An estimated 291,000 illegal immigrant children may be unaccounted for under the Biden-Harris administration after crossing the border unaccompanied. Concerns have arisen that these children were not properly processed by the relevant agencies tasked with tracking them through court dates and scheduled appearances. Notably, around 90,000 children who crossed the border in 2021 have yet to receive a court date, reports the New York Post. This information is detailed in a report titled “Management Alert – ICE Cannot Monitor All Unaccompanied Migrant Children Released from DHS and U.S. Department of Health and Human Services’ Custody.”

According to the report from the Department of Homeland Security’s Inspector General, between Fiscal Year 2019 and 2023, ICE transferred over 448,000 illegal immigrant children to the Department of Health and Human Services (HHS), the federal agency responsible for placing unaccompanied children (UC) in the U.S. Of these, 32,000 children failed to appear for scheduled court dates, and 291,000 were not issued notices to appear in court.

The report states:
“U.S. Immigration and Customs Enforcement (ICE) could not monitor the location and status of all unaccompanied migrant children (UCs) or initiate removal proceedings as needed. During our ongoing audit to assess ICE’s ability to monitor the location and status of UCs who were released or transferred from the custody of the Department of Homeland Security and U.S. Department of Health and Human Services (HHS), we learned ICE transferred more than 448,000 UCs to HHS from fiscal years 2019 to 2023. However, ICE was not able to account for the location of all UCs who were released by HHS and did not appear as scheduled in immigration court. ICE reported more than 32,000 UCs failed to appear for their immigration court hearings from FYs 2019 to 2023.”

Additionally, although HHS is responsible for the care and custody of UCs, ICE did not consistently inform HHS’s Office of Refugee Resettlement (ORR) when UCs failed to appear in immigration court after being released from HHS custody. Officers at only one of the eight field offices visited stated they had attempted to locate the UCs. Furthermore, ICE did not issue Notices to Appear (NTAs) to all UCs who warranted placement in removal proceedings. As of May 2024, over 291,000 UCs had not been served NTAs, meaning they do not have scheduled immigration court dates.

The report cites issues with reporting and data standards and urges immediate action to ensure the safety of UCs residing in the United States. It warns that UCs who do not appear for court are at higher risk for trafficking, exploitation, or forced labor. The report concludes that ICE’s failure to issue NTAs and monitor the location and status of these children leaves them vulnerable and without assurance of their safety.