California Democrat moves to strengthen state’s oversight of unaccompanied immigrant children

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In the wake of a recent influx of migrants arriving to the U.S.-Mexico border, a Democratic lawmaker is carrying a bill that would strengthen the state’s mandate to look out for the welfare of unaccompanied immigrant children housed in state-licensed facilities across California.

After four years of the Trump administration’s strict immigration policies, Assemblyman Robert Rivas, D-Hollister, said more must be done on a federal and state level to protect immigrant children arriving to the U.S. after fleeing poverty and violence in their home countries.

His Assembly Bill 1140 would explicitly charge the California Office of the Foster Care Ombudsperson to provide oversight over the treatment of unaccompanied immigrant children staying in state-licensed facilities run by the Office of Refugee Resettlement, a program under the U.S. Department of Health and Human Services.

“California’s foster care system lacks explicit protections for unaccompanied immigrant children,” Rivas said. “That’s why we’re seeking to address this, to clarify this, to ensure that these children do have a level of protection and that they’re getting the services that they need.”

Migrant children under the age of 18 who are not accompanied by a parent or legal guardian upon arrival to the U.S. are considered unaccompanied minors. After being apprehended at the border, unaccompanied minors are typically placed in ORR facilities until they can be reunited with a family member, sponsor or placed in foster care. Over 30,000 children have been released to sponsors in California since 2014, according to data from the Office of Refugee Resettlement.

The proposed legislation comes nearly two years after attorneys with Disability Rights California released a report that said “ORR assessments and services fall short as compared to California state standards.” The nonprofit disability rights group also found that ORR policies and requirements lacked adequate medical care and mental health assessments, as well as special education services, for children staying in those facilities.

“This raises serious concerns that there is a lack of regulatory guidance and oversight to ensure that immigrant children, particularly those with disabilities, receive the supports and services they need,” according to the report.

Under the bill, the California Office of the Foster Care Ombudsperson would investigate and attempt to resolve complaints made by or on behalf of unaccompanied children and document the location and nature of complaints.

“California is definitely home to more unaccompanied children than any other state in the country,” said Cindy C. Liou, state policy director for the organization, Kids in Need of Defense, a co-sponsor of the bill. “As children are coming to the border, it does mean that these types of facilities will be at capacity and so this issue more than ever will be important.”

Other co-sponsors of the bill include the Youth Law Center, Legal Services for Children, Immigrant Defense Advocates and the Vera Institute of Justice.

“Even though immigration is a federal issue, we have to ensure that as a state we’re setting the national example when it comes to protecting our children, even our undocumented immigrant children,” Rivas said.

This story was originally published April 8, 2021 at 6:00 AM with the headline "California Democrat moves to strengthen state’s oversight of unaccompanied immigrant children."