On the occasion of Universal Children's Day, the Women's Commission for Refugee Women and Children calls on the incoming administration and new Congress to improve protection for the thousands of children who have fled their home countries to escape persecution, gang violence, family abuse or sexual trafficking. They are among the most vulnerable people in the world and deserve special consideration.

The detention of migrant children is a practice that it is inconsistent with the ideals of the U.S. Constitution as well as international law and standards.

In order to protect these vulnerable children, the incoming administration and new Congress must act to:

• Ratify the Convention on the Rights of the Child • Prevent the construction of additional family detention centers • Stop detaining migrant children and families and ensure that Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) do not hold unaccompanied children for more than 72 hours • Develop and implement a truly child welfare centered model for the care of unaccompanied alien children • Provide children in immigration proceedings with legal services, including pro bono counsel

In the short-term, those unaccompanied alien children who cannot be released should be held in the least restrictive setting appropriate for their needs and circumstances. Unduly harsh conditions in jail-like facilities are inconsistent with child welfare principles and standards of care for unaccompanied minors. Furthermore, the United States must support and fully fund alternatives to detention programs for those who are not otherwise eligible for release so that the detention of families with children is used only in exceptional circumstances and so that parents who are sole care givers are not separated from their children as a result of immigration enforcement activities.

In March 2003, the Homeland Security Act (HSA) transferred custody of unaccompanied alien children from the former Immigration and Naturalization Service (INS) to the Office of Refugee Resettlement(ORR). In an effort to assess the effectiveness of this transfer, the Women's Commission and the law firm of Orrick, Herrington & Sutcliffe LLP embarked on a study to determine the conditions of care and confinement for children who come to the United States without a parent or guardian.

The Women's Commission visited more than 30 facilities and interviewed staff, attorneys, advocates, social workers and more than 200 children. While this resulted in some improvements, many children continue to be detained in inappropriate conditions. The report, "Half Way Home," will be released in January 2009.

# # #

The Women's Commission was established in 1989 to address the particular needs of refugee and displaced women and children. The Women's Commission is affiliated with and is legally part of the International Rescue Committee, a non-profit 501(c)(3) organization. It does not receive direct financial support from the IRC.