R ecent reports regarding an uptick in the number of alien minors apprehended at the U.S. border without a parent or legal guardian have prompted renewed questions regarding so-called unaccompanied alien children (UACs). Many of these questions were previously raised in FY2013-FY2014, when a significant number of UACs were apprehended along the southern U.S. border. Although the number of UAC apprehensions dropped in FY2015, the beginning of FY2016 has seen an increase in the number of UACs apprehended along the southern border in comparison to the same time period in the prior year. Some of these questions pertain to the numbers of children involved, their reasons for coming to the United States, and current and potential responses of the federal government and other entities to their arrival. Other questions concern the interpretation and interplay of various federal statutes and regulations, administrative and judicial decisions, and settlement agreements pertaining to alien minors. This report addresses the latter questions, providing general and relatively brief answers to 15 frequently asked questions regarding UACs. In particular, this report begins with questions and answers that give basic definitions and background information pertaining to UACs, including how federal law defines unaccompanied alien child and the difference between being a UAC and having Special Immigrant Juvenile (SIJ) status. It concludes with questions and answers regarding UACs' rights, privileges, and benefits while in the United States, including whether UACs have a right to counsel at the government's expense in removal proceedings and whether UACs are eligible for inclusion in the Obama Administration's Deferred Action for Childhood Arrivals (DACA) initiative. Other CRS reports address the pre-FY2015 surge in the number of UACs encountered at the U.S. border with Mexico, as well as how UACs who are apprehended by immigration officials are processed and treated. These include CRS Report R43599, Unaccompanied Alien Children: An Overview , by [author name scrubbed] and [author name scrubbed]; CRS Report R43628, Unaccompanied Alien Children: Potential Factors Contributing to Recent Immigration , coordinated by [author name scrubbed]; CRS Report R43734, Unaccompanied Alien Children: Demographics in Brief , by [author name scrubbed] and [author name scrubbed]; CRS Insight IN10107, Unaccompanied Alien Children: A Processing Flow Chart , by [author name scrubbed]; and CRS Report R43664, Asylum Policies for Unaccompanied Children Compared with Expedited Removal Policies for Unauthorized Adults: In Brief , by [author name scrubbed]. Yet other CRS reports discuss the circumstances in foreign countries that some see as contributing to UACs' unauthorized migration to the United States. These include CRS Report R43702, Unaccompanied Children from Central America: Foreign Policy Considerations , coordinated by [author name scrubbed]; CRS Report R41731, Central America Regional Security Initiative: Background and Policy Issues for Congress , by [author name scrubbed] and [author name scrubbed]; CRS Report RL34112, Gangs in Central America , by [author name scrubbed]; CRS Report R43616, El Salvador: Background and U.S. Relations , by [author name scrubbed]; CRS Report R42580, Guatemala: Political, Security, and Socio-Economic Conditions and U.S. Relations , by [author name scrubbed]; and CRS Report RL34027, Honduras: Background and U.S. Relations , by [author name scrubbed]. and " Can UACs obtain asylum due to gang violence in their home countries? ." Why aren't UACs encountered at ports of entry turned away as inadmissible? Custody, Control, and Enforcement

		Which federal agencies have primary responsibility for maintaining custody of alien children without immigration status? The Flores settlement agreement establishes a "general policy" favoring the release of children from detention.
The beginning of FY2016 has seen an uptick in the number of alien minors apprehended at the U.S. border without a parent or legal guardian in comparison to the same time period in the prior year. This increase has prompted renewed questions regarding so-called unaccompanied alien children (UACs), many of which were previously raised in FY2013-FY2014, when a significant number of UACs were apprehended along the southern U.S. border.
Some of these questions pertain to the numbers of children involved, their reasons for coming to the United States, and current and potential responses of the federal government and other entities to their arrival. Other questions concern the interpretation and interplay of various federal statutes and regulations, administrative and judicial decisions, and settlement agreements pertaining to alien minors. This report addresses the latter questions, providing general and relatively brief answers to 15 frequently asked questions regarding UACs.
In particular, some of the questions and answers in this report provide basic definitions and background information relevant to discussions of UACs, such as the legal definition of unaccompanied alien child; the difference between being a UAC and having Special Immigrant Juvenile (SIJ) status; the terms and enforcement of the Flores settlement agreement; and why UACs encountered at a port of entry—as some recent arrivals have been—are not turned away on the grounds that they are inadmissible. Other questions and answers explore which federal agencies have primary responsibility for maintaining custody of alien children without immigration status; removal proceedings against such children; the release of alien minors from federal custody; the "best interest of the child" standard; and whether UACs could obtain asylum due to gang violence in their home countries. Yet other questions and answers address whether UACs have a right to counsel at the government's expense; their ability under the Vienna Convention on Consular Relations to have consular officials of their home country notified of their detention; and whether UACs are eligible for inclusion in the Obama Administration's Deferred Action for Childhood Arrivals (DACA) initiative.
Other CRS reports address the pre-FY2015 surge in the number of UACs encountered at the U.S. border with Mexico, as well as how UACs who are apprehended by immigration officials are processed and treated. These include CRS Report R43599, Unaccompanied Alien Children: An Overview, by [author name scrubbed] and [author name scrubbed]; CRS Report R43628, Unaccompanied Alien Children: Potential Factors Contributing to Recent Immigration, coordinated by [author name scrubbed]; CRS Report R43734, Unaccompanied Alien Children: Demographics in Brief, by [author name scrubbed] and [author name scrubbed]; CRS Insight IN10107, Unaccompanied Alien Children: A Processing Flow Chart, by [author name scrubbed]; and CRS Report R43664, Asylum Policies for Unaccompanied Children Compared with Expedited Removal Policies for Unauthorized Adults: In Brief, by [author name scrubbed].
Yet other CRS reports discuss the circumstances in foreign countries that some see as contributing to UACs' unauthorized migration to the United States. These include CRS Report R43702, Unaccompanied Children from Central America: Foreign Policy Considerations, coordinated by [author name scrubbed]; CRS Report R41731, Central America Regional Security Initiative: Background and Policy Issues for Congress, by [author name scrubbed] and [author name scrubbed]; CRS Report RL34112, Gangs in Central America, by [author name scrubbed]; CRS Report R43616, El Salvador: Background and U.S. Relations, by [author name scrubbed]; CRS Report R42580, Guatemala: Political, Security, and Socio-Economic Conditions and U.S. Relations, by [author name scrubbed]; and CRS Report RL34027, Honduras: Background and U.S. Relations, by [author name scrubbed].