Summary maintains that one-third of unaccompanied children in custody are held in juvenile halls designed for the incarceration of juvenile offenders, despite the fact that the majority are not delinquent, and are often co-mingled with delinquent offenders. Less than half are represented by legal counsel. The delegation visiting the facilities found “a disturbing lack of regard for the rights and needs of children asylum seekers and other young newcomers.” The delegation found that the INS has two irreconcilable and competing functions – custodial care and prosecutor.
