Age Determination Practices for Unaccompanied Alien Children in ...

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do not use radiographic exams, others indicated that a radiographicexam is used when ICE must verify age in the absence of requesteddocumentation or other credible information.One advantage of using radiographs is that they can be completedquickly. A comparison between the requested dates forradiographs and the actual examination, when such a comparisonwas possible, showed that for 42 of the 49 cases in our sample, theradiographs took place on average within 1 day of the request. Intwo of those cases, radiographs were conducted before the requestswere submitted, suggesting that ICE officers may seek approvalretroactively. This fast turnaround can be an important advantagegiven ICE’s time constraints and when other age-relatedinformation is not forthcoming. Officials in DRO and DHS’Office for Civil Rights and Civil Liberties noted that the FloresSettlement Agreement time constraints create pressures on ICE tomake age determinations as soon as possible. Juvenilecoordinators indicated that radiographs can be done within a shorttimeframe.Information From Other IndividualsICE officers also make efforts to acquire information on an alienfrom others with whom the individual was apprehended. Someindividuals have contact information for family in the UnitedStates. In these cases, ICE can attempt to contact relatives to seekconfirmation of the individual’s age, as well as start to identifylegal guardians.DocumentationIn practice, ICE officers indicated a preference for credibledocumentation to establish date of birth. Examples of thesedocuments include birth certificates, identity cards, school andbaptismal records, passports, and other travel documents.Officers attempt to obtain documentary evidence from the aliens,their families, or their home country consulate. Documentationattesting to the alien’s date of birth was included in 32 of the 49 A-files with evidence of radiographs.Consular InvolvementAn ICE officer’s contact with consulates can be helpful inestablishing an individual’s age. Consulates have some ability toprovide or verify documentation and confirm informationpreviously provided to ICE. They can also acquire and verifyAge Determination Practices for Unaccompanied Alien Children in ICE CustodyPage 13
information through their interviews with detained aliens.Consulates can also compare an alien’s biographical information torecords in their data systems to verify information provided to ICE.Juvenile coordinators agreed that consulates tend to be veryresponsive to juvenile cases; however, their response times variedby case. Overall, juvenile coordinators said that ICE officerscontact consulates regularly as they attempt to acquire additionalinformation about a potential juvenile. Documented involvementby the alien’s home country consulate was included in 23 A-filesthat also had radiographs.Figure 2 shows the different combinations of informationcontained in the 49 A-files that also contained results from aradiograph.Figure 2. A-Files with Evidence of a RadiographSource: A-file review and OIG AnalysisICE Needs to Provide Instructions to Field Offices forImplementing HHS GuidanceThe TVPRA provided DHS and HHS with direction fordeveloping procedures for age determinations. In addition tocharging HHS with the development of procedures for making agedeterminations in consultation with DHS, the TVPRA permits thenonexclusive use of radiographs for age determinations.Age Determination Practices for Unaccompanied Alien Children in ICE CustodyPage 14
Page 3: Table of Contents/AbbreviationsExec
Page 8: Figure 1. Age Determinations in DHS
Page 12 and 13: process and indicated that notice o
Page 14 and 15: According to ICE’s guidance, sour
Page 18 and 19: In response to the TVPRA, HHS relea
Page 20 and 21: marking the date an age determinati
Page 22 and 23: proximity to the office. Other coor
Page 24 and 25: that reflects age determination pro
Page 26 and 27: Appendix BManagement Comments to th
Page 28 and 29: Appendix CMajor Contributors to Thi
Page 30: ADDITIONAL INFORMATION AND COPIESTo

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