State Letter #01-27
TO: STATE REFUGEE COORDINATORS
FROM: Carmel
Clay-Thompson
Acting Director
Office of Refugee Resettlement
SUBJECT: Policy Issuance: Re-classification to Unaccompanied Minor Program
Over
the past year, several thousand youth from the Kakuma refugee camp
in Kenya have arrived in the U.S. under the U.S. refugee resettlement
program. Nearly five hundred of these youth-under age 18 at the time
of arrival in the U.S.-were resettled through the Unaccompanied Refugee
Minor (URM) program. The remainder-about 3,500-were resettled in the
U.S. under the regular refugee program.
The
youths in the URM program are eligible for a wide range of benefits
and services until age 18, or a higher age established by the State
of resettlement in its child welfare plan under Part IV-B of the Social
Security Act for the availability of child welfare services. Most
of the States with URM affiliates sites allow youth to continue their
education for a year or more after age 18. The youths over age 18
at the time of arrival, on the other hand, face the need for immediate
employment and early self-sufficiency and, therefore, more limited
opportunities for educational advancement.
The
sharp division of the youths into two separate programs opens an issue
about the accuracy of the dates of birth for these children. Some
evidence suggests that the accuracy of these dates may be very low.
Of the 90 youths recorded in the ORR database before the end of calendar
year 2000, 89 recorded a birth date of January 1. These dates of birth
apparently were chosen based on the best estimates of staff of the
United Nationals High Commissioner for Refugees (UNHCR).
Over
the past several months, several States have requested that ORR reclassify
youths as unaccompanied minors based on documentation that has surfaced
since their arrival in the U.S. In order to provide for an equitable
process of re-determining age eligibility for the URM program, ORR
is establishing a formal policy regarding the submission of such documents.
Beginning immediately, a request for re-classification to unaccompanied
minor status based on a re-determination of age must be accompanied
by as much of the following documentation as the local agency can
obtain:
-
An
affidavit from the youth as to how old he is and why he believes that
he is that age.
-
An
explanation from the youth or from knowledgeable other persons relating
how the incorrect birth date was recorded in official records and
by whom.
- An
explanation from the youth or other persons of how the alternative
birth date was derived.
-
Where
alternative documentation emerges which indicates that the affiant
is younger than the age documented in INS records, an explanation
of who obtained the alternative documentation (such as a birth certificate),
the official authority from which it was obtained, and the line of
custody of the alternative documentation since that time.
- An
explanation of why the youth did not use the alternative documentation
to correct official records in the Kakuma camp, if it was available
at the time.
-
A
statement from the program director or the caseworker as to the general
appearance of the youth and the opinions of staff, volunteers, and
other youth as to his actual age, based on an assessment of the youth's
emotional and physical development.
- The
professional opinion of a doctor, dentist, or other health professional
in support of the youth's claim based on objective medical findings,
such as dental exams, wrist x-rays or bone scans.
-
Where
appropriate, a photocopy of the discovered birth document and a description
from agency staff describing the appearance and credibility of the
document.
With
these documents, the Director will determine whether the preponderance
of evidence merits a change in date of birth and re-classification
to unaccompanied minor status.
If
you have any questions or comments, please contact Loren Bussert of
my staff by telephone at (202) 401-4732, by E-mail at LBUSSERT@ACF.DHHS.GOV, or by fax at (202) 401-4587.