On a gloomy morning in April, 28-year-old Ely Rojas and his younger brothers were awakened by a knock at their apartment door in Boston. Uncertain of who it was, they remained silent, only to find out that U.S. Department of Homeland Security (DHS) agents were there to conduct a “welfare check” on his teenage brothers, Juan and Jaime.
The brothers, aged 13 and 15, had arrived in the U.S. over a year ago from El Salvador after their father abandoned them and their mother passed away from cancer. They had crossed into the U.S. with a group of other immigrants via the Mexican border, initially detained by federal authorities before being released into the care of Ely, their legal guardian. The Rojas family, fearing deportation, requested that their identities remain anonymous.
This unannounced visit by DHS agents, which has become more frequent in recent months, has raised concerns among attorneys, advocates, and guardians. Under the Trafficking Victims Protection Act of 2000, unaccompanied immigrant minors are generally monitored by the Office of Refugee Resettlement (ORR), part of the Department of Health and Human Services (HHS). Previously, this responsibility was held by U.S. Immigration and Naturalization Services, which had the authority to deport minors.
Legal advocates express concern that these new visits signal a shift in which DHS agents could once again gain control over the welfare of immigrant children, with the potential for deportation being reinstated.
“This is problematic as it could create conflict, and the end result could put the children’s safety at risk,” said Wendy Young, president of the advocacy organization Kids in Need of Defense (KIND). “The actions taken by the current administration could push children further underground, making them more vulnerable to trafficking.”
DHS officials, however, defend the visits, claiming they are part of efforts to identify and curb trafficking. A senior official stated that the Biden administration allows unaccompanied minors to be placed with “smugglers and sex traffickers” without proper vetting.
“DHS is leading efforts to conduct welfare checks on these children to ensure they are safe and not being exploited,” the official said, adding that DHS has successfully reunited 6,000 unaccompanied children with a “relative or safe guardian.”
However, DHS did not respond to questions regarding whether any of these children were deported, nor whether social workers from the ORR were involved in the welfare checks. The ORR also did not respond to inquiries about the role they played in these checks.
For Ely Rojas and his brothers, the visit created fear and confusion. According to the family’s attorney, the Rojas family had participated in over a dozen required check-ins with the ORR, which are designed to ensure that immigrant children are enrolled in school, aware of upcoming court dates, and safe. Despite these regular check-ins, DHS agents arrived unannounced.
“I was worried,” said Rojas, who later went to the Boston Police Department to voice his concerns. “I asked if there was a problem I needed to address, and they told me they didn’t collaborate with ICE and advised me to speak with my attorney.”
After the visit, Juan and Jaime became reluctant to go to school, fearful of potential deportation. “They are scared because they’ve seen videos of [ICE] knocking on doors, breaking them down, and being aggressive,” Rojas said. “They worry about being taken away without reason.”
Local immigrant service organizations confirm that Massachusetts is home to over 1,000 unaccompanied minors, and DHS welfare checks have been becoming more common. Some organizations, like Ascentria Care Alliance, which provides services for immigrant children, report that DHS reached out to ask for their assistance in conducting these visits.
“They asked if we could gather the children for inspection,” said Stephanie McCarthy, vice president of Children and Families Services at Ascentria. “We declined to share any information, including addresses, about the minors in our care.”
The Massachusetts Department of Children and Families declined to comment on whether DHS agents had visited minors in their custody. Other immigrant advocacy groups, such as the PAIR Project, report hearing of similar visits across the state and nearby regions.
Local immigrant attorneys also note that clients have been subjected to DHS visits. “They don’t have warrants or judicial orders, and they’re not from the state’s Department of Children and Families,” said Karen Bobadilla, an attorney at De Novo, which provides legal services to unaccompanied minors. “It’s confusing what authority they’re acting under.”
Some advocates argue that while tracking the welfare of unaccompanied minors is essential, these new actions raise serious concerns. “We believe it’s critical for the federal government, through ORR, to ensure the safety and well-being of children released into the U.S.,” said Wendy Young of KIND.
But she also emphasized that this responsibility should not fall under DHS enforcement. “These are enforcement visits, not welfare checks,” she stated.
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