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1 1 (April 9, 2021)

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              Congressional
          ~tResearch Servi e





Increasing Numbers of Unaccompanied Alien

Children at the Southwest Border



Updated April 9, 2021
In the first six months of FY2021, encounters (apprehensions or expulsions) of unaccompanied alien
children (UAC) at the U.S. -Mexico border with the Department of Homeland Security's (DHS's) U.S.
Customs and Border Protection (CBP) have exceeded the level reached for all of FY2020. While the
number of UAC  encounters declined substantially from FY2019 to FY2020, in large part because of the
Coronavirus Disease 2019 (COVID-19) pandemic, they have rapidly increased in the past two months.
March UAC  encounters were the highest monthly total on record.
The Department of Health and Human Services (HHS) Centers for Disease Control and Prevention
(CDC) is currently exercising an authority under Title 42 of the U.S. Code (public health) that permits
DHS  to rapidly expel all individuals without a valid visa or who are apprehended between official ports of
entry in order to prevent the spread of COVID-19 (expulsions). Under the Biden Administration,
unaccompanied children have been exempted from this policy and are no longer being expelled under
Title 42. Instead, they are all being taken into custody under Title 8 of the U.S. Code (immigration law),
as in prior years (apprehensions).
Unaccompanied  alien children are statutorily defined as children who lack lawful immigration status in
the United States, are under age 18, and lack a parent or legal guardian in the United States or a parent or
legal guardian in the United States who is available to provide care and physical custody. UAC treatment
and processing at U.S. borders is governed by several statutes and a legal settlement. These provisions
require that UAC who arrive at the U.S. border and are not from contiguous countries be transferred to the
custody of HHS's Office of Refugee Resettlement (ORR) and allowed to apply for asylum or other forms
of immigration relief. Special provisions permit CBP to quickly repatriate Mexican and Canadian
unaccompanied children who are not trafficking victims or who do not fear persecution in their home
countries.
UAC  apprehensions have fluctuated substantially in the past decade. They increased from 16,067 in
FY2011 to 68,541 in FY2014, a record high at the time. They declined to 39,970 in FY2015, increased to
59,692 in FY2016, declined to 41,435 in FY2017, and increased to 50,036 in FY2018. In FY2019, they
reached anew record high of 76,020. FY2020 saw a decline to 30,557 encounters (19,618 Title 8
apprehensions and 10,939 Title 42 expulsions) because of the pandemic. In the first six months of
FY2021, encounters reached 47,642 (42,995 apprehensions and 4,647 expulsions).
According to CBP data, almost all apprehended UAC originate from Mexico and the Northern Triangle
countries-Honduras, El Salvador, and Guatemala. In FY2011, Mexican children accounted for 73% of
UAC  apprehensions, while those from the Northern Triangle countries accounted for 27%. By FY2019,
the proportions had flipped, with Mexican nationals comprising 14% of all UAC apprehensions at the

CRS INSIGHT
Prepared for Membersand
Committeesof Congress

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