(NEW YORK) — The Department of Homeland Security’s internal watchdog says it has uncovered an “urgent issue” with how immigration officials handle cases involving unaccompanied migrant children, warning in a new report that the Immigration and Customs Enforcement agency has been unable to keep track of all unaccompanied minors released from government custody.
The interim report, sent to Congress on Tuesday and obtained by ABC News, said that — in the past five years — more than 32,000 unaccompanied migrant children failed to appear for their immigration court hearings, and ICE was “not able to account” for all of their locations.
By law, the Department of Health and Human Services is responsible for the care of unaccompanied migrant children, so after they are initially taken into custody by U.S. authorities, it is ICE’s role “to ensure [their] timely and safe transfer” to HHS, which then often places them in shelters or qualified sponsors’ homes.
“Without an ability to monitor the location and status of [unaccompanied migrant children], ICE has no assurance [they] are safe from trafficking, exploitation, or forced labor,” Inspector General Joseph Cuffari wrote in his interim report.
He urged ICE to “take immediate action to ensure the safety of [unaccompanied children] residing in the United States.”
Cuffari’s report is part of a broader audit of ICE’s ability to track unaccompanied migrant children who have been released or transferred from U.S. custody after entering the country.
According to the interim report, from 2019 to 2023 — a period spanning both the Trump and Biden administrations — immigration officials transferred more than 448,000 unaccompanied migrant children from ICE custody to HHS.
After interviewing more than 100 officials and visiting ten ICE field offices, the inspector general found that immigration officials “cannot always monitor the location and status of unaccompanied migrant children who are released … and [then] did not appear as scheduled in immigration court.”
When unaccompanied migrant children do not show up to court, federal judges will often issue several continuances — to postpone the hearings for months — until they are left with no choice but to issue deportation orders.
In a statement Tuesday afternoon, ICE said it “is committed to the protection and well-being of children and works closely with [HHS] and other federal partners to fulfill its obligations under law.”
Earlier this year, ABC News attended several hearings at immigration court in Hyattsville, Maryland, where federal judges were forced to issue removal orders for unaccompanied migrant children who did not appear for their scheduled hearings. And for those who do appear, only 56% are represented by counsel, according to the Department of Justice.
ABC News previously reported that tens of thousands of unaccompanied young migrants are representing themselves before federal immigration judges due to a litany of issues crippling the court system.
In his interim report, Cuffari said that as of May 2024, more than 291,000 unaccompanied children had not been placed into removal proceedings because ICE had not served them notices to appear or scheduled a court date for them. Accordingly, the number of unaccompanied children who failed to appear for their court dates “may have been much larger” than 32,000 had ICE issued notices or scheduled court dates for those 291,000 children.
“Immigration court hearings are often ICE’s only opportunity to observe and screen [children] for trafficking indicators or other safety concerns,” the interim report said. So, according to the report, when ICE fails to service notices to appear, or schedule court dates, that “reduces opportunities to verify their safety.”
The report cited a number of key challenges for ICE, noting that, among other issues, “ICE still lacks adequate staffing, which can limit officers’ time and ability to check the location or immigration case status of migrants.”
“Resource constraints also impact [their] ability to issue [notices] to all [unaccompanied children] after their release from HHS’ custody,” the report said.
The report also said that ICE is burdene murder with special circumstances and personal use of a firearm, one count of attempted robbery with personal use of a firearm, and one count of grand theft with an allegation of principal armed with a firearm, according to Los Angeles County District Attorney George Gascón, who announced the charges at a news conference. The DA alleged Barceleau shot Wactor one time in his chest.
Sergio Estrada, 18, was also charged with one count of murder “with an allegation of principal armed with a firearm”; one count of attempted robbery “with an allegation of principal armed with a firearm”; and one count of grand theft “with an allegation of principal armed with a firearm,” the DA announced.
Leonel Gutierrez, 18, was charged with attempted robbery and grand theft with an allegation of a principal armed with a firearm.
Frank Olano, 22, was charged with three counts of being a felon in possession of a firearm, as well as receiving stolen property and being an accessory to murder.
If convicted, Barceleau faces a life sentence without the possibility of parole. Estrada faces a maximum sentence of life in prison with the possibility of parole. Olano faces five years and eight months in prison, and Gutierrez faces four years and eight months in prison if convicted.
Barceleau is being held without bail; Estrada is being held on $2,070,000 bail; Olano is being held on $1,080,000 bail; and Gutierrez on $120,000 bail. They will be arraigned on Aug. 29.
Gascón said at Monday’s news conference that he was “committed to seeking justice for Mr. Wactor and ensuring that those responsible are held accountable for their actions.”
“The loss of this talented young actor, who was in the prime of his life and had so much to offer the world, is deeply felt by all of us,” Gascón said. “Mr. Wactor’s work and presence touched the lives of many, and our hearts go out to his family, friends and the entire community who mourn this devastating loss.”
All four suspects have “very lengthy criminal records” and were allegedly affiliated with a gang, Los Angeles Police Department Lt. Ryan Rabbett said at the press conference.
Wactor, 37, was fatally shot “without provocation” in the early morning hours of May 25, after he ended his shift at a bar and was walking to his car, according to police. Police said the suspects had his car “raised up with a floor jack and were in the process of stealing the catalytic converter.”
Just before he was shot, Wactor had been with a female co-worker, and he immediately stepped in front of her to try to protect her, according to his family and friends.
“They had a mask on and they pulled out a gun,” Wactor’s friend, Colin Flynn, told ABC News. “And from what I understand, Johnny literally stood in between himself and his colleague. And the shooter just pulled the trigger and ran away.”
Following an extensive search, police announced Thursday they had arrested four suspects in the actor’s death.
After the arrests, Los Angeles Mayor Karen Bass said in a statement that “we must ensure that those who are responsible for this brazen and heinous act are held fully accountable.”
For months, family and friends of Wactor had pushed for arrests to be made in the case.
“I’m here because one of the best men — if not the best man — I’ve ever known, was tragically and brutally taken from this earth,” Wactor’s friend, Micah Parker, said at a news conference in June. “He was taken from his mother, his brothers, his extended family, his friends and his fans.”‘
In a press conference last week, Wactor’s mother, Scarlett Wactor, urged the mayor and district attorney to strengthen the criminal justice system.
“It needs to start with LA. People watch you from across the country. And this is where change needs to start,” she said.
Scarlett Wactor told reporters how the loss of her son has affected her.
“I’m beginning to sound like a broken record, but grief is my constant companion,” she said.
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