DHS watchdog warns of ‘urgent issue’ after immigration officials allegedly lose track of unaccompanied children
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(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.
“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, immigration officials transferred more than 448,000 unaccompanied migrant children from 2019 to 2023, spanning both the Trump and Biden administrations. 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.
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 burdened by “manual, multi-step processes to share information on [children] who do not appear in court.”
The watchdog suggested that Homeland Security officials “develop and implement an automated system to document court appearances and maintain address information of unaccompanied migrant children.”
Agency officials agreed with the watchdog’s recommendation to incorporate an automated tracking mechanism, according to a brief response included with the 18-page interim report. But they also suggested that the assessments in the watchdog’s interim report failed to articulate some structural challenges that complicate their ability to track migrant children and “therefore lead to misunderstandings about the process.”
(NEW YORK) — A 28-year-old mother has been missing for two weeks under what police in Virginia said are believed to be “involuntary” circumstances.
Mamta Kafle was last seen on July 31 in Manassas Park, Virginia, about 30 miles outside of Washington, D.C, the Manassas Park Police Department said. She hasn’t had any contact with family or friends since then, police said.
Authorities said they believe Kafle is “involuntarily” missing, citing the length of time since she’s been seen.
“Investigators have conducted several follow-ups with neighbors, friends, co-workers and the husband,” police said in a statement. “The investigators are also utilizing several investigative tools to help in an attempt to locate Mamta Kafle.”
Manassas Park police gave a detailed timeline of the investigation on Thursday while asking for the public’s help in locating her.
Kafle, a registered nurse at a hospital, was last seen at work on July 27, police said. She spoke to a friend on July 28 and was last seen by her husband on July 31, police said.
Officers responded to their home on Aug. 2 to conduct a welfare check, police said. They had received the request to conduct a welfare check from her employer, Washington ABC affiliate WJLA reported. Her husband provided information but did not want to report her missing at that time, police said.
Three days later, on Aug. 5, her husband contacted police and reported her missing and she was entered as missing with Virginia State Police, police said.
Over the next several days, “detectives conducted an extensive investigation and found that there was a significant lack of recent contact by Mamta with her family, friends, employer and on social media postings,” police said.
At that point, detectives were able to elevate her missing person status to an involuntary/critical missing person and “additional resources have been afforded to this investigation,” said police, who subsequently released a missing person flyer to the public on Aug. 8.
Her friend and former colleague, Sunita Basnet Thapa, told WJLA the two bonded over both being from Nepal, and that she was a mentor to Kafle. She attended an event Tuesday in Manassas Park to raise awareness about Kafle’s disappearance and press for updates.
Basnet Thapa told WJLA they have “no clue what is going on,” adding that she has been waiting for news for 14 days.
The case remains active, police said.
“The husband, friends, and co-workers have all been cooperative throughout the investigation and detectives will continue to follow up on all investigative leads to locate Mamta Kafle,” the Manassas Park Police Department said Thursday.
Kafle’s friend, Nadia Navarro, who organized Tuesday’s gathering, told WJLA that it is unlike the mother to leave her 11-month-old daughter.
“Even if she was desperate, even if she might have been facing something, she wouldn’t have left her daughter,” Navarro told WJLA. “She was very self-sacrificial that way, no matter what would have been happening.”
ABC News was unable to reach Kafle’s family.
Her husband spoke to a crowd gathered in support of Kafle on Monday by phone, saying that he couldn’t attend because he was caring for their daughter, according to WRC.
“I need to find her as soon as possible, and then using all the tools — community, society, police,” he told the crowd.
Friends are planning to hold a search for Kafle on Thursday afternoon.
Kafle is 5 feet tall, weighs 132 pounds and has black hair and dark brown eyes, police said. She was last seen wearing blue scrubs, police said.
Police urge anyone with information to call the Manassas Park Police Department at 703-361-1136 or submit an anonymous tip to Manassas/Manassas Park Crime Solvers at 703-330-0330.
(WASHINGTON) — On Wednesday, Attorney General Merrick Garland issued a stern warning to those who would seek to harm election officials.
“I will reiterate again today, these cases are a warning if you threaten to harm or kill an election worker or official or volunteer, the Justice Department will find you and we will hold you accountable,” Garland said at a press event.
But more than three years after the Department of Justice announced a task force to “promptly and vigorously prosecute” offenders who threaten election workers, lawmakers and election officials have raised concerns about the federal government’s ability to effectively prosecute cases and deter threats ahead of the November election.
Election officials and advocates have criticized the task force for what they call a lack of transparency regarding its investigations, saying there have been yearslong delays in providing accountability, and that the task force has brought far too few cases following an onslaught of threats related to the 2020 election.
Of the more than 2,000 threats referred to the FBI by election workers, the Justice Department has opened 100 investigations, according to figures released in April. In total, the task force has charged 20 people and landed 15 convictions.
The numbers are modest, in part, because many of the threats received by election workers are protected by the First Amendment. But that’s done little to reassure the community of election workers and officials who have been left disillusioned by threats and harassment.
“It makes it really difficult to want to do the job when it also feels like your community, your state and your nation have turned on you,” said Amy Cohen, executive director of the National Association of State Election Directors. “You never know really if what you’re submitting is being investigated. You never really have any understanding of why something isn’t investigated.”
When reached for comment, a DOJ spokesperson highlighted the task force’s work engaging with election workers through more than 100 meetings and trainings, as well as helping FBI field offices and U.S. attorneys’ offices expand their capacity to investigate threats to election workers.
And ahead of the November election, Garland said “task force representatives” will be on the ground meeting with election workers and hosting events with the FBI to address issues and potential crimes.
But as Election Day approaches and threats to election workers persist, calls for action from the Justice Department have grown louder. In July, Sen. Jon Ossoff, D-Georgia, launched an inquiry into the DOJ’s work protecting election workers, and a group of senators last month wrote to Attorney General Merrick Garland saying that “more must be done to counter these persistent threats and ensure that election workers can do their jobs.”
As part of their inquiry, the group of senators asked the DOJ to tell them how many threats have been identified by the task force and the number of ongoing investigations and prosecutions. As of this week, the Justice Department had not responded to their request for more information about the task force’s progress.
‘Help is on the way’
The DOJ’s task force was launched in 2021 as election officials faced a torrent of threats related to the 2020 election. Led by the DOJ’s Public Integrity Section, the group was tasked with reviewing individual reports of threats, then partnering with United States attorney’s offices and FBI field offices to investigate and prosecute those cases.
“A threat to any election official, worker, or volunteer is, at bottom, a threat to democracy,” Deputy Attorney General Lisa Monaco wrote in a memo to prosecutors in June 2021. “We will promptly and vigorously prosecute offenders to protect the rights of American voters, to punish those who engage in this criminal behavior, and to send the unmistakable message that such conduct will not be tolerated.”
Election officials rejoiced, hoping the highly publicized announcement might serve as a deterrent and stem the tide of threats that was flooding their offices. At the time, 17% of local election officials reported having being threatened due to their job, while 32% reported feeling unsafe, according to a survey of election officials conducted in April 2021 by the bipartisan Brennan Center for Justice.
“When the DOJ announced a task force, we were thrilled in a lot of ways, because it was like, ‘Oh, there’s going to be help. Help is on the way,'” said Cohen.
But in the three years since the announcement, election officials have continued to face heightened threats, including physical violence, fentanyl-laced letters, swatting incidents, threatening voicemails, and violent threats on social media.
According to a May 2024 survey conducted by the Brennan Center, nearly 40% of local election officials reported experiencing threats, harassment, or abuse — a marked uptick from earlier surveys.
“The pressures that my colleagues fall under nationwide — over things that are literally unfounded — has become hard to deal with every day for folks who didn’t sign up for that kind of pressure,” said Dag Robinson, the county clerk in Harney County, Oregon.
‘Justice is not swift’
Despite the fanfare it received in 2021, the task force got off to a sluggish start. A year after it was formed, the Justice Department had only charged four cases despite reviewing over 1,000 referrals involving hostile or harassing contact, then-Assistant Attorney General Kenneth Polite told a meeting of election officials in 2022. Only 5% of referrals resulted in actual investigations.
While the task force’s success rate improved slightly over three years — charging 20 individuals, achieving 15 convictions, and losing one case — multiple election officials told ABC News that the modest number of cases compared to the thousands of threat referrals is disheartening.
“I could certainly recognize that my friends and colleagues across this country don’t feel supported,” said Julie Wise, the director of elections for King County, Washington.
In Colorado, officials say Secretary of State Jena Griswold has been the subject of thousands of abusive, harassing, and threatening communications over the last two years, including frequent messages calling for violence against her.
“You have a family, Jena,” one user said on social media “Think about that before you continue.”
Of the 1,140 threats referred to the Department of Justice by Griswold’s office since January 2023, 13 have led to investigations, and one case has been prosecuted, according to her office.
Election officials across the country say that in some instances, charges have been announced two or three years from the time a threat was made.
“It seems as though justice moves slowly, and I have seen that some clerks who were assaulted or threatened from the 2020 election just were [only recently] able to give their victim impact statements for the sentencing of those individuals — so justice is not swift.” said Barb Byrum, county clerk in Ingham County, Michigan.
‘Legally off the hook’
In response to election officials’ concerns, Justice Department officials say that charging cases requires a high burden of proof — and many of the threats targeting election workers are protected speech under the First Amendment. To land a conviction in a threats case, prosecutors must prove beyond a reasonable doubt that the statements are likely to be reasonably perceived as threatening — known as “true threats.”
“One of the biggest challenges in bringing these criminal cases is parsing what is a true threat from what is constitutionally protected speech,” according to Jared Davidson, counsel at nonprofit Protect Democracy.
Statements that are vague, hyperbolic, or figurative can be hard to prove as threats in a criminal setting, where defense attorneys can parse out the meaning of a statement to create reasonable doubt, said Davidson.
For example, the phrase “We’re going to take you out” could be perceived in multiple ways depending on the context of the statement, according to Eugene Volokh, a professor emeritus at UCLA School of Law.
“In context, that could mean ‘kill you,’ or it could mean ‘throw you out of office,'” Volokh said.
“A ‘vast majority’ of the communications directed at election officials, however offensive, are protected by the First Amendment and cannot be prosecuted,” then-Assistant Attorney General Polite said in 2022.
After prosecutors charged a Nevada man who, following the Jan. 6 assault on the Capitol, allegedly made multiple calls to the Nevada secretary of state’s office — including saying that they were “all going to … die” and wishing they would “all go to jail for treason” — a jury acquitted the defendant, illustrating the challenge of proving a true threat.
Adding to the challenge of bringing these cases is a 2023 Supreme Court decision that clarified the standard for true threats by finding that a defendant needs to have some awareness that their statement would be viewed as threatening.
“If you say something ambiguous and you don’t even realize that it might be perceived as a threat, you’re legally off the hook,” said Volokh.
Cohen, who said she has been publicly raising these concerns since early 2022, told ABC News that situation has led many election officials to believe that reporting threats can be “pointless,” which has led many of them to no longer refer threats to the task force. A 2024 Brennan Center survey showed that 45% of threats to election workers are unreported.
“It’s just hard not to feel, in some ways, like no one is taking this seriously,” Cohen said.
(NEW YORK) — A day after former President Donald Trump asked a federal appeals court for a stay that would delay the sentencing in his New York hush money case, the Manhattan district attorney’s office on Thursday asked the court to reject Trump’s request.
Trump’s longshot attempt to delay his Sept. 18 sentencing came a day after District Judge Alvin Hellerstein denied Trump’s bid to move his criminal case to federal court.
In a 28-page filing late Wednesday, Trump’s attorneys asked the United States Court of Appeals for the Second Circuit to stay Judge Hellerstein’s order — a move that would delay Trump’s criminal case, including his sentencing, from moving forward.
“Absent the requested stay, President Trump and the American people will suffer irreparable harm,” defense attorneys Emil Bove and Todd Blanche wrote.
In their filing on Thursday, prosecutors said there’s no reason for the appellate court to get involved.
“For one thing, state court is already considering defendant’s request to defer a ruling on his post-trial motion and to delay the sentencing hearing until after the election,” Steven Wu, chief of appeals in the Manhattan DA’s office, said in a letter filed to the court.
Trump’s lawyers claimed in the appeal that the former president’s case belongs in federal court because the allegations and evidence in the case relate to Trump’s official acts as president — an argument defense attorneys said was bolstered by the Supreme Court’s recent ruling on presidential immunity.
In their filing, Trump’s attorneys emphasized the “irreparable harm” of allowing the sentencing to proceed because it could result in Trump’s “unconstitutional incarceration while the 2024 Presidential election is imminent.”
“Unlawfully incarcerating President Trump in the final weeks of the Presidential election, while early voting is ongoing, would irreparably harm the First Amendment rights of President Trump and voters located far beyond New York County,” defense attorneys wrote.
Trump was found guilty in May on 34 felony counts of falsifying business records related to a hush money payment to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election. He has said he will appeal the decision.
On Friday, a panel of judges on the same federal appeals court is set to consider Trump’s appeal of a 2023 civil judgment that found him liable for the sexual abuse of magazine columnist E. Jean Carroll and awarded her $5 million in damages.
