Who Are UACs?
By Natalie Foote, RILA President/CEO
A child who arrives at the U.S. border without a parent is referred to by immigration officials as an “unaccompanied alien child,” or UAC. The word “alien” seems altogether inappropriate to describe a person, much less a child. However, this legal term remains, as does the foreignness it carries.
Recently UACs are making national headlines. The number of migrant children detained at the U.S. border has tripled in the past two weeks. Many more are being detained by Mexican authorities. By law, migrant children may be held in detention centers at the U.S. border no more than 72 hours before being transferred to a U.S. Health and Human Services Department (HHS) approved shelter. With thousands of immigrant children arriving at the border and a limited number of approved shelters, complying with this requirement is proving to be nearly impossible. A temporary solution, which also brings a crisis-feel to the situation, is a new plan to house up to 3,000 immigrant teens at the Dallas Convention Center. The current administration has also stated its intention to reinstate a program that allows for some Central American children who have a parent legally residing in the United States to apply for status while in their home countries, allowing them to safely enter the United States. Reinstating this program is certainly part of a long-term solution, but it does little to respond to the immediate issue at the U.S. border.
The current situation is decades in the making and impossibly complex--a tangled knot of historical, sociopolitical and cultural factors, which does not exclude U.S. actions and policies that have contributed to and exacerbated the problem of conflict-driven migration from Central America. God help the U.S. government and those governments of our Central American neighbors as they work to restore peace, stability, healing and immigration policies that are humane, fair and just: an outcome to a problem that has so far been elusive to government leaders.
But UACs, those children and teens arriving at our border--especially those who are alone, running from something, and looking for someone--are not a problem to be solved. At RILA we believe they are to be cared for in the same way that we would want for our own children. And they are to be given the best possible opportunity to live in safety and, if eligible, to apply for legal status and protection.
From October 2014 through December 2020, more than 250,000 UACs were released to sponsors in the United States. In raw numbers, almost half went to sponsors in the largest states, but when adjusted for population, Maryland, D.C. and Virginia are home to more UACs than any other area in the United States. RILA currently represents 44 UACs, all of whom entered the United States between 2017 and 2020, a fraction of the total number of UACs living in the United States. However, the lives of RILA’s 44 UACs tell an immigration story of thousands of unaccompanied children compelled by circumstances beyond their control or will to journey to the United States alone.
Those circumstances happen when things fall apart. This happened for Sofia (name of RILA client has been changed) and her family. When she was eight years old, Sofia’s mother was shot and killed by gang members outside her home. Afterwards, Sofia moved in with her aunt who lived a few hours away, but her older brothers stayed in her hometown. A few months later, all three of her older brothers were killed. Afraid for her life, eight-year-old Sofia journeyed to this country with the help of a hired guide. Now reunited with her father, Sofia is safe, though her loss is unspeakable and one that she will feel for the rest of her life. RILA applied for asylum on Sofia’s behalf, and she is currently awaiting her asylum interview and her court date.
What we see each day is that for most UACs, one day it becomes crystal clear that remaining in their home countries means imminent death, always figuratively and often literally. For Sofia, it was the day her brothers were killed. For others, it is the day they quit school to escape death threats, or when they realize they could never go outdoors without paralyzing fear. Or the day when one client understood she would never be free of the daily beatings or sexual assault of her step-father. Or, there was a day when they faced a choice, to either join or at least cooperate with the horrifically dangerous transnational gangs and their local affiliates, or live in fear until their life or someone they love is taken from them. It is staring down a road that leads to an impenetrable wall, stretching to infinity on either side and toward the sky. There is no way out. And facing that life, which is no life at all, the choice to abandon home for the United States is not easily made; but it is the only viable option.
As a small nonprofit organization that just turned five years old, RILA’s capacity is limited but growing. We provide the best, most comprehensive legal representation possible to the most vulnerable UACs, which restrains our ability to expand too quickly. More help is needed. Many UACs are eligible for legal status, but they cannot apply on their own, and they cannot afford private attorneys. There are far more UACs in need of help than there are organizations that can provide it. Furthermore, most UACs have experienced a lifetime of trauma and loss in their short lives, and they and their families need support to restore their souls and heal. Too often, UACs are re-traumatized in the United States through exploitation of all kinds, which is devastating to their recovery.
We need more attorneys who are willing to give their time to represent UACs in applying for asylum and other immigration benefits for which they may be eligible. In doing so, the attorney has the opportunity to give a UAC the invaluable gift of security and hope, and to change the course of their life. Ultimately we must find a comprehensive, humane and wise approach to the UACs at the U.S. border and those already here, and expand our hearts and imagine being in their circumstances. Because what we see is that UACs, in their journeys, overcome and heal and become remarkably strong, compassionate and lovely young adults, whom we are all privileged to know.
Natalie Foote is President and CEO of Restoration Immigration Legal Aid (RILA), a nonprofit based in Arlington, VA. RILA cares for and legally represents the most vulnerable immigrants in the DC area, including UACs.