Age Determination Practices for Unaccompanied Alien Children in ...

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In response to the TVPRA, HHS released program instruction onage determinations in March 2009. As of September 2009, thisguidance had been signed by the acting director of ORR. Beforereleasing its own updated field guidance, however, ICE indicatedthat it is awaiting the release of HHS’ finalized policy on agedeterminations.HHS’ guidance contains the essential elements of ICE’s 2004policy in that DHS and HHS will use documentation, statementsfrom the alien and other individuals, record checks, and bone ordental examinations as part of the age determination process.Compared with ICE’s 2004 guidance, however, HHS’ procedureslimit the types of people who can provide statements on an alien’sage to the alien, the alien’s parents, and those encountered with thealien. 4 The standard in ICE’s 2004 guidance is broader, directingofficers to consider statements from those with a personalknowledge of the alien’s age that the ICE officer concludes cancredibly attest to the age of the alien.Another significant difference is that HHS’ guidance does notinclude appearance or behavior as criteria for evaluating whetheran individual is an adult or juvenile, but instead lists appearance asa challenge to the age determination process. It identifiesadditional challenges as diminished mental capacity, contradictoryor fraudulent documents and statements, and unavailabledocumentation on date of birth.ICE’s 2004 guidance does comprehensively address the uses andlimitations of radiography for making age determinations,something HHS’ program instruction excludes. HHS also includesa requirement on the use of radiographs as a last resort and onlywhen other information listed in the guidance is not available. Italso instructs those using radiographs to favor determining thealien to be a minor if the results are ambiguous.Figure 3 offers a basic comparison of elements of ICE’s 2004HHS’ 2009 policies.4 HHS also allows sworn affidavits from parents or other relatives if the alien is already in HHS custody.Age Determination Practices for Unaccompanied Alien Children in ICE CustodyPage 15
Figure 3. Information Used in Age DeterminationsSource: OIG Comparison of ICE DRO and HHS ORR policy documentsWhile these policies are similar in most respects, it is important forICE to release updated instructions to field officers that clarifyICE’s post-TVPRA approach to age determinations and conform toHHS’ guidance. In particular, field offices should receiveinstruction on the role that appearance and behavior play inconsidering whether an individual should be placed as an adult orjuvenile, as well as the types of individuals who can provideinformation on a detained alien’s age. Procedures for handlingindividuals suffering from mental disabilities would aid fieldpersonnel when faced with such a scenario. ICE should alsoaddress the important role consulates can play for helping toestablish the age of individuals in custody, when such a step wouldnot adversely affect the alien.ConclusionBased on our review of specific documentation and interviewswith relevant officials, we conclude that ICE officials maintain akeen awareness of the limitations of radiography and a preferencefor establishing age by other means.Legal requirements to place all unaccompanied juveniles in HHScustody make the timing of age determinations critical. ICE doesnot, however, immediately or simultaneously receive all theinformation mentioned. The A-files we reviewed did notdocument the decision process used by ICE to determine age, orthe specific information and evidence that contributed to the agedetermination. In some files, officers included a “note to file”Age Determination Practices for Unaccompanied Alien Children in ICE CustodyPage 16
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 16 and 17: do not use radiographic exams, othe
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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