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Are ICE agent checks on migrant children to protect them or deport them?

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Are ICE agent checks on migrant children to protect them or deport them?

When immigration agents recently began conducting welfare checks on youths who had arrived at the border unaccompanied by their parents, advocates grew alarmed, fearing the tactic was a cover to target the minors, their adult sponsors and possibly others for deportations.

Stories of these unannounced visits popped up around the country — agents who attempted to gain access to two elementary schools in Los Angeles; agents who showed up “five deep and armed” at the home of an immigration lawyer’s 19-year-old client in Virginia; agents who interviewed a terrified 16-year-old Honduran girl at her uncle’s house in Washington state.

Department of Homeland Security officials have said the welfare checks are part of an ongoing effort to ensure that unaccompanied children “are safe and not being exploited, abused, and sex trafficked.”

Immigrant advocates say some visits have led to children being forced to leave the country with their deported parents or being removed from their sponsors and placed in federal custody.

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Advocates point to the case of a 17-year-old Honduran in Hawaii whose older brother had been detained by federal agents. The boy was transported to a facility for unaccompanied youths in California.

“This is just par for the course for an administration that has staked their claim on making life so incredibly difficult for immigrants at large that they think people will leave and not come to the U.S.,” said Jen Smyers, former chief of staff under the Biden administration for the Office of Refugee Resettlement, which is responsible for the care of unaccompanied children.

Fear of the welfare checks “drives people underground, increases exploitation and trafficking,” Smyers said. “And they’re doing it with this perverse narrative by saying that they care about kids. But all they’re doing is wrecking these kids’ lives.”

Those under review by the Trump administration are among the roughly 450,000 children who crossed the U.S.-Mexico border without their parents and were released to sponsors during President Biden’s term.

Children who arrive unaccompanied by a parent are placed in the custody of the Office of Refugee Resettlement, which is under the Department of Health and Human Services. The department is required to screen adult sponsors who volunteer to care for the children, usually their parents or other relatives.

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Shortly after President Trump took office, his administration formulated a multi-agency plan to track down unaccompanied children, investigate whether they are being subjected to human trafficking and deport those who are removable. An internal Immigration and Customs Enforcement memo, obtained by The Times, details the four-phase operation.

The memo indicates that agents should prioritize youths who didn’t show up for an immigration hearing, those whom the government has not been able to contact since they were released to sponsors, those who are considered a threat to public safety and those with deportation orders.

The agency is also looking closely at youths released from federal custody to sponsors who are not blood relatives, including so-called super sponsors who have taken in more than three unaccompanied children.

The sponsorship program has been beset by problems in recent years. The federal government has failed to properly vet some sponsors, according to a federal watchdog report from last year. Thousands of children rapidly released from government shelters were later exploited by major companies.

Last month, a federal grand jury indicted a man on allegations that he lured a 14-year-old girl from Guatemala to the U.S. and falsely claimed she was his sister to gain custody as her sponsor.

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About 100 children have been removed from their sponsors this year and returned to federal custody, the Associated Press reported, and 450 cases with complaints have been referred to federal law enforcement.

The review of sponsorships under the Trump administration is being led by two branches of ICE: Enforcement and Removal Operations, or ERO, and Homeland Security Investigations, or HSI.

Along with combating human trafficking, the effort aims to identify possible candidates for deportation. Referring to unaccompanied children as “UAC,” the memo states: “ERO officers should remember they are to enforce final orders of removal, where possible, and HSI will pursue criminal options for UAC who have committed crimes.”

The Homeland Security and Health and Human Services departments did not respond to a request for comment.

Over the last two months, immigration attorneys say, agents have attempted to intimidate minors.

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In one instance in California, underage clients answered the door to find agents in casual wear asking about their mother and whether they had a job. Another family reported to their attorney that HSI agents arrived while the minor was at school, yet the agents returned four times in one day looking for the student.

The tactic puts in jeopardy sponsors who lack legal authorization to be in the country or live in mixed-status households, said Karina Ramos, a managing attorney at the Los Angeles-based Immigrant Defenders Law Center.

“It’s definitely going to have a chilling effect on a sponsor, if they know there are going to be immigration officers questioning their status,” she said.

The case of the teenager in Hawaii began April 9 when his older brother was arrested on suspicion of misdemeanor illegal entry, according to someone with knowledge of the case.

The teen had entered the country unaccompanied and was previously in federal custody in Texas. He was released to his older brother’s care in 2023. According to the person with knowledge of the case, when the teen was apprehended last month, agents considered whether they could deport him along with his brother.

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After his older brother was apprehended, the 17-year-old was placed in a facility for unaccompanied youths in California. Hawaii has no Office of Refugee Resettlement facilities.

Before he was transported to California, teachers who knew the student attempted to aid his release, according to local advocates and the Honolulu Civil Beat. The teachers carried documents showing his aunt could take custody of him if he was released to her.

Advocates said there are intersecting operations in Hawaii — welfare checks on unaccompanied children and enforcement actions against deportable immigrants. At least four immigrant children in two separate cases were recently removed with their parents, who were targeted for deportation, advocates said.

“Having a parallel directive to remove grown-ups from children is never in the best interest of the child,” said Mary Miller Flowers, director of policy and legislative affairs at the Young Center for Immigrant Children’s Rights. “So it feels like it’s a euphemism for enforcement actions.”

In other parts of the country, young immigrants and their adult sponsors are grappling with what the welfare checks could spell for them.

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In Houston, Alexa Sendukas, managing attorney for the Galveston-Houston Immigrant Representation Project, said 21 clients have experienced welfare checks in recent weeks. Those who let agents inside their homes told her that agents walked from room to room, asking questions and taking photos.

In a meeting last week, HSI agents told Sendukas that they had rescued two children from a trafficking situation in the Houston area and found a sponsor who was producing child exploitation material. But she remains skeptical.

“We’ve heard the example of the Hawaii case,” she said, adding that advocates worry that agents doing welfare checks are gathering information they can use in the future. Referring to the ICE memo, she said, “The guidance suggests a multiphase initiative — what does the next phase look like?”

In San Diego, federal agents recently conducted a wellness check at the residence of a girl represented by immigration attorney Ian Seruelo. She is in the process of receiving special immigration juvenile status, he said.

A day after the wellness check, as the girl was visiting her parents, who live at a different location, federal agents stopped them while they were driving to church and detained them for several hours, Seruelo said.

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The parents have no criminal record but are undocumented, and their status was probably known to officials, Seruelo said, because they had been in deportation proceedings that were dropped. Neither the girl nor her parents are in custody, he said.

Seruelo said he found the timing of the parents’ detention suspect. “I think they were using the wellness check to get information about the parents,” he said.

Smyers, the former Health and Human Services official, said the public safety and border security justifications noted in the ICE memo about tracking down unaccompanied children are the same justifications used by Stephen Miller, the federal official and mastermind behind the separation of thousands of families at the southern border during President Trump’s first term.

“The American public should be just as galvanized against this as they were to family separation at the border,” she said.

Castillo reported from Washington and Gomez from Los Angeles.

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Crews Drape Tarp Over White House in Latest Trump Restoration

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Construction workers unfurled a large printed tarp to cover scaffolding installed at the White House’s front entrance. Doug Burgum, the interior secretary, said President Trump had ordered the repairs after noticing damage to columns.

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WATCH: Trump’s Energy chief reveals what escalating Iran tensions could mean for gas prices

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WATCH: Trump’s Energy chief reveals what escalating Iran tensions could mean for gas prices

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Energy Secretary Chris Wright is telling Americans not to be concerned about the possibility of another surge of sharp increases in gasoline prices as tensions with Iran have started to escalate once again.

Asked whether Americans should worry about higher prices at the pump and how the Trump administration is preparing to keep the economy stable if the conflict continues to worsen, Wright told Fox News Digital: “It has not been any good behavior from Iran that’s allowed oil to flow. It’s been the United States military.”

“That’s not changing,” he assured, speaking from the Great American State Fair on the National Mall this week.

US CLAWS BACK KEY CONCESSION TO IRAN AFTER FRESH ATTACKS ON COMMERCIAL SHIPS IN STRAIT OF HORMUZ

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(Mario Tama/Getty Images) (Mario Tama/Getty Images)

With Iran striking three commercial vessels transiting the Strait of Hormuz on Monday and Tuesday, Wright doubled down in urging citizens to not credit Iran for the U.S. military’s work to ensure oil shipments continue flowing through the strait.

“Look, the U.S. Military has been the key asset here,” he said. “They have assured the flow of oil and gas through the Strait of Hormuz throughout. Not at the beginning of this conflict, but through the last six weeks.”

Wright said the administration is closely monitoring global oil supplies as the tentative ceasefire with Iran seemingly came to come to a halt, with President Donald Trump telling Secretary-General Mark Rutte the call for peace with Iran is “over” at the NATO Summit in Turkey on Wednesday.

But, he pointed to the continued shipping through the Strait as evidence that markets should remain stable.

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TRUMP SAYS IRAN CEASEFIRE IS ‘OVER’ AFTER IRANIAN ATTACKS TRIGGER MASSIVE US RESPONSE

President Donald Trump speaks at the White House on Tuesday, April 22. (AP/Alex Brandon)

“We’re of course constantly watching the supply of oil, the supply of refined products and what’s going on there,” Wright said. “And I think still all positive trends.”

Beyond geopolitical concerns, Wright also praised the new chain of discounted gas stations across Pennsylvania and New Jersey, Freedom Fuel, which promises customers prices below the national average.

The Trump administration, though not involved with the network, has heavily endorsed the new chain and its 25 locations.

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“We love it,” Wright said when asked about Freedom Fuel. “I mean, look, any mechanism we can to lower energy costs for Americans of all kinds, we’re all in on.”

“With Freedom Fuels, they’re just lowering it down to their wholesale price of gasoline,” Wright said. “So they’re not making any money selling gasoline, but they’ve got convenience stores. That’s how most gas stations make money.”

NEWSOM UNDER FIRE AS CALIFORNIA GAS TAX HIKE SENDS PUMP PRICES EVEN HIGHER

Gasoline costs are a known concern for many Americans, and amid surging prices there has been a considerable increase in those opting to purchase electric vehicles to save money long-term at the pump — with Tesla dominating the market for these types of models.

Wright argued one of the benefits to living in America is having the option to choose what type of vehicle you drive.

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“We just want people to buy what they would prefer,” he told Fox News Digital when asked his thoughts on increasing calls for support of the electrification of cars. “Consumer choice — you wanna buy an electric car, you wanna buy a gas powered car, diesel powered car, buy a big truck. That’s the choice.”

“That’s why you live in America. You get the choice of all those.”

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Black mold and $1 wages: Settlement forces immigrant detention centers to protect workers

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Black mold and  wages: Settlement forces immigrant detention centers to protect workers

In 2023, California regulators levied more than $100,000 in fines against the private operator of a federal immigration facility, kicking off a three-year battle over whether detainees who do work at the facilities should be considered employees.

The question went beyond semantics: If considered employees, the detainees would be subject to state worker protection laws.

A legal settlement announced this week now affirms that private immigrant detention facilities are subject to California’s workplace safety and health requirements.

“Every worker deserves a safe and healthy workplace and should be able to report workplace hazards without fear of retaliation,” said Denisse Gómez, spokesperson for the California Division of Occupational Safety and Health or Cal/OSHA.

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“Individuals who perform work in these facilities are entitled to workplace safety protections, and this settlement reinforces Cal/OSHA’s commitment to enforcing those protections and safeguarding vulnerable workers,” she added.

Under the settlement between California and the GEO Group, a Florida-based private prison company, the company recently withdrew its legal challenges and agreed to pay more than $100,000 in the fines.

The GEO Group did not respond to requests for comment.

Back in 2023, Cal/OSHA issued $104,510 in fines against the GEO Group. The agency had found six violations of state code by the company after detainees complained about a lack of protective equipment and proper training while cleaning the facility for $1 per day.

Detainees alleged they routinely wiped black mold off shower walls at the facility, saw black dust spew from air vents and used cleaning solutions that lacked instructions during the COVID-19 pandemic.

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The biggest fine levied against the GEO Group was for failure to establish and maintain “effective written procedures to reduce employee risk of exposure to aerosol transmissible disease.”

Advocates viewed Cal/OSHA’S recognition of the detainees as workers as a victory that could pave the way for future labor rights fights at other detention centers in the state.

But the GEO Group appealed, arguing that detainees participating in ICE’s voluntary work program make their own schedules and aren’t employees, so hazard exposure couldn’t be “as a result of assigned duties,” as California law states. Plus, the company argued, there wasn’t enough evidence that detainees were exposed to any hazard.

Early last year, the state’s Occupational Safety and Health Appeals Board rejected the GEO Group’s argument and found that detainees should be considered “affected employees.”

The GEO Group sued, but three days before a California Superior Court hearing in May, the company and Cal/OSHA reached the settlement.

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Along with paying the fines, the GEO Group agreed to draft plans for avoiding aerosol transmissions at 12 secure and reentry facilities in California, including five detention centers that hold immigrants.

“GEO ensures detainees are afforded the necessary tools, equipment, and personal protective equipment … to safely and effectively perform any necessary tasks,” the settlement states.

Gómez said the settlement also leaves intact the appeals board’s ruling that civil immigration detainees who participate in work programs can participate in proceedings anonymously, “acknowledging the potential for retaliation when individuals raise workplace safety concerns.”

But the question of whether detainees are employees and deserve certain protections isn’t entirely resolved — at least not for the federal government.

Last month, U.S. Immigration and Customs Enforcement released new standards for detention facilities across the country. The revised guidelines “emphasize that detainee volunteers participating in the voluntary work program are not considered facility and/or government employees” and thus not entitled to labor regulations.

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Attorney Mariel Villarreal said the timing of the new detention standards made her question whether the GEO Group had asked ICE to specify in its standards that detainees are not workers in response to its battle with Cal/OSHA.

“To me, it’s a reaction to this very settlement,” she said. Villarreal works for the California Collaborative for Immigrant Justice, which filed the original complaint on behalf of detainees who said they worked in unsafe conditions.

Villarreal pointed to a Washington Post report that GEO Group executives privately asked ICE to specify that detainees are not employees of the facilities where they work. Two top Trump administration officials, border czar Tom Homan and acting ICE director David Venturella, previously worked for the GEO Group.

New versions of ICE detention standards take effect as contracts are established or modified, so this year’s rules won’t immediately apply to every facility.

An ICE spokesperson did not comment about the settlement. The spokesperson, who did not provide their name in an emailed statement Wednesday, said the agency has begun transitioning detention facilities to meet the 2026 standards, “building on its longstanding commitment to safe, secure, and professional detention operations.”

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“ICE has consistently implemented many of these best practices independently, reinforcing its role as the leader in detention operations,” the spokesperson added.

The GEO Group and other immigrant detention center operators have faced other legal battles over workers’ rights, including lawsuits in Washington, Colorado and California over the $1-per-day payment.

Villarreal said she’s confident that the Cal/OSHA settlement would continue to hold even if California facilities incorporated the new standards. But she said she believes the statements are an attempt by the GEO Group to “sidestep responsibility” and avoid the possibility of being fined under similar circumstances in other states.

“These statements in the new standards are a way for them to try and preserve profits as much as possible,” she said. “GEO and ICE are so intertwined at this point that they have the same motives.”

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