Redefining “Unaccompanied Children” [FOIA Library: Unaccompanied Children and Non-Parental Family Members]

These documents focus on proposed policy and legal changes affecting unaccompanied children (UC) in the U.S. immigration system. A Senate Judiciary Committee hearing transcript calls for partially repealing the Flores Agreement, arguing that changes are needed to prevent mishandled family separations. 

Policy proposals outlined in “Emergency Legislative Recommendations” aim to significantly tighten immigration procedures for children. These include narrowing the definition of who qualifies as an unaccompanied child under Flores, requiring asylum claims to be made at ports of entry, allowing repatriation of children to their home countries, expanding DHS discretion to keep certain family units together in detention, and permitting CBP to collect biometric data (including photos and DNA) from children of all ages. 
 
Several internal ICE and CBP documents clarify how unaccompanied children are defined and processed under existing law. A 2020 ICE directive emphasizes strict application of the statutory definition of an unaccompanied child, while related materials detail procedures for reassessing a child’s unaccompanied status. Guidance from CBP (based on the 2008 TVPRA) explains how officers determine whether a child is unaccompanied, what counts as valid guardianship, and when a child must enter removal proceedings. 
 
Finally, ICE policy guidance highlights reliance on CBP’s initial determination of unaccompanied status within the first 72 hours of encounter, noting that maintaining this process helps avoid legal and operational delays. Overall, the documents show a push to redefine eligibility, streamline enforcement, and expand agency discretion in handling unaccompanied children.