Processing, detention, and release of alien minors.

CFR · 2024-01-01 · US · Title 8

(a) (2) The provisions of this section apply to all minors in the legal custody of DHS, including minors who are subject to the mandatory detention provisions of the INA and applicable regulations, to the extent authorized by law. (b) (1) (i) Emancipated in an appropriate state judicial proceeding; or (ii) Incarcerated due to a conviction for a criminal offense in which he or she was tried as an adult. (2) (3) (4) (5) (6) (i) The minor is currently subject to a final order of removal; (ii) The minor's immigration history includes: A prior breach of bond, a failure to appear before DHS or the immigration courts, evidence that the minor is indebted to organized smugglers for his transport, or a voluntary departure or previous removal from the United States pursuant to a final order of removal; or (iii) The minor has previously absconded or attempted to abscond from state or Federal custody. (7) (8) (9) (10) (11) (12) (c) (2) If a reasonable person would conclude that an individual is an adult, despite his or her claim to be under the age of 18, DHS may treat such person as an adult for all purposes, including confinement and release on bond, recognizance, or other conditions of release. In making this determination, an immigration officer may require such an individual to submit to a medical or dental examination conducted by a medical professional or other appropriate procedures to verify his or her age. (3) If an individual previously considered to have been an adult is subse

official document · source cfr-2024 · id 8:§ 236.3