Miyares on Unaccompanied Migrant Children

Attorney General Jason Miyares is demanding immediate action from the Biden-Harris administration in response to a troubling report released this week by the U.S. Department of Homeland Security (DHS) Office of Inspector General (OIG). The report reveals significant failures in the oversight and management of unaccompanied migrant children, contributing to thousands of children going missing after being released from federal custody.

The August 2024 DHS OIG report identifies major failures in communication and coordination among federal agencies tasked with the care and custody of these vulnerable children. Since 2019, over 448,000 unaccompanied migrant children have been transferred from the custody of U.S. Immigration and Customs Enforcement (ICE) to the custody of the U.S. Department of Health and Human Services (HHS) Office of Refugee Resettlement (ORR). Alarmingly, more than 32,000 of these children have failed to appear for their court hearings. Even more troubling, approximately 65% (291,000) of these children have not been scheduled for future legal proceedings due to routine failures in scheduling court dates and serving notices.

“The disappearance of even one child is a tragedy, but the bureaucratic failures that have led to the loss of hundreds of thousands of unaccompanied migrant children is nothing short of a crisis,” said Attorney General Miyares. “Federal, state, and local authorities must work together to establish a seamless system that prioritizes the safety and well-being of these children. This is not just a federal issue—it is a national crisis that requires full commitment and cooperation from all levels of government.”

The report also underscores the limited authority of ICE to respond to unsafe conditions involving unaccompanied migrant children. In one horrific case, an ICE employee reported being unable to intervene when a sponsor disclosed an inappropriate relationship with a child. Additionally, a previous report from the HHS Office of Inspector General revealed that as many as 85,000 children are unaccounted for and may have been released into dangerous situations, including human trafficking.

Virginia law enforcement agencies are committed to protecting their communities and locating any missing or exploited individuals. However, when unaccompanied migrant children are relocated to different communities, the federal government refuses to notify local law enforcement or social services.

In February, Attorney General Miyares sent a letter to President Biden and the U.S. Secretary of Health and Human Services raising concerns about the federal mismanagement of unaccompanied migrant children and advocating for enhanced collaboration among federal, state, and local governments. In April, he followed up with another letter outlining specific recommendations to improve communication, coordination, and safeguards to ensure the safety of these children.