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Unaccompanied Minors Crossing the Border

Project by

Student Name

National University

San Diego, California

College of Law and Public Service

Submitted in partial fulfillment of the requirements for the degree of

Emergency Management Homeland Security

Date

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SENIOR RESEARCH PROJECT APPROVAL FORM

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TABLE OF CONTENTS

CHAPTER I: INTRODUCTION .................................................................................................. 4

Introduction ................................................................................................................................... 4

Problem Statement ........................................................................................................................ 5

Purpose and Objectives of the Study ............................................................................................ 6

Rationale ....................................................................................................................................... 7

Definition of Terms ....................................................................................................................... 9

Limitations of the Study .............................................................................................................. 10

Theoretical Framework ............................................................................................................... 11

Research Hypotheses .................................................................................................................. 13

Summary of Remaining Chapters ............................................................................................... 14

REFERENCES ............................................................................................................................. 16

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CHAPTER I: INTRODUCTION

Introduction

Unaccompanied minors crossing international borders represent a significant and complex

issue, intertwining aspects of immigration, human rights, and criminal exploitation. In many

cases, the children are propelled on longer journeys as they leave their homes because of

violence. The case is worsened by the fact that the minors cross international borders while they

are unaccompanied by their parents or guidance. Most children try to leave their country, to seek

safety, family reunification and more favourable economic opportunities (Maioli et al., 2021).

Management of unaccompanied minors crossing international borders stands as both a vital

immigration and humanitarian concern. Familyless children who escape persecution violence and

poverty endure hazardous transit after they depart from risky homes. When they arrive at their

destination they must face barriers of the law together with systems which fail to secure their

rights and welfare properly. The struggles unaccompanied minors encounter through U.S. laws

and the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA)

establish their rights will be analyzed here alongside an examination of U.S. Code § 1158

(Asylum) and other legal protection measures alongside current system assessments for

responding to these particular needs. The subject has caught scholarly, policy and humanitarian

organizations’ attention due to the minor’s influence on immigration systems, child protection

frameworks, and international relations. The cases are rampant in families in regions where

political instability, economic hardship, or violence forces them to make dangerous decisions. The

minors often arrive in their destination countries and are immediately detained, and denied access

to social services. They are also denied residency and citizenship. The objective of this paper is to

provide policymakers with a tool that will help to balance national security concerns with

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humanitarian obligations by giving insights into how national security concerns ought to be

balanced against humanitarian obligations.

Problem Statement

What is happening with unaccompanied minors crossing borders is an immigration

control issue as well as a humanitarian crisis. It is a multisided problem illustrating the child's

vulnerability to a global migration system (Migliorini et al., 2022). The hardships that drove

these minors off, and away from home and safety, include political conflict, economic

instability, persecution and violence. Although they are often recognized under international law

as needing unique protection and rights, the management of migration does not fully meet their

needs. As a result, it leads to the children being exposed to exploitation, abuse and prolonged

uncertainty. Unaccompanied minors are one of the greatest challenges because there are no

cohesive policies or practices in place which prioritize the rights and well-being of such minors.

International frameworks, like the United Nations Convention on the Rights of the Child (CRC),

uphold children's protection, care and support within the framework. However, the

implementation is not always adequate (Uzureau et al., 2022). Many destination countries

embrace policies that tend to privilege border security and immigration control over

humanitarian concerns. In addition, unaccompanied minors are detained, deported or neglected

in overcrowded, under-resourced facilities. Also, these experiences often have dire

psychological consequences and lack of support from extended family aid can only increase that

damage in the absence of a legal status.

Most unaccompanied minors travel through dangerous routes and can meet smugglers or

traffickers before they arrive at their destinations. As such, they may be the victim of violence,

extortion, sexual abuse or death. The challenges do not end when one arrives and survives.

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However, many face legal systems that are either unable or unwilling to help them. The right to

education, healthcare and opportunities for integration are also significant issues (Migliorini et

al., 2022). The holes in coordination across international, regional, and national systems

contribute to these problems. Lack of consistency in policies and overlapping responsibilities

among several actors governments, NGOs and international agencies and the lack of

comprehensive support for unaccompanied minors undermines the needed attempts (Cintron &

Nojeim, 2023). In addition, social stigmatization, and general xenophobic attitudes of host

communities might prevent such children from moving on and rebuilding their lives.

Unaccompanied minors' predicament demands more than just an understanding of the root

causes of their migration. This study aims to shed light on these key issues and advocate for the

adoption of policies and practices that respect the rights and dignity of these vulnerable children

on their way through the migration process.

Challenges Faced by Unaccompanied Minors

During migration, unaccompanied minors must confront various substantial threats. The

dangerous paths that the many migrants cross expose them to trafficking and sexual harm along

with extortion and mortal danger. In most cases, the traffickers are aware of their vulnerability

and they take advantage by causing them physical as well as mental harm. Arriving in the

destination countries does not stop the ongoing challenges. Children confined to detention

centres face endangerment from poor facility maintenance, financial shortages and unsafe

conditions (McAuliffe & Mitchel, 2024). Their lack of healthcare, proper education and legal

help continue their emotional trauma while committing barriers to eventual social assimilation.

These problems worsen because different countries and domestic law enforcement groups fail to

use their laws in uniform ways. The practical execution of protection standards established by

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the United Nations Convention on the Rights of the Child (CRC) and the U.S. TVPRA suffers

frequent implementation failures. Border security interests in destination nations override basic

humanitarian responsibilities because children without protection receive wrongful detention

and deportation procedures.

Purpose and Objectives of the Study

This study aims to investigate the challenges that unaccompanied minors encounter in

their migration journeys. It also evaluates how the existing systems protect children's rights and

well-being. The research gap focuses on the gaps in legal, social, and institutional frameworks to

help better understand how children's needs can be addressed more comprehensively:

1. The first objective of this study is to analyze the factors affecting unaccompanied minors

during migration across borders.

2. To understand the kind of risk and vulnerability that unaccompanied children face during

and after their migration journeys.

3. To learn whether current international and national policies are adequate in protecting the

rights of unaccompanied minors.

4. To enable the production of actionable recommendations for improving existing

protection mechanisms, and ensuring they meet international human rights standards

compatible with the best interest of the child

Rationale

This study addresses the systemic vulnerabilities that expose unaccompanied minors to

exploitation and harm because of the critical need to address them. This increase in awareness of

the plight of these children does not translate into better protection from human trafficking,

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abuse and neglect. In many cases, there have been several approaches to migration management.

However, they are not enough, according to experts. Not only do these failures jeopardize the

immediate safety and well-being of unaccompanied minors, but they also have far-reaching

implications for the future and the stability of society. This is because of the surging number of

migrants globally, and an increasing number of children travelling alone on dangerous journeys

(Uzureau et al., 2022). To this day, political instability, armed conflict, and socio-economic

disparities continue to force families to give up the struggle of sending their children

unaccompanied, in search of safety, or opportunity. However, there is still a lack of harmonized

international responses and weak national frameworks. Ultimately, filling in the systemic gaps in

protection is not just a moral and legal obligation, but an essential requirement for the promotion

of social cohesion, safeguarding the dignity and rights of all children. The process can contribute

to the global discourse on child protection and migration by means of a comprehensive analysis

of the determinants of unaccompanied minor migration. This is through analyzing the failure of

current protection measures in favour of solutions that put the child’s interest at the forefront.

Legal Protections and Gaps

United States law delivers multiple paths for unaccompanied minors seeking asylum.

Survivors of persecution are based on five protected grounds. For example, the nationality can

file for asylum under 8 U.S. Code § 1158. These grounds provide protection based on race,

religion, nationality, political opinion and membership in particular social groups. Once inside

the complex asylum procedure, most minors face access barriers to necessary legal assistance.

Strict criteria enforcement for asylum requests results in the victims being denied legitimate

claims of protection.

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Unaccompanied immigrant children gain extra protection through The William

Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) which shields them

from becoming victims of trafficking or abuse. Under the ongoing William Wilberforce

Trafficking Victims Protection Reauthorization Act (TVPRA), unaccompanied children must be

sent from DHS control to HHS-specialized shelters within three days to receive appropriate care.

TVPRA guarantees unaccompanied minors will participate in removal proceedings with an

immigration judge who must provide them with the chance to seek asylum while other

protection options become available to them. Numerous protective measures. However, there are

numerous shortcomings (McAuliffe & Mitchel, 2024). The processing timeline exceeds 72

hours because shelters lack enough space. As such, the minor immigrants stay in DHS detention

facilities without sufficient care. A broken system allows immigrant children to be deported

hastily even though TVPRA law requires thorough screening on possible reentry to their home

nations.

Definition of Terms

To ensure clarity and consistency, the following terms are defined as they pertain to this study:

1. Unaccompanied Minor: A child below 18 years of age who migrates into another

country where no parent or legal guardian is present.

2. Human Trafficking: this refers to the recruitment, transportation, transfer, harbouring, or

receipt of persons by means of the threat, use of force, or another form of coercion,

abduction, fraud, or deception, or of giving or receiving of payments or benefits in

consideration for the exercise of control, to exploit them.

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3. Sex Trafficking: A subset of human trafficking for the purposes of commercial sexual

exploitation of individuals.

4. Trafficker: A person or group that seeks to take advantage of, or exploit someone else

through their malice.

5. Protective Measures: Interventions, practices and policies put in place to protect

vulnerable population’s rights and welfare.

6. Asylum: A country’s reaction to people who are fleeing persecution or peril in their own

countries for protection.

7. Vulnerability: Being put at risk, maximally or minimally, of harm or exploitation

resulting from physical, social or systemic factors.

8. Detention Center: A place where migrants, including unaccompanied minors, are

detained, pending legal proceedings, or deportation.

9. Best Interests of the Child: A principle that all decisions pertaining to children be made

in the best interest of their safety, well-being and development.

10. Family Reunification: Reuniting children with their family members in a destination or

in a country

Limitations of the Study

This study is subject to several limitations that may affect the breadth and depth of its

findings. First, the data available on unaccompanied minors has been unreliable for a long time.

For instance, there are large numbers of underreported or misreported cases of migration and

trafficking, which then causes gaps in our knowledge of the overall picture. In addition, human

trafficking is a clandestine business, which makes it difficult to get complete information about

the victims and culprits within systems. Second, the research is constrained based on the

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geographic scope of the focus. While it gives insights that are transposable to wider contexts, it

primarily draws empirical evidence from a handful of regions where unaccompanied minor

migration is most frequent. The focus on this region may not sufficiently represent the ways of

experiencing that differ between countries and migration paths.

The study also depends on a second source of data and hence it is limited in verifying

that the source of data is accurate and objective. Though appropriate efforts have been taken to

use credible and reputable sources, the interpretation of data from reports, studies, and records of

governing established may be tainted by biases or omissions owing to circumstances present in

the original material. The timeframe of the study limits the breadth of its analysis as well.

Migration patterns and policies are naturally dynamic and evolving. Therefore, some findings

may become outdated as more things occur. In addition, the study also acknowledges that there

may be cultural, and contextual biases in interpreting findings. The issue may be perceived and

addressed differently in different contexts, partly due to differences in cultural norms legal

frameworks and social ideas about migration and trafficking. The research seeks to be balanced

and objective. The biases might sneak in and distort the conclusions. Even with these limitations,

this study seeks to add some meaning toward gaining a better understanding of the issues

unaccompanied minors face and to advocate for more humane and effective policies and

practices that will promote their rights and well-being.

Theoretical Framework

This study employs the Vulnerability Theory as its primary theoretical framework.

Vulnerability Theory emphasizes the inherent susceptibility of individuals to harm due to

personal, social, and structural factors. The theory serves as the main theoretical lens used in this

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study. While Vulnerability Theory suggests that everyone is inherently vulnerable, systemic

inequities and social structures can make some people even more vulnerable than others

(Cintron & Nojeim, 2023). Unaccompanied minors, as a demographic, are extremely prone to

harm because it is made without legal protection. Also, unaccompanied minors are extremely

vulnerable because of the state of socio-economic instability. The framework allows for the

exploration of the interaction of individual and structural vulnerabilities to produce elevated

risks of exploitation, abuse and trafficking for unaccompanied minors. In addition, Ecological

Systems Theory is used to examine the many layers of influence on unaccompanied minors'

experiences. According to this theory, the outcomes of any single individual are determined by

interactions present within and among families, communities, institutions and larger societal

organizations (Migliorini et al., 2022). When applying this framework, the study investigates the

circumstances of family separation, community support, immigration policies, and the larger

world socio-political dynamics that come together at the individual level. They shape the risks

and experiences of unaccompanied minors. As a result, the theoretical perspectives offer a

comprehensive picture of the internal and external sources of vulnerability of unaccompanied

minors. Furthermore, they shape the design of interventions to not only meet imminent needs

but also design how to balance immediate and structural changes to guarantee long-term

protection and support for this population.

Recommendations for Improved Protection

A range of structural changes needs implementation to rescue unaccompanied minor migrants.

The essential requirement is solving migration causes that stem from international unity. The

ideas should be focused on determining problems including poverty, violence and political

instability which force children from their countries. Improved regional living standards across

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these areas reduce the number of children who must take perilous migration routes (Phung-

Marion, 2024). The U.S. asylum system requires reimagination to make applications convenient

for unaccompanied minors. Qualified legal defenders combined as well as extensive case

examination for juveniles will guarantee that children get the just treatment in their asylum

claims. To better protect unaccompanied minors, the government must fund child-centred

facilities dedicated to custody as well as growing shelter accommodation. Public awareness

campaigns should serve two functions. These are defending against xenophobia while building

locally-based support for unattended minors. Child integration into seemingly new worlds

depends heavily on the active support of host communities to become successful citizens.

Research Hypotheses

1. The enhanced international and national legal frameworks for child rights will

substantially cut down the vulnerabilities of unaccompanied minors to be trafficked and

exploited.

2. Better coordination between government and non-government organizations will result in

more efficient protection and help systems for unaccompanied minors.

3. To reduce the number of unaccompanied minors making dangerous migration journeys, it

is necessary to address the socio-economic drivers of migration from origin countries.

4. Community-based care models will enable the integration and well-being of

unaccompanied minors in destination countries thus reducing long-term psychological

and social risks.

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Summary of Remaining Chapters

This study is structured to understand various problems and offer solutions for unaccompanied

minors. Chapter I introduces the research and its objectives. However, the subsequent chapters

are organized and summarized as follows:

Chapter II: Literature Review

In this chapter, the researcher explores the existing research on unaccompanied minors and the

socio-economic, legal, and systemic factors that are most at play in rendering unaccompanied

minors vulnerable. It discusses international conventions, national policies, and case studies to

fill the gaps within protection mechanisms. The chapter also looks at the relationship between

trafficking networks and migration and exploitation.

Chapter III: Methodology

The research design, the data collection method, and the analytical approaches are discussed in

detail in Chapter III. It describes how qualitative and quantitative data, as well as secondary

sources and any primary research, have been used. Through this chapter the reliability of the

findings mentioned and the processes of the study is kept transparent.

Chapter IV: Findings and Analysis

This chapter presents the key findings of the study. It is specifically focusing on the experiences

of the unaccompanied minors throughout the migration and when they arrive in the destination

countries. It explores why existing policies and programs work so well (or so poorly) for them

and how systemic shortfalls leave them vulnerable.

Chapter V: Discussion and Recommendations

The final chapter of the study underlines various lessons for practical recommendations to

enhance the protection and support of unaccompanied minors. It also synthesizes the study’s

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conclusions and offers practical recommendations regarding the protection and support of

unaccompanied minors, based on the results of the study. In this report, international

cooperation, policy reform and community-based interventions are emphasized as important

long-term strategies to address the basic causes of vulnerability for these groups.

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REFERENCES

Cintron, M., & Nojeim, M. (2023). Unaccompanied Minors at the Border: Opinions of Latino

Adults. Journal of Family Strengths, 22(1), 5.

https://digitalcommons.library.tmc.edu/cgi/viewcontent.cgi?article=1467&context=jfs

Maioli, S. C., Bhabha, J., Wickramage, K., Wood, L. C., Erragne, L., García, O. O., &

Devakumar, D. (2021). International migration of unaccompanied minors: trends, health

risks, and legal protection. The Lancet Child & Adolescent Health, 5(12), 882-895.

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7615140/

Migliorini, L., Rania, N., Varani, N., & Ferrari, J. R. (2022). Unaccompanied migrant minors in

Europe and US: A review of psychological perspective and care challenges. Journal of

Prevention & Intervention in the Community, 50(3), 273-285.

https://www.researchgate.net/profile/Joseph-

Ferrari/publication/351823240_Unaccompanied_migrant_minors_in_Europe_and_US_A_

review_of_psychological_perspective_and_care_challenges/links/629525e855273755ebc3

8f5f/Unaccompanied-migrant-minors-in-Europe-and-US-A-review-of-psychological-

perspective-and-care-

challenges.pdf?origin=journalDetail&_tp=eyJwYWdlIjoiam91cm5hbERldGFpbCJ9

Uzureau, O., Lietaert, I., Senovilla Hernández, D., & Derluyn, I. (2022). Unaccompanied

adolescent minors’ experiences of exception and abandonment in the Ventimiglia border

space. Politics and Governance, 10(2), 267-278.

https://biblio.ugent.be/publication/8763978/file/8763980

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McAuliffe, E. L., & Mitchel, Y. (2024). Offering protection to immigrant youths in America: Is

asylum or Special Immigrant Juvenile Status truly in the best interest of the

child? International Social Science Journal, 74(254), 1675-1690.

https://onlinelibrary.wiley.com/doi/pdf/10.1111/issj.12528

Phung-Marion, C. (2024). From Precedent to Policy: The Effects of Dobbs on Detained

Immigrant Youth. Washington Law Review, 99(1), 277.

https://digitalcommons.law.uw.edu/cgi/viewcontent.cgi?article=5295&context=wlr

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