Migrant kids can leave sites, sort of

The claim: At shelters for migrant children, “There’s not a lock on the door. Any child is free to leave at any time, but they don’t. You know why? Because they are well taken care of. And yes, at some point they’re going to live with family, generally not mother or father, but some family member, that’s a good thing.” — Rep. Michael Burgess, R-Denton, during a June 24 MSNBC

PolitiFact ruling: Half True. The facility Burgess cited was not a detention center and could not legally stop a child from leaving. But the facility calls the police if children leave without permission.

Children at these facilities are under federal custody, awaiting immigration proceedings and placement with a sponsor in the United States. So children might stay for reasons other than “because they are well taken care of.” Burgess’ statement is partially accurate but leaves out important details and takes things out of context. We rate it Half True.

Discussion: The treatment of migrants at the U.S.-Mexico border has become a huge issue this summer, with members of Congress visiting Border Patrol facilities to see conditions for themselves.

Burgess recently made the case that while resources are strained at facilities run by immigration authorities, children in the care of another government agency are being treated well.

Readers asked PolitiFact to look into Burgess’ claim about children being free to leave at any time from shelters but choosing to stay.

Key takeaways:

• Children are in shelters because they are under federal custody, waiting to be placed with a sponsor and for a decision on their immigration case.

• Shelters are not detention centers, so their staff can’t forcibly restrain children if they walk out.

• If a child leaves a shelter without permission, staff will call law enforcement and ask for the child’s return.

Burgess’ press office sent PolitiFact a statement from the congressman.

“In my experience, all shelters I have visited are designed appropriately for the ages of the children who occupy them,” Burgess said in the statement. “If an older teen decides to leave on their own volition, they are neither detained nor restrained.”

Children in the care of the Office of Refugee Resettlement are required to be placed in the least restrictive environment, as mandated by the Flores Settlement, HHS’s press office told PolitiFact via email. Because of that, the majority of children are placed in statelicensed residential facilities instead of locked detention centers (and state laws vary

regarding locks at the residential facilities).

“If a child does leave without proper authorization, then local law enforcement and (the Department of Homeland Security) are notified. Just like if a child left a school without permission — the police would be called,” HHS said.

Organizations that advocate for migrants and help children obtain legal

aid told PolitiFact that there are varying levels of security at different facilities, which can include shelters, foster care homes and secure facilities, such as a juvenile detention center.

But overall, children are not free to leave the facilities without consent, experts said, while noting that it has happened.

“If they leave, it is considered running away,” said Rachel Prandini, a staff attorney at the Immigrant Legal Resource Center, which advocates for immigrant rights.

The facilities are meant to be temporary places for children while they await placement with sponsors. A sponsor (commonly a parent or family member) is expected to care for the child while he or she gets a decision from an immigration judge. On average, children spend fewer than 45 days in shelters.