98-19712. Processing, Detention, and Release of Juveniles  

  • [Federal Register Volume 63, Number 142 (Friday, July 24, 1998)]
    [Proposed Rules]
    [Pages 39759-39763]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-19712]
    
    
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    DEPARTMENT OF JUSTICE
    
    Immigration and Naturalization Service
    
    8 CFR Part 236
    
    [INS No. 1906-98]
    RIN 1115-AFO5
    
    
    Processing, Detention, and Release of Juveniles
    
    AGENCY: Immigration and Naturalization Service, Justice.
    
    ACTION: Proposed rule.
    
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    SUMMARY: This rule proposes to amend the Immigration and Naturalization 
    (Service) regulations by establishing the procedures for processing 
    juveniles in Service custody. The new rule sets guidelines for the 
    release of juveniles from custody and the detention of unreleased 
    juveniles in state-licensed programs and detention facilities. The rule 
    also governs the transportation and transfer of juveniles in Service 
    custody.
    
    DATES: Written comments must be submitted on or before September 22, 
    1998.
    
    ADDRESSES: Please submit written comments, in triplicate, to the 
    Director, Policy Directives and Instructions Branch, Immigration and 
    Naturalization Service, 425 I Street, NW., Room 5307, Washington, DC 
    20536. To ensure proper handling, please reference INS No. 1906-98 on 
    your correspondence. Comments are available for public inspection at 
    the above address by calling (202) 514-3048 to arrange for an 
    appointment.
    
    FOR FURTHER INFORMATION CONTACT:
    John J. Pogash, Headquarters Juvenile Coordinator, Immigration and 
    Naturalization Service, 425 I Street, NW. Room 3008, Washington, DC 
    20536, telephone (202) 514-1970.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
    What is the basis for the proposed rule?
    
        The Service has settled Flores v. Reno, the class-action lawsuit 
    filed as a challenge to the Service's policies on the detention, 
    processing, and release of juveniles. Although certain aspects of the 
    lawsuit were won previously by either the plaintiffs or the Service, 
    the parties resolved the remaining aspects in a comprehensive 
    settlement that addressed juvenile processing, transport, release, and 
    detention. The substantive terms of the settlement form the basis for 
    the proposed rule.
    
    [[Page 39760]]
    
    Has there been any previous opportunity to comment on the terms of the 
    proposed rule?
    
        The parties to the Flores v. Reno lawsuit provided the plaintiff 
    class, composed of all juveniles in Service custody, a 30-day 
    opportunity to object to the terms of the settlement agreement. In the 
    absence of any objection, the federal court approved the terms of the 
    settlement agreement, which now forms the basis for the proposed rule.
    
    Explanation of Changes
    
    What changes are being made to the regulations?
    
        The proposed rule establishes the framework for the processing, 
    release, and detention of juveniles in Service custody. The proposed 
    rule revises Sec. 236.3. The section is redesignated: ``Sec. 236.3 
    Processing, detention, and release of juveniles.''
        The rule maintains the substance of former sections Sec. 242.24(f), 
    (g), and (h) regarding notice to parents of juveniles' applications for 
    relief, voluntary departure, and the notice and request for 
    disposition. The language of former Sec. 242.24(g) and (h) has been 
    amended and redesignated as, respectively, paragraphs (c)(3) and (c)(2) 
    of this section. The rule amends those provisions to conform more 
    accurately to the terms of the federal court's ruling in Perez-Funez v. 
    District Director, 619 F. Supp. 656 (C.D. Cal. 1985). The court's 
    decision in that case required the Service, prior to offering voluntary 
    departure from the United States in lieu of deportation, to provide a 
    simplified rights advisal to each juvenile who was unaccompanied by a 
    natural or lawful parent when taken into custody. (The court also 
    required the Service to provide other safeguards, such as the 
    opportunity to place telephone calls to family members, friends, or 
    legal representatives prior to being offered voluntary departure. The 
    Service previously implemented those safeguards at former 
    Sec. 242.24(g) and now maintains them in paragraph (c)(3) of this 
    section.) The required rights advisal is incorporated into the Form I-
    770, Notice of Rights and Request for Disposition. This form explains 
    the minor's rights to make telephone calls, to be represented by an 
    attorney, and to have a removal hearing. Although the Form I-770 
    accurately states that the proper recipients of the form are those 
    juveniles who are unaccompanied by a natural or lawful parent, the 
    former regulation at Sec. 242.24(g) and (h) was overly broad in stating 
    that the Service should apply the voluntary departure procedures to any 
    juvenile alien apprehended by the Service. Therefore, the proposed rule 
    amends the regulatory language to comport with the court's ruling in 
    Perez-Funez and the instructions on the Form I-770.
        Similarly, the rule proposes to amend the former language of 
    Sec. 242.24(h) to make it clear that the Service must serve the Notice 
    of Rights (Form I-770) only upon those juveniles who are not ``arriving 
    aliens'' as defined at Sec. 1.1(q). That section defines an ``arriving 
    alien'' as ``an applicant for admission coming or attempting to come 
    into the United States at a port-of-entry, or an alien seeking transit 
    through the United States at a port-of-entry, or an alien interdicted 
    in international or United States waters and brought into the United 
    States by any means, whether or not to a designated port-of-entry, and 
    regardless of the means of transport. . . .'' The amended language in 
    paragraph (c)(2) of this section accurately reflects that section 240B 
    of the Immigration and Nationality Act (the Act) explicitly states that 
    voluntary departure is not available to ``an alien who is arriving in 
    the United States.'' The proposed rule's amended language will avoid 
    any confusion caused by the Service of the Form I-770 on an arriving 
    alien juvenile.
        Adding new regulatory language on the detention and release of 
    juveniles in custody, the proposed rule provides that the Service shall 
    place detained juveniles in the least restrictive setting appropriate 
    to the juvenile's age and circumstances, so long as the placement is 
    consistent with the need to protect the well-being of the juvenile or 
    others and to ensure the juvenile's presence before the Service or the 
    immigration court. The Service will separate unaccompanied juveniles 
    from unrelated adults in detention. If the Service does not release the 
    juvenile immediately, the Service will hold the juvenile temporarily in 
    a Service facility having separate accommodations for juveniles, or in 
    a juvenile detention facility having separate accommodations for non-
    delinquent juveniles, pending placement in a state-licensed residential 
    program.
        The rule provides that if detention of the juvenile is not 
    necessary to protect the juvenile or others, or to ensure that he or 
    she will appear in immigration court, the Service shall release him or 
    her to a custodian meeting certain qualifications. The custodian will 
    be required to sign an agreement to perform several duties, including 
    providing for the juvenile's needs and ensuring the juvenile's presence 
    in immigration court. The Service may require a suitability assessment 
    and a home visit prior to releasing a juvenile to a custodian.
        If a juvenile is to remain in Service custody pending the 
    completion of his or her immigration court proceedings, the Service 
    shall place the juvenile in a State-licensed residential program. The 
    rule requires the Service to place juveniles in such programs within 
    given time periods, depending on the circumstances of the case.
        The Service may place certain juveniles in more secure detention. 
    If a juvenile has committed a crime or a juvenile delinquent offense, 
    has committed or threatened to commit violent acts, has engaged in 
    disruptive behavior, is an escape risk, or is in danger, the Service 
    may place him or her in a juvenile detention facility or a Service 
    facility having separate accommodations for juveniles.
    
    Regulatory Flexibility Act
    
        The Commissioner of the Immigration and Naturalization Service, in 
    accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has 
    reviewed this regulation and, by approving it, certifies that this rule 
    will not have a significant economic impact on a substantial number of 
    small entities. The rule addresses only government operations. It 
    places no new obligations on small entities or other private 
    individuals or businesses.
    
    Unfunded Mandates Reform Act of 1995
    
        This rule will not result in the expenditure by State, local and 
    tribal governments, in the aggregate, or by the private sector, of $100 
    million or more in any 1 year, and it will not significantly or 
    uniquely affect small governments. Therefore, no actions were deemed 
    necessary under the provisions of the Unfunded Mandates Reform Act of 
    1995.
    
    Small Business Regulatory Enforcement Fairness Act of 1996
    
        This rule is not a major rule as defined by section 804 of the 
    Small Business Regulatory Enforcement Act of 1996. This rule will not 
    result in an annual effect on the economy of $100 million or more; a 
    major increase in costs or prices; or significant adverse effects on 
    competition, employment, investment, productivity, innovation, or on 
    the ability of United States-based companies to compete with foreign-
    based companies in domestic and export markets.
    
    Executive Order 12866
    
        This rule is not considered by the Department of Justice, 
    Immigration and
    
    [[Page 39761]]
    
    Naturalization Service, to a ``significant regulatory action'' under 
    Executive Order 12866, section 3(f), Regulatory Planning and Review, 
    and has not been reviewed by the Office of Management and Budget.
    
    Executive Order 12612
    
        The regulation adopted herein will not have substantial direct 
    effects on the States, on the relationship between the National 
    Government and the States, or on the distribution of power and 
    responsibilities among the various levels of government. Therefore, in 
    accordance with Executive Order 12612, it is determined that this rule 
    does not have sufficient federalism implications to warrant the 
    preparation of a Federalism Assessment.
    
    Executive Order 12988 Civil Justice Reform
    
        This interim rule meets the applicable standards set forth in 
    sections 3(a) and 3(b)(2) of E.O. 12988.
    
    List of Subjects in 8 CFR Part 236
    
        Administrative practice and procedure, Aliens, Immigration.
        Accordingly, part 236 of chapter I of title 8 of the Code of 
    Federal Regulations is proposed to be amended as follows:
    
    PART 236--APPREHENSION AND DETENTION OF INADMISSIBLE AND DEPORTABLE 
    ALIENS; REMOVAL OF ALIENS ORDERED REMOVED
    
        1. The authority citation for part 236 continues to read as 
    follows:
    
        Authority: 8 U.S.C. 1103, 1182, 1224, 1225, 1226, 1227, 1362; 8 
    CFR part 2.
    
        2. Section 236.3 is revised to read as follows:
    
    
    Sec. 236.3  Processing, detention, and release of juveniles.
    
        (a) Definitions. As used in this part, the term: Chargeable means 
    that the Service has reasonable grounds to believe that the individual 
    has committed a specified offense.
        Escape-risk means that there is a serious risk that the juvenile 
    will attempt to escape from custody. Factors to consider when 
    determining whether a juvenile is an escape-risk include, but are not 
    limited to, whether:
        (i) The juvenile is currently under a final order of removal, 
    deportation or exclusion;
        (ii) The juvenile's immigration history includes: a prior breach of 
    a bond; a failure to appear before the Service or the immigration 
    court; evidence that the juvenile is indebted to organized smugglers 
    for his or her transport; or a voluntary departure or a previous 
    removal from the United States pursuant to a final order of removal, 
    deportation, or exclusion;
        (iii) The juvenile has previously absconded or attempted to abscond 
    from Service custody.
        Juvenile means a person under the age of 18 years. However, 
    individuals who have been emancipated by a state court or convicted and 
    incarcerated for a criminal offense as an adult are not considered 
    juveniles. Such individuals must be treated as adults for all purposes, 
    including confinement and release on bond. Similarly, if a reasonable 
    person would conclude that an individual is an adult despite his or her 
    claims to be a juvenile, the Service shall treat such person as an 
    adult for all purposes, including confinement and release on bond or 
    recognizance. The Service may require such an individual to submit to a 
    medical or dental examination conducted by a medical professional or to 
    submit to other appropriate procedures to verify his or her age. If the 
    Service subsequently determines that such an individual is a juvenile, 
    he or she will be treated as a juvenile for all purposes.
        Licensed program means any program, agency, or organization 
    licensed by an appropriate state agency and contracted by the Service 
    to provide residential, group, or foster care services for dependent 
    juveniles. The term may include a program operating group homes, foster 
    homes, or facilities for juveniles with special needs, i.e., mental 
    and/or physical conditions requiring special services and treatment by 
    staff. When possible, the Service shall place juveniles having special 
    needs in licensed programs with juveniles without special needs. All 
    homes and facilities operated by licensed programs shall be non-secure 
    as required under state law. All licensed programs must also meet the 
    standards for program content imposed by the Service.
        Medium security facility means a state-licensed facility that is 
    designed for juveniles who require close supervision but not secure 
    detention. Such a facility provides 24-hour awake supervision and 
    maintains stricter security measures, such as intense staff 
    supervision, than a licensed program. It may have a secure perimeter 
    but shall not be equipped internally with major restraining 
    construction or procedures typically associated with correctional 
    facilities. A medium security facility must also meet the standards for 
    program content imposed on licensed programs by the Service.
        Secure facility means a state or county juvenile detention facility 
    or a Service or Service-contract facility that has separate 
    accommodations for juveniles.
        (b) General policy. The Service will place each detained juvenile 
    in the least restrictive setting appropriate to the juvenile's age and 
    special needs, provided that such setting is consistent with the need 
    to ensure the juvenile's timely appearance before the Service or the 
    immigration court and to protect the juvenile's well-being and that of 
    others. Service officers are not required to release a juvenile to any 
    person or agency who they have reason to believe may harm or neglect 
    the juvenile or fail to present him or her before the Service or the 
    immigration court when requested to do so.
        (c) Processing. (1) Current list of counsel. Every juvenile placed 
    in removal proceedings under section 240 of the Act shall be provided a 
    current list of pro bono counsel prepared pursuant to section 239(b)(2) 
    of the Act.
        (2) Notice of rights and request for disposition. When the Service 
    apprehends a juvenile alien who is not an arriving alien and who is 
    unaccompanied by a natural or lawful parent, the Service shall promptly 
    give him or her a Form I-770, Notice of Rights and Request for 
    Disposition. If the juvenile is less than 14 years of age or is unable 
    to understand the Form I-770, it shall be read and explained to the 
    juvenile in a language he or she understands. In the event a juvenile 
    who has requested a hearing pursuant to the notice subsequently decides 
    to accept voluntary departure, a new Form I-770 shall be given to, and 
    signed by, the juvenile.
        (3) Voluntary departure. Each juvenile who is apprehended in the 
    immediate vicinity of the border while unaccompanied by a natural or 
    lawful parent, and who resides permanently in Mexico or Canada, shall 
    be informed, prior to presentation of the voluntary departure form, 
    that he or she may make a telephone call to a parent, close relative, 
    friend, or an organization found on the current list of pro bono 
    counsel. Each other juvenile who is unaccompanied by a natural or 
    lawful parent shall be provided access to a telephone and must, in 
    fact, communicate with either a parent, adult relative, friend, or an 
    organization found on the current list of pro bono counsel prior to 
    presentation of the voluntary departure form. If such juvenile, of his 
    or her own volition, asks to contact a consular officer and does, in 
    fact, make such contact, the requirements of this section are 
    satisfied.
        (4) Notice of right to bond redetermination and judicial review of 
    placement. A juvenile charged under
    
    [[Page 39762]]
    
    section 237 of the Act and placed in removal proceedings shall be 
    afforded a bond redetermination hearing before an immigration judge in 
    every case, unless the juvenile indicates on the Form I-286, Notice of 
    Custody Determination, that he or she refuses such a hearing. A 
    juvenile who is not released shall be provided a written explanation of 
    the right to judicial review of his or her placement.
        (5) Notice to parent of application for relief. If a juvenile seeks 
    release from detention, voluntary departure, parole, or any form of 
    relief from removal where it appears that the grant of such relief may 
    effectively terminate some interests inherent in the parent-child 
    relationship and/or the juvenile's rights and interests are adverse 
    with those of the parent, and the parent is presently residing in the 
    United States, the parent shall be given notice of the juvenile's 
    application for relief and shall be afforded an opportunity to present 
    his or her views and assert his or her interest to the district 
    director or immigration judge before a determination is made as to the 
    merits of the request for relief.
        (d) Custody. (1) Placement immediately following arrest. Following 
    a juvenile's arrest, the Service will provide adequate supervision to 
    protect the juvenile from others and will permit contact with family 
    members who were arrested with the juvenile. The Service will separate 
    unaccompanied juveniles from unrelated adults. Where such segregation 
    is not immediately possible, an unaccompanied juvenile will not be 
    detained with an unrelated adult for more than 24 hours.
        (2) Temporary placement. If the juvenile is not immediately 
    released from custody under paragraph (e) of this section, and no 
    licensed program is available to care for him or her, the juvenile may 
    be placed temporarily in a secure facility, provided that it separates 
    non-delinquent juveniles in Service custody from delinquent offenders.
        (3) Placement in licensed programs.
        (i) Juveniles who remain in Service custody pending the conclusion 
    of their immigration court proceedings must be placed in a licensed 
    program within:
        (A) Three calendar days if the juvenile was apprehended in a 
    Service district in which a licensed program is located and has space 
    available;
        (B) Five business days if the juvenile must be transported from 
    remote areas for processing or speaks an unusual language requiring a 
    special interpreter for processing; or
        (C) Five calendar days in all other cases.
        (ii) These time requirements shall not apply, however, if a court 
    decree or court-approved settlement requires otherwise, or an emergency 
    or influx of juveniles into the United States prevents compliance, in 
    which case all juveniles should be placed in licensed programs as 
    expeditiously as possible. For purposes of this paragraph, the term 
    emergency means an act or event (such as a natural disaster, facility 
    fire, civil disturbance, or medical emergency) that prevents timely 
    placement of juveniles. The phrase influx of juveniles into the United 
    States means any time at which the Service has more than 130 juveniles 
    eligible for placement in licensed programs, including those already so 
    placed and those awaiting placement.
        (4) Secure and supervised detention. Notwithstanding paragraph 
    (d)(3) of this section, a juvenile may be held in or transferred to a 
    secure facility, whenever the district director or chief patrol agent 
    determines that the juvenile;
        (i) Has been charged with, is chargeable, or has been convicted of 
    a crime, or is the subject of juvenile delinquency proceedings, is 
    chargeable with a delinquent act, or has been adjudicated delinquent, 
    unless the juvenile's offense is:
        (A) An isolated offense that was not within a pattern of criminal 
    activity and did not involve violence against a person or the use or 
    carrying of a weapon (such as breaking and entering, vandalism DUI, 
    etc.); or
        (B) A petty offense, which is not considered grounds for stricter 
    means of detention in any case (such as shoplifting, joy riding, 
    disturbing the peace, etc.);
        (ii) Has committed, or has made credible threats to commit, a 
    violent or malicious act (whether directed at himself or herself or 
    others) while in Service legal custody or while in the presence of a 
    Service officer;
        (iii) Has engaged in conduct that has proven to be unacceptably 
    disruptive of the normal functioning of the licensed program in which 
    he or she has been placed and removal is necessary to ensure the 
    welfare of the juvenile or others, as determined by the staff of the 
    licensed program (such as drug or alcohol abuse, stealing, fighting, 
    intimidation of others, etc.);
        (iv) Is an escape-risk; or
        (v) Must be held in a secure facility for his or her own safety, 
    such as when the Service has reason to believe that a smuggler would 
    abduct or coerce a particular juvenile to secure payment of smuggling 
    fees.
        (5) Alternatives. The Service will not place a juvenile in a secure 
    facility pursuant to paragraph (d)(4) of this section if less 
    restrictive alternatives are available and appropriate in the 
    circumstances, such as transfer to a medium security facility that 
    provides intensive staff supervision and counseling services or 
    transfer to another licensed program.
        (6) Approval and notice. All determinations to place a juvenile in 
    a secure facility will be reviewed and approved by the Service regional 
    Juvenile Coordinator. Service officers must also provide any juvenile 
    not placed in a licensed program with written notice of the reasons for 
    housing the juvenile in a secure or medium-security facility.
        (7) Service custody. All juveniles not released under paragraph (e) 
    of this section remain in the legal custody of the Service and may only 
    be transferred or released under its authority; provided, however, that 
    in the event of an emergency, a licensed program may transfer temporary 
    physical custody of a juvenile prior to securing permission from the 
    Service but shall notify the Service of the transfer as soon as is 
    practicable, but in all cases within 8 hours.
        (e) Release. If the Service determines that detention of a juvenile 
    is not required to secure timely appearance before the Service or the 
    immigration court or to ensure the juvenile's safety or that of others, 
    the Service shall release the juvenile from custody, in the following 
    order of preference, to:
        (1) A parent;
        (2) A legal guardian;
        (3) An adult relative (brother, sister, aunt, uncle, or 
    grandparent);
        (4) An adult individual or entity designated by the parent or legal 
    guardian as capable and willing to care for the juvenile's well-being 
    in:
        (i) A declaration signed under penalty of perjury before an 
    immigration or consular officer, or
        (ii) Such other documentation that establishes to the satisfaction 
    of the Service, in its discretion, that the person who is designating 
    the custodian is, in fact, the juvenile's parent or guardian;
        (5) A program, agency, or organization licensed by an appropriate 
    state agency to provide residential services to dependent juveniles, 
    when it is willing to accept legal, as opposed to simply physical, 
    custody; or
        (6) An adult individual or entity seeking custody, in the 
    discretion of the Service, when it appears that there is no other 
    likely alternative to long-term detention and family reunification does 
    not appear to be a reasonable possibility.
    
    [[Page 39763]]
    
        (f) Agreements between the Service and a custodian. (1) 
    Certification of custodian. Before a juvenile is released from Service 
    custody, the custodian must execute Form I-134, an Affidavit of 
    Support, and an agreement to:
        (i) Provide for the juvenile's physical, mental, and financial 
    well-being;
        (ii) Ensure the juvenile's presence at all future proceedings 
    before the Service and the immigration court;
        (iii) Notify the Service of any change of address within 5 days 
    following a move;
        (iv) Not transfer custody of the juvenile to another party without 
    the prior written permission of the district director, unless the 
    transferring custodian is the juvenile's parent or legal guardian;
        (v) Notify the Service at least 5 days prior to the custodian's 
    departure from the United States, whether the departure is voluntary or 
    pursuant to a grant of voluntary departure or order of removal; and
        (vi) Notify the Service of the initiation of any State court 
    dependency proceedings involving the juvenile and the State dependency 
    court of any immigration proceedings pending against the juvenile.
        (2) Emergency transfer of custody. In an emergency, a custodian may 
    transfer temporary physical custody of a juvenile prior to securing 
    permission from the Service, but must notify the Service of the 
    transfer as soon as is practicable, and in all cases within 72 hours. 
    Examples of an ``emergency'' include the serious illness of the 
    custodian or destruction of the home. In all cases where the custodian 
    seeks written permission for a transfer, the district director shall 
    promptly respond to the request.
        (3) Termination of custody arrangements. The Service may terminate 
    the custody arrangements and assume custody of any juvenile whose 
    custodian fails to comply with the agreement required by paragraph 
    (f)(1) of this section. However, custody arrangements will not be 
    terminated for minor violations of the custodian's obligation to notify 
    the Service of any change of address within 5 days following a move.
        (g) Suitability assessment. The Service may require a positive 
    suitability assessment prior to releasing a juvenile under paragraph 
    (e) of this section. The Service will always require a suitability 
    assessment prior to any release under paragraph (e)(6) of this section. 
    A suitability assessment may include an investigation of the living 
    conditions in which the juvenile is to be placed and the standard of 
    care he or she would receive, verification of identify and employment 
    of the individuals offering support, interviews of members of the 
    household, and a home visit. The assessment will also take into 
    consideration the wishes and concerns of the juvenile.
        (h) Family reunification. (1) Efforts to reunite. Upon taking a 
    juvenile into custody, the Service, or the licensed program in which 
    the juvenile is placed, will promptly attempt to reunite the juvenile 
    with his or her family to permit the release of the juvenile under 
    paragraph (e) of this section. Such efforts at family reunification 
    will continue as long as the juvenile is in Service custody and will be 
    recorded by the Service or the licensed program in which the juvenile 
    is placed.
        (2) Simultaneous release. If an individual specified in paragraph 
    (e) of this section cannot be located to accept custody of a juvenile, 
    and the juvenile has identified a parent, legal guardian, or adult 
    relative in Service detention, simultaneous release of the juvenile and 
    the parent, legal guardian, or adult relative shall be evaluated on a 
    discretionary case-by-case basis.
        (3) Refusal of release. If a parent of a juvenile detained by the 
    Service can be located, and is otherwise suitable to receive custody of 
    the juvenile, and the juvenile indicates refusal to be released to the 
    parent, the parent(s) shall be notified of the juvenile's refusal to be 
    released to the parent(s), and shall be afforded an opportunity to 
    present their views to the district director, chief patrol agent, or 
    immigration judge before a custody determination is made.
        (i) Transportation and transfer. (1) Separation from adults. 
    Juveniles unaccompanied by adult relatives or legal guardians should 
    not be transported in vehicles with detained adults except when being 
    transported from the place of arrest or apprehension to a Service 
    office or when separate transportation would be otherwise impractical, 
    in which case juveniles shall be separated from adults. Service 
    officers shall take all necessary precautions for the protection of 
    juveniles during transportation with adults.
        (2) Travel arrangements. When a juvenile is to be released from 
    custody under paragraph (e) of this section, the Service will assist 
    him or her in making transportation arrangements to the Service office 
    nearest the location of the person or facility to whom the juvenile is 
    to be released. In its discretion, the Service may provide 
    transportation to such juveniles.
        (3) Possessions. Whenever a juvenile is transferred from one 
    placement to another, he or she shall be transferred with all 
    possessions and legal papers; provided, however, that if the juvenile's 
    possessions exceed the amount normally permitted by the carrier in use, 
    the possessions shall be shipped to the juvenile in a timely manner.
        (4) Notice. No juvenile who is presented by counsel should be 
    transferred without advance notice to counsel, except in unusual and 
    compelling circumstances such as where the safety of the juvenile or 
    others is threatened, or the juvenile has been determined to be an 
    escape-risk, or where counsel has waived notice. In these cases notice 
    must be provided to counsel within 24 hours following transfer.
    
        Dated: June 10, 1998.
    Doris Meissner,
    Commissioner, Immigration and Naturalization Service.
    [FR Doc. 98-19712 Filed 7-23-98; 8:45 am]
    BILLING CODE 4410-10-M
    
    
    

Document Information

Published:
07/24/1998
Department:
Immigration and Naturalization Service
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
98-19712
Dates:
Written comments must be submitted on or before September 22, 1998.
Pages:
39759-39763 (5 pages)
Docket Numbers:
INS No. 1906-98
RINs:
1115-AFO5
PDF File:
98-19712.pdf
CFR: (3)
8 CFR 242.24(g)
8 CFR 242.24(h)
8 CFR 236.3