DHS says children being trafficked “outside” its responsibility

What’s New

The Department of Homeland Security (DHS) is facing scrutiny after Secretary Alejandro Mayorkas said the agency’s responsibility for addressing child-trafficking ends once minors are handed over to the Department of Health and Human Services (HHS).

Newsweek contacted the DHS and the White House for comment via email outside of normal office hours.

Why It Matters

Speaking on Face the Nation with Margaret Brennan on December 22, Mayorkas responded to questions about a report on missing migrant children.

President-elect Donald Trump’s incoming border czar, Tom Homan, has claimed that many of these children are being exploited and trafficked.

ICE failed to monitor more than 32,000 unaccompanied migrant children after their release from government custody, according to an audit by the Office of Inspector General at the Department of Homeland Security.

The audit revealed that from 2019 to 2023, ICE transferred over 448,000 unaccompanied children to the HHS. After their release from HHS custody, the agency faced challenges in tracking the whereabouts of many of these children. During this time, over 32,000 children missed scheduled immigration court hearings, with ICE unable to account for their locations.

The report reveals that the number of missing children may be even higher, as ICE did not issue Notices to Appear (NTAs) for 291,000 children, leaving them without court dates and outside the formal immigration system.

What to Know

“The incoming border czar, Tom Homan, says these children are being exploited and trafficked. Is that true?” Brennan asked.

“Margaret, we certainly have received reports of children being trafficked, even those as to whom we know where they are. That is outside the responsibility of the Department of Homeland Security,” Mayorkas said in response. “What we do is we turn children over within 72 hours, as the law requires, to the Department of Health and Human Services, and then HHS places those children.

“Of course, we investigate cases of trafficking, but there are children who are reunited with a parent here in the United States or a legal guardian, and they move, and sometimes the government loses track.

“Individuals do not comply with the reporting obligations, or otherwise, I think it is inaccurate to say that all of them are trafficked or victimized.

“There are a number of reasons why we might lose track of an individual that is not necessarily specific to this administration.

“That has been a long-standing challenge in the immigration system, one example of why that system is so broken, why the duration of time in proceedings is unacceptably long and has to be remedied. Remember, we’re dealing with a system that was last reformed in 1996.”

The remarks have drawn criticism from conservatives, who argue that inter-agency coordination is essential to combat child-trafficking.

In 2023, Trump pledged to impose the death penalty on human traffickers.

The statement has also sparked questions about the adequacy of safeguards to protect vulnerable children once they leave DHS custody.

The HHS has yet to respond to the concerns, while the DHS continues to stress its adherence to legal mandates in processing unaccompanied minors.

Mayorkas, who became the first cabinet member to be impeached since 1876, has faced a flurry of criticism from GOP lawmakers over his role as the country’s top immigration official.

What People Are Saying

Representative Chip Roy told KLBJ radio on November 19: “We need to seek truth wherever it may lead. And if these folks were violating the law, they knew it, and people died as a result, then there need to be consequences.

“So we need to figure out who’s to blame. We need to hold them accountable—criminal charges where it’s appropriate. And I think, I think that’s part of the preservation record request so we can identify, how did you do this? How did this happen?”

Tom Homan said on Hannity: “We are going to deputize every U.S. citizen in this country to help us find the 340,000 missing migrant children.”

Amy Farrell, director and professor of criminology and criminal justice at Northeastern University, told Newsweek that neither Republican nor Democratic policies are “particularly effective as anti-trafficking efforts.”

Chuck Callesto, a Florida political strategist and former candidate for Florida’s 3rd Congressional District, said in a post on X, formerly Twitter: Homeland Security Secretary Alejandro Mayorkas says child tr*fficking at the border “is OUTSIDE of our responsibility.”READ THAT TWICE…”

What Happens Next

With Trump set to return to the White House in days, Americans must brace for significant changes to U.S. immigration policy.

The president-elect has promised to carry out the largest mass deportation operation in U.S. history, shut down the CBP One app, restore Remain in Mexico, end Title 42 and catch and release.