Should HHS Have to Check on Immigrant Kids Released From Its Custody?

What’s the story?

• A senior Health and Human Services official told a Senate panel on Thursday that the federal government does not have the responsibility to keep track of immigrant children released from its custody.
• Jonathan White, who oversees the care of minor children for HHS, told the Senate Subcommittee on Investigations that federal law only requires his department to care for unaccompanied minors while they’re in the custody of the agency. He added that if harm comes to the child after being released from the HHS’s Office of Refugee Resettlement (ORR) to a sponsor, there is no federal law that requires his agency to follow up.

"The custodial relationship does end when those children exit [ORR]," White said. "We are not a law enforcement agency."

• The hearing came a day after a bipartisan group of senators issued a blistering report criticizing HHS and Homeland Security for not taking basic steps to ensure that immigrant minors are cared for after they’re released from government custody to await court proceedings.

What did lawmakers on the panel say?

• Sen. Rob Portman (R-OH), who chairs the subcommittee, tweeted:

• Portman became increasingly upset throughout the hearing as representatives from four different government agencies explained how they were not responsible for the care of those children.
• "That's the whole point here," Portman responded. "No one's responsible."
• Sen. Tom Carper (D-DE), the subcommittee’s ranking member, said the federal government is "failing in our responsibility" to protect immigrant minors.
• Sen. Heidi Heitkamp (D-ND) said she was "frustrated" and "sickened" by the Trump administration's "see no evil" approach to the treatment of children released from federal custody.
• In response to White telling senators, “We have neither the authorities nor the appropriations to exercise that degree of oversight after minors exit (government) care,” Portman responded:

“As you know Commander White, this is where we have a difference of opinion. We believe Congress has given you that authority. And by the way if you don’t, who does?”

What do you think?

Sens. Portman and Carper said they’re considering legislation that would require HHS to increase its role in ensuring the safety of minors after they leave government care. Would you support that measure? Or do you agree with White that HHS is “not a law enforcement agency”? Hit Take Action and tell your reps, then share your thoughts below.

—Josh Herman

(Photo Credit: U.S. Customs and Border Protection)