantial violence in their home countries prior to migrating2-610-14. Violence occurs at multiple levels, as illustrated below, and children may experience violence at one or more of these levels. Research shows that exposure to violence, especially at the societal and community levels, is a significant driving factor in decisions to migrate to the U.S. Children experiencing greater levels of violence, and intersections of multiple forms of violence, are more likely to make the decision to migrate. Therefore, unaccompanied minors comprise a particularly vulnerable subset of children who likely have greater exposure to violence compared to other children in their countries of origin who do not make the migration journey.
State/Societal
Political turmoil, social unrest, poverty
Government failure to protect citizens
Impunity for gender-based violence
Discrimination/persecution of indigenous
communities, ethnic minorities, LGBTQ+
Community
Gangs, drug cartels, organized crime
Trafficking, smuggling, exploitation, and extortion
High rates of homocide, sexual assault
Corrupt law enforcement
Family
Abuse, neglect, abandonment by caregivers or relatives
Exposure to domestic and intimate partner violence
A study by the United Nations High Commissioner for Refugees found...
47.5
of unaccompanied minors reported societal violence as a reason for migrating
58
of unaccompanied minors likely meet qualifications for international protection due to threats of violence
Children may experience high levels of violence both prior to migrating and throughout the migration process.2,4,14,15 Even after reaching the U.S., unaccompanied minors remain vulnerable to violence and abuse due to their lack of legal status and limited protections provided by the government, making them reliant on interpersonal relationships with people who may exploit these vulnerabilities. Children who migrate may experience compounded trauma from the different stages of migration, as shown in the graphic below.
Post-Immigration
Race-based discrimination, xenophobia, and violence
Abuse and neglect by caregivers/family in U.S.
Intimate partner violence
Exploitation, trafficking, and debt bondage
During Immigration
Physical and sexual assault, rape, witnessing violence
Exploitation, kidnapping by smugglers/traffickers
Apprehension by U.S. immigration officials
Mistreatment during detention (e.g., children in cages)
Pre-Immigration
State/political and societal violence
Community violence
Family violence
A Parallel Child Welfare System
To better understand the conditions that perpetuate youth vulnerability following their arrival in the U.S., a closer look at the system designed to respond to unaccompanied minors is needed. The federal government is responsible for the care of unaccompanied minors while their eligibility to remain in the U.S. is assessed. They are generally not served by the same child welfare system as citizen and legal resident children.
Instead, unaccompanied minors are served by a distinct system under the Office of Refugee Resettlement (ORR), which does not carry the same focus on safety and well-being as the domestic child welfare system. Rather, the primary purpose of the ORR system is to temporarily house children and identify longerterm placements for them while a decision is reached about whether they can legally stay in the U.S. In this regard, it is much more closely connected to, and coordinated with, the immigration system2,5.
A basic overview of how this system operates is shown below. Notably, only children who are assessed by immigration authorities as eligible to seek asylum ever enter ORR custody. A significant portion of children are “screened out” or opt to “voluntarily” return to their home country, usually without access to legal counsel or advocates to help articulate their case. For those who pass screening, efforts to expedite processing and placement with sponsors have resulted in less thorough background checks, which, coupled with minimal post-placement follow up, compromise the safety of unaccompanied minors. Meanwhile, their legal situation remains tenuous as they await the court hearing for their asylum case. A majority lack legal representation during this process, increasing the likelihood that their application for asylum will be denied.
A Different Set of Standards
Although the domestic child welfare system and the ORR-operated system for unaccompanied minors both fall under the purview of the Administration for Children and Families, the two systems operate very differently. Scholars and advocates have noted the failure to apply the same set of widely accepted child welfare standards to ensure the safety, permanency, and well-being of unaccompanied minors.13,14,18-21.
While both systems can improve on existing processes to better support children, there are important discrepancies in their standards for the care and welfare of children, which are outlined below. This results in differential treatment of unaccompanied minors, jeopardizing their safety and well-being.
Domestic (State-run) Child Welfare System
ORR System for Unaccompanied Minors
Domestic (State-run) Child Welfare System
Children placed in foster care when an investigation determines that child abuse or neglect has occurred
Burden is on the state to provide evidence that children are not safe with family
Emphasis on placing children in least restrictive and disruptive environment, prioritizing family based care
Oversight by family court system and minors are provided with a free attorney or child advocate
Case management to check on the ongoing safety and well-being of the child
Required to ensure children receive physical and mental health care while child remains in state custody
ORR System for Unaccompanied Minors
Children detained solely on basis of undocumented/unaccompanied status
Burden is on the family/sponsor to prove their fitness to care for child, despite lack of evidence of maltreatment
Majority held in congregate care shelters while awaiting release to sponsors
No family court oversight; not required to ensure access to legal representation for child's immigration proceedings
Limited follow-up and lack of ongoing oversight to ensure safety and well-being
Lack of support services to help with child's needs; not required to ensure access to health care
Perpetuating Oppression and Vulnerability
The violence that unaccompanied minors experience prior to and during migration is further perpetuated following their arrival in the U.S., as they face myriad ongoing forms of oppression. This is exemplified by the inadequate protections and fragmented services offered to them.
The cumulative impact of trauma from these experiences, combined with limited access to opportunities and resources, increase their vulnerability to further victimization, including abuse by family, sponsors, intimate partners, and employers.
Youth with extensive trauma histories may normalize interpersonal violence, internalize discriminatory ideology, or fear seeking help due to their lack of legal status and their belief (often grounded in experience) that the government will not protect them. Moreover, their dependence on family, sponsors, and other relationships they form in the U.S. make them highly susceptible to abuse.3,4,6
Recommendations for Improving Policy and Practice
In response to the recent media attention highlighting the exploitation of unaccompanied minors, the Biden Administration announced the creation of a new interagency task force between the Department of Labor and the Department of Health and Human Services. While the task force has outlined a number of initiatives that it has committed to undertaking, additional steps could be taken to better support the welfare of unaccompanied minors. We suggest a holistic and strengths-based approach that considers both the needs and assets of unaccompanied minors within the context of families, communities, and social institutions. While research has largely focused on vulnerability, evidence indicates that unaccompanied minors are also remarkably resilient and tend to identify with narratives of strength through adversity. Taking an approach that emphasizes resilience, protective factors, and addressing trauma is essential for supporting healthy development, facilitating adjustment to the U.S., and preventing further harm.4
Recommendations for Improving Policy and Practice
Applying a socioecological framework, as shown, we offer recommendations for policy-makers, advocates, and service providers who have a stake in the lives of these children. Below we outline a variety of interventions and supports at the structural, community, family, and child levels.
Provide individualized, trauma-focused therapeutic services and supports
Support attachment to cultural identity
Promote child’s sense of agency by supporting their independence and self-identified goals
Expedite reunification with family members who are willing to sponsor the child
Provide resources that promote family bonding, particularly if children have been separated from family members for extended periods of time
Offer parental support to new caregivers, including information on available services and resources
Expedite reunification with family members who are willing to sponsor the child
Provide resources that promote family bonding, particularly if children have been separated from family members for extended periods of time
Offer parental support to new caregivers, including information on available services and resources
Ensure access to educational resources and supports, such as tutoring for children who have significant gaps in school attendance and language supports for non-English speaking children
Reduce use of restrictive congregate care facilities while unaccompanied children are waiting for placement with an approved sponsor
Ensure that all staff working directly with unaccompanied children receive training in trauma-informed care and culturally responsive practice
Provide thorough assessment of trauma exposure and treatment needs while children are in custody
Provide free legal representation for all unaccompanied children. Studies show that the likelihood of succeeding in claims for immigration relief increases significantly if a child receives adequate legal representation.22 This can be done by releasing federal funds for community-based, legal aid organizations to represent unaccompanied children
Provide work authorization to children who need, or want, to work and are old enough to do so safely
Provide culturally and linguistically appropriate training and technical assistance to state child welfare agencies on U.S. Child Labor Laws, family violence, and children's rights
Require and cover the costs of postrelease services for all unaccompanied children for a minimum of 6 months. Minimum services should include monthly in-home visitations from social workers, support in enrolling and keeping up with school, ensuring access to mental/behavioral and physical health care, and connections to other community resources based on child’s needs
KIND is the preeminent U.S.-basednongovernmental organization devotedto the protection of unaccompaniedand separated children. KINDenvisions a world in which everyunaccompanied child on the move hasaccess to legal counsel and has theirrights and well-being protected as theymigrate alone in search of safety.
ASISTA is a national non-profitdedicated to helping attorneys andadvocates assist immigrant survivorsof crime with their immigrationmatters, ultimately enhancing theirsafety and security
AIS is a national network of advocatesand allies dedicated to defending andadvocating for policies that ensureimmigrant survivors of domesticviolence, sexual assault, trafficking,and other gender-based abuses haveaccess to life-saving protections thatall survivors of violence deserve.
For more information on the issues faced by unaccompanied migrant children, theintersections of structural and family violence, and ways to improve the systemsresponding to these issues, reach out to The National Center to Advance Peaceand Equity for Children, Youth, and Families at This email address is being protected from spambots. You need JavaScript enabled to view it. or visit our website at www.centertoadvancepeace.org.
Suggested Citation
Johnson, M. H., Rosario-Diaz, G., Berastain, P., & White Starr, R. (2023). The Welfare of Unaccompanied Minors: Disparate Treatments and a Call for Action Doraville, GA: Caminar Latino-Latinos United for Peace and Equity.
2Ataiants J, Cohen C, Henderson Riley A, Tellez Lieberman J, Reidy MC, Chilton M (2018). Unaccompanied Children at the United States Border, a Human Rights Crisis that can be Addressed with Policy Change. Journal of Immigrant and Minority Health, 20(4), 1000-1010.
3Bartholomew E, Guzman S, Rodríguez H, Aber S, Garcia A, & Cho T (2022). Learning from Youth: Envisioning Freedom for Unaccompanied Children. New York: Vera Institute of Justice.
4Paris M, Antuña C, Bailey C, Hass GA, Muñiz de la Peña C, Silva MA, & Srinivas T (2018). Vulnerable but Not Broken: Psychosocial Challenges and resilience Pathways Among Unaccompanied Children from Central America. New Haven, CT: Immigration Psychology Working Group.
5Byrne O & Miller E (2012). The Flow of Unaccompanied Children through the Immigration System: A Resource for Practitioners, Policy Makers, and Researchers. New York: Center on Immigration and Justice, Vera Institute of Justice.
6Ramos M, Marrero G, Simich L, Goyen L, Mallozzi K, Bloch D, Henein M, Byrne O, et al (2015). Unaccompanied Immigrant Youth in New York: Struggle for Identity and Inclusion – A Participatory Action Research Study. New York: Fordham University, School of Law and Vera Institute of Justice.
10United Nations High Commissioner for Refugees (UNHCR) (2014). Children on the Run: Unaccompanied Children Leaving Central America and Mexico and the Need for International Protection. Washington, DC: UNHCR. http://www.ref-world.org/docid/532180c24.html.
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19Finno-Velasquez M, Lovato K, & Prandini R (2021). The US Must Adopt Child Welfare Strategies for Unaccompanied Minors. The Hill, June 30, 2021.
20Johnson MH (2021). Constructing ‘Child Safety’: Policy, practice, and Marginalized Families in Florida’s Child Welfare System. [Doctoral Dissertation, University of South Florida].
