TAKE ACTION: Ask Congress to Protect Children in Government Custody!


August 15, 2024

In recent years over 250,000 migrant children have fled poverty, violence, persecution and oppression, arriving in the United States without a parent or guardian. After being apprehended at the U.S. border, these children often spend weeks and even months in federal custody while the Office of Refugee Resettlement (ORR) determines a safe home, with family members or sponsors to care for them. While in federal custody, these children spend their time in large restrictive facilities with hundreds of other children, restrictive facilities under more controlled supervision, residential treatment facilities, group homes, and foster care families. Currently, the only form of oversight for the treatment of children in these facilities is provided by attorneys upholding the Flores Settlement Agreement, which established national minimum standards for the treatment, placement, and release of detained immigrant children. The Protection of Kids in Immigration Detention (PROKID) Act creates the necessary protections to make sure unaccompanied children have a safe environment while in our government’s care.

On November 15, 2023 Senator Kirsten Gillibrand (D – New York) and Representative Pramila Jayapal (D-WA-7) introduced the Protection of Kids in Immigration Detention (PROKID) Act to ensure a safe environment for migrant children while in government custody through additional governmental oversight. The PROKID Act would establish a permanent layer of oversight to enforce protection, accountability, and most importantly transparency for all immigrant children in government custody in the United States. Specifically, the PROKID Act would create an Office of the Ombudsperson for Immigrant Children in Government Custody under the Department of Health and Human Services (HHS).

This Ombudperson would ensure that all care for unaccompanied migrant children is compliant with governmental standards. For example, the office would ensure that children are to be held in an environment that least restricts their freedom while in custody and that the best interests of the child are taken into consideration when making decisions that affect that child. Additionally, the PROKID Act would create an expert advisory committee of immigration law and child protection specialists to report on trends from the field and advise on best practices that ensure the safe, quick, and efficient releases of immigrant children from custody. This role would also include the responsibility of investigating any and all claims of abuse, neglect and/or mistreatment of immigrant children while in government custody or foster care.

Hundreds of thousands of unaccompanied children cross the border each year, without their parents or guardians to help them navigate their first few weeks and even months in the U.S. It is up to the government to ensure that these children are treated with human dignity, have a voice, and remain safe. Here are three ways you can take action:

1. EMAIL YOUR 2 SENATORS AND 1 REPRESENTATIVE TODAY

On the right-hand side, click “Send Email” to contact your 2 Senators and 1 Representative. Be sure to insert personalized information in the sample email provided.

Sample Email to Congress:

My name is [insert name] and as your constituent from [CITY/TOWN], I ask you to protect unaccompanied children who have fled poverty, violence, persecution and oppression by cosponsoring the Protection of Kids in Immigration Detention (PROKID) Act (S.3323) or (H.R. 8536) which will create the Office of the Ombudsperson for Immigrant Children in Government Custody through legislation.

Hundreds of thousands of unaccompanied children cross the border each year. After being apprehended at the U.S. border, these children often spend weeks and even months in federal custody while the Office of Refugee Resettlement (ORR) determines a safe home, family member or sponsor to care for them. The Flores Settlement Act was created to establish national minimum standards for the treatment, placement, and release of detained immigrant children. However, the only form of oversight for children in government shelters is provided by attorneys upholding the Settlement standards. A higher level of transparency, accountability and oversight is needed to ensure the safety, protection, and dignity of these children that have no one else to protect and advocate for them when they first arrive in the U.S.

These unaccompanied children have experienced great trauma and hardship and are vulnerable to exploitation, abuse and neglect when they arrive in the U.S. The U.S. has the tools and resources needed to protect them and help them set up their new life in the United States. The PROKID Act would establish a permanent layer of oversight to enforce protection, accountability, and most importantly transparency for all immigrant children in government custody. This legislation ensures that all care for unaccompanied migrant children is compliant with governmental standards so that these children are safe and cared for.

Immigrant children who have faced poverty, oppression and violence need strengthened protections and access to safe environments and homes in order to avoid even more hardship. Please cosponsor the PROKID (S.3323) or (H.R. 8536) and help reform our system to ensure the safety of innocent children.

Thank you.

2. CALL YOUR 2 SENATORS AND 1 REPRESENTATIVE TODAY

On the right-hand side, click “Call Officials” to contact your 2 Senators and 1 Representative. Be sure to insert personalized information in the sample script provided.

Sample Script: 

Good [morning/afternoon],
I am calling as a constituent of [representative/senator] to urge [him/her/them] to protect unaccompanied children who have fled poverty, violence, persecution and oppression and are federal custody while the Office of Refugee Resettlement (ORR) determines a safe home for them by cosponsoring the Protection of Kids in Immigration Detention (PROKID) Act (S.3323) or (H.R. 8536).

Hundreds of thousands of unaccompanied children cross the border each year. After being apprehended at the U.S. border, these children often spend weeks and even months in federal custody while the Office of Refugee Resettlement (ORR) determines a safe place for them. However, a higher level of transparency, accountability and oversight is needed to ensure the safety, protection and dignity of these children that have no one else to protect and advocate for them when they first arrive in the U.S.

The PROKID Act would establish a permanent layer of oversight to enforce protection, accountability, and most importantly transparency for all immigrant children in government custody. This legislation ensures that all care for unaccompanied migrant children is compliant with governmental standards so that these children are safe and cared for.

Please cosponsor the Protection of Kids in Immigration Detention (PROKID) Act (S.3323) or (H.R. 8536) and help reform our system to ensure the safety of innocent children.

Thank you.

3. AMPLIFY ON SOCIAL MEDIA

Share this message with political leaders on social media! On the right-hand side, click “Find Legislators” to tweet at your 2 Senators and 1 Representative.

Sample Social Media Posts:

[@legislator] Unaccompanied children deserve advocates! The Protection of Kids in Immigration Detention Act adds oversight to ensure protection, accountability & transparency for migrant children in government custody. Cosponsor the PROKID Act today!

[@legislator] Please ensure that unaccompanied children in government custody are protected & treated fairly within our system. Cosponsor the Protection of Kids in Immigration Detention Act and protect children waiting to be reunified with family!

Additional Resources:

Jayapal Introduces Legislation Protect Immigrant Children

Gillibrand Sponsors PROKID

SB 3323 – Bill Text