Family Rights & Separation [FOIA Library: Unaccompanied Children and Non-Parental Family Members]

Family Rights and Separation

1. Email on Defining “Fraudulent Family” [PDF]

E-mail providing response to a question during a hearing on how a “fraudulent family” is defined, specifically whether aunts or uncles are included in that definition. The answer in the hearing stated no consistent metric existed to measure separation of extended family under the TVPRA guidelines, and the answer in the e-mail providing further clarification is redacted. 

2. Report Discussing Family Separation Reunification Efforts [PDF]

GAO Report on 2018 Family Separations, discussing the (lack of) planning for family separation, DHS’ data system to track separated children, and attempts at reunifying families.   

3. Letter from Members of Congress Inquiring on the Use of DNA Testing [PDF]

Letter on October 15, 2019, from Members of Congress to DHS asking about the use of DNA testing to establish familial relationship at detention facilities.  

4. CBP Families and Children Care Report Evaluating “Border Crisis” [PDF]

November 14, 2019, CBP Families and Children Care Report evaluating the “border crisis”. This document serves as a potential map for what might happen with FMUs, highlights possible changes to the UC definition, and previews increased prosecution of anyone who brings an unrelated child with them to the border. The report includes a recommendation for congressional action to roll back parts of Flores related to FMUs—suggesting that Flores protections encourage people to bring children. 

5. Task Force Progress Report on Reunification of Families [PDF]

June 2, 2021, Task Force Progress Report on Reunification of Families, discussing how federal agencies reunited UCs with their families. The report provides statistics on how many were reunited, how parents were identified and contacted, and behavioral health and case management services provided to families. 

6. Senate Appropriations Committee Transcript: DHS Secretary Nielsen Discusses Rewriting TVPRA [PDF]

May 8, 2018, Senate Appropriations Committee meeting in which DHS Secretary Nielsen discussing rewriting TVPRA, ending the Flores settlement, and prosecution of fraudulent families as a priority (as loopholes to “legal” migration).  

7. Talking Points on Expanding Use of DNA Testing  [PDF]

Priority for March 2018 Meeting: Expanding use of DNA testing to verify validity of and establish familial relationships.

8. Email With Attached “DNA & UAC Fraud Reports” [PDF]

DNA/FAMU fraud stats  email, showing existence of weekly ” Family Unit Fraud, Double Helix 2.0 DNA, and UAC Fraud reports” 

9. Email Noting When Family Separation May Occur [PDF]

E-mail noting when policy to separate families may occur.

10. Transcript of Press Call on Stricter Immigration Policies for UCs [PDF]

Transcript of a Press Call which makes a call for stricter immigration policies to protect UCs.

11. Talking Points on the Administration’s Separation of Families [PDF]

Press release stating the administration has not created a policy of separating families at the border and denying that children are not well taken care of while in DHS and HHS custody.  

12. Memo on Income Requirement for Sponsors [PDF]

This memo excerpt details how HHS does not ensure a sponsor has “adequate” income to support a UC.  

13. Email Response from Brian Kurkjy on Family Separation [PDF]
Email sent on May 19, 2019, from Brian Kurkjy

Responding to questions regarding children who were separated from their parent and whose parents were subsequently sent to Mexico.  

14. Email Chain from Olivia Ryan, ORR Intakes Supervisor, Regarding Keeping Families Together Under Title 42 [PDF]

Email chain sent from Olivia Ryan (Intake Supervisor, ORR) stating that before Title 42, CBP would refer any children traveling with a relative who was not a parent/legal guardian to ORR as a UC.

15. Joint Status Conference Transcript from Ms. L Lawsuit describing Family Reunification Efforts [PDF]

This Joint Status Conference transcript from the Ms. L Lawsuit describes efforts to reunite families, challenges encountered in the reunification process, and the next steps required for the Government to continue family reunifications. 

16. Juvenile and Family Residential Management Unit Field Office Juvenile Coordinator Handbook Enforcement and Removal Operations [PDF]

This handbook is the ICE November 2021 Juvenile and Family Residential Management Unit Field Office Juvenile Coordinator Handbook Enforcement and Removal Operations.  The handbook is an operational guide for Field Office Juvenile Coordinators on processing, transporting, managing, and removing minors encountered by DHS. 

17. DHS FY 19 Budget Request Hearing – Q&A on Separation of Families [PDF]

This is a Q&A statement from DHS in a “DHS FY 19 Budget Request” hearing, presumably in 2019, regarding what circumstances DHS components separate minor children from a parent or guardian.

18. Oversight of HHS and DHS Efforts to Protect UAC from Human Trafficking and Abuse Hearing – Q&A on UACs Referred [PDF]

This is a Q&A from a hearing called “Oversight of HHS and DHS Efforts to Protect Unaccompanied Alein Children from Human Trafficking and Abuse” containing statistics and a statement on UACs apprehended, deemed inadmissible, and voluntary returned to their home country in 2017 and 2018. Answer includes tracked changes indicating that at the time, DHS was still working to finalize methodology for collecting data on the number of children encountered with a parent/family member/guardian who are subsequently referred to HHS.

19. Oversight of DHS Hearing – Q&A on DHS OIG/GAO Family Reunification Database [PDF]

This is a response to a question during a December 20, 2018 hearing on the “Oversight of the Department of Homeland Security,” containing information from DHS explaining how CBP, ORR, DHS, and HHS handle and process UACs and reunite them with their families, and how it tracks this data within its internal systems.

20. Appropriations Committee (Senate) – Q&A on Separation of Children [PDF]

This is a response to a question during a Senate Appropriations Committee that contains a statement from DHS explaining how an adult’s level of criminality determines whether they will be separated from the child.

21. ICE FOJC Training Handbook [PDF]

This is an ICE FOJC (Field Office Juvenile Coordinator) training handbook entitled “Removal of Family Units and Unaccompanied Children” w/ information related to the process for removing UAC and family units.

22. Email from ICE ERO Assistant Directors [PDF]

This is an email on 5/4/2020 from ERO Assistant Directors to Field Office Directors and Deputy Field Office Directors with guidance from the ERO Custody Management Division’s Juvenile and Family Residential Managements Unit (JFRMU) in “matters related to juveniles and family units.” 

23. CBP COVID-19 CAPIO [PDF]

This is document outlining CBP’s enforcement efforts to prohibit certain people from entering the US under CDC orders (not Title 8) during COVID-19.

24. CBP Email re Family Separation and Title 42 [PDF]

Email from Acting Deputy Chief of Border Patrol to BP field chiefs, deputies re “Family Separation and Title 42” dated March 12, 2021.

25. Email with FMUA Separation Memo 19-36768 [PDF]

This email with the subject line “Minor Parent Information” includes reminder information about UC definition, TVPRA rights and process, and guidance regarding whether a child should remain with their adult parent or guardian, or be processed as a FAMU. CBP Form 93 should document the relationship between UC parent and adult parent. The email also contains an “FMUA Separation memo,” and guidance specifically as to vetting for possible trafficking.

26. US Border Patrol Family Unit Separation Guidance [PDF]

This is a memo called “U.S. Border Patrol Family Unit Separation Guidance” detailing CBP’s policy and procedures for family separations, including relevant legal definitions.

27. Form 0852 Guidance Memo [PDF]

This is a memo from Carla L Provost, Chief of U.S. Border Patrol, to All Chief Patrol Agents and ALl Directorate Agents regarding Guidance on Form 0852, dated September 16, 2019. The memo describes the process for using this form. Form 0852 provides parents and legal guardians who are separated from their child with points of contact at ICE and HHS.

28. Interim Guidance on Preliminary Injunction in Ms. L v. ICE [PDF]

This is a memo issued by Kevin K. McAleenan, Commissioner, directed to Carla L. Provost, Chief of U.S. Border Patrol and Todd C. Owen, Executive Assistant Commissioner, Office of Field Operations regarding Interim Guidance on the Preliminary Injunction issued in Ms. L v. ICE, dated June 27, 2018.

29. CBP Information for Parents Form (Form 0852) [PDF]

This document is a Copy of Form 0852 in English and Spanish.

30. OFO Spreadsheet of Family Units Encountered [PDF]

This is a OFO Spreadsheet of Family Units encountered under Title 42: “Title 42 FMUA-UAC-AM.”
 
Data: Fiscal Year/Month, Field Office, Disposition, Custody status, Family unit event count (March 2020 – Feb 2022) 

31. OFO Spreadsheet of Family Units Encountered (cont.) [PDF]

This is a OFO Spreadsheet of Family Units encountered under Title 42: “Title 42 FMUA-UAC-AM.”

Data: Fiscal Year/Month, Field Office Name, Disposition Name, Latest Custody Status, FMUA/UAC/AM/SINGLE, Unit or Subject Count”

32. Inadmissible Children Who Are Not Categorized as a Member of a FAMU or UAC Memo [PDF]

This is a memo regarding “Inadmissible Children who are not categorized as a member of a FAMU or a UAC” sent from Todd A. Hoffman, Executive Director of Admissibility and Passenger Programs of the Office of Field Operations, to the Director(a) of Field Operations and the Field Operations Academy dated October 2, 2018.  The memo defines the term “Accompanied Alien Minor” and distinguishes it from family units and unaccompanied children. Definitions of all three terms are provided.

33. Muster on Update to Family Separation Reasons [PDF]

This is a muster regarding an Update to Family Separation Reasons in the Unified Secondary system/form with a redacted screenshot of the form attached.

34. Clarifying Guidance on Separation of Family Units Due to 8 U.S.C. §1326 Prosecutions or Related Criminal History Memo [PDF]

This is a memo entitled “Clarifying Guidance on Separation of Family Units Due to 8 USC § 1326 Prosecution or Related Criminal History,” dated June 1, 2021, sent from the Executive Director of Admissibility and Passenger Programs of the Office of Field Operations to the Directors of Field Operations.

35. Email re: Family Tear Muster Sheet Material [PDF]

This is an email to “SEAL Members” regarding Family Separation Tear Sheet Muster Material dated September 10, 2019. 

36. Muster on Updated Recordation and Linking Family Units and Family Groups [PDF]

This is a Muster regarding Updated Recordation and Linking of Family Units and Family Groups dated May 9, 2022 sent from the Office of Admissibility and Passenger Programs.

37. Muster on Documenting Family Units and Properly Recording Separations [PDF]

Muster regarding Documenting Family Units and Properly Recording Separations from the Enforcement Program Division dated “Immediate.”

38. Emails on Information and Policies re Family Separation [PDF]

This is a compilation of several emails regarding specific families that were separated. They include the reasons for separation, and other reports, overviews, and statistics regarding family separations.

39. US Border Patrol Reunification Efforts in Del Rio Sector [PDF]

This document is a USBP brief on family reunification efforts  from the Del Rio Sector, dated June 14, 2019.

40. Q&A re: Family Separation [PDF]

This document contains Questions & Answers (Q&A) regarding talking points about kids being separated by CBP under “Zero Tolerance,” with numbers from 2018-2019; how many families separated; minimum age of separating child; how many families reunited; and other related info.

41. Q&A re: Flores and the TVPRA [PDF]

This document is a Q&A regarding Flores and TVPRA, among other related issues.

42. Next Steps for Families Flyer [PDF]

This is a CBP flyer called “Next Steps for Families” with steps directing what steps will happen when noncitizens are charged with illegal entry into the US and how to locate their children if they’ve been separated from them. The flyer is in English and Spanish.

43. Implementation of the CBP National Standards on TEDS Memo [PDF]

This is a memo on the implementation of CBP’s National Standards on Transport, Escort, Detention, and Search (TEDS), dated October 2015.

44. Email on Family Separation and Title 42 (redactions released) [PDF]

Email entitled “Family Separation and Title 42” from redacted to all BP Field Chiefs and BP Field Deputies, dated March 12, 2021.

45. Implementation of Court Order Regarding Flores Settlement Agreement Memo [PDF]

This is a memo regarding the “Implementation of Court Order regarding Flores Settlement Agreement,” dated October 19, 2015. The memo also includes a Weekly Muster titled identically, as well as the In-Chambers discussion of the Order in Flores as attachments.

46. Q&A re the Criminal Consequence Initiative and Operation Streamline [PDF]

Email with attached “DNA & UAC Fraud Reports”.  However, reports are not provided.  See also #24 above: CBP Email re Family Separation and Title 42 [PDF]