Detention and Asylum

Areas of Work

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Recommendations for Immigration and Customs Enforcement:

  • Develop guidelines that regulate enforcement when children are present.
  • Operations should not be carried out in locations where children are present and children should not be actively involved.
  • Officers should ensure children/dependents are left in a safe situation and that arrangements are made for their care.
  • Facilitate communication and assist parents in arranging childcare.
  • Persons apprehended or detained should be given the opportunity to make phone calls.
  • ICE or its surrogates should not transfer that person until the childcare arrangements have been made.
  • Develop screening guidelines to discern if arrestees have children or dependents.
  • Prioritize parole or release into an alternatives to detention program, for those identified as parents of children who need care.
  • Establish procedures to ensure detained parents are able to participate in family court or custody proceedings involving their children.
  • Facilitate access to resources so detained parents can comply with family court or custody orders and requirements.
  • Allow detainees regular telephone contact/ visitation with their children.
  • Institute and publicize a toll free hotline or database so attorneys, families, courts, guardians, and others can obtain up-to-date information about the location of the detained parent and how they can be contacted.
  • Allow attorneys, consular staff, and other intermediaries speedy access to all detained persons before they sign legal documents.
  • ICE should inform detainees of their right to counsel and home country consular officials and facilitate contact through free and reasonable telephone service.
  • Facilitate assistance in obtaining necessary travel documents and travel logistics so a parent can bring their child to their home country if deported.