Email, Peter Boogaard, assistant press secretary for the National Security Council, the White House, May 3, 2016

10:09 a.m.

To your specific questions, HHS is required by congressional statute to take custody of unaccompanied children apprehended at the border. The TVPRA, which was passed by Congress in 2008, further directed HHS that each child must " be promptly placed in the least restrictive setting that is in the best interest of the child" (fact sheet from HHS here). In 2014, DHS reported an increase in the number of UACs apprehended at the southern border, and HHS did house some UACs on military bases out of necessity when they reached capacity at standard facilities operated by agencies that HHS has contracts with. This also occurred in 2012 for a temporary period of time. This was done due to an emergency need for additional space to temporarily house children, as dictated by Congressional statute.

The number of children apprehended at the border and referred to HHS custody varies significantly over the course of a single year and between years.  In the fall of 2015, the number of children being referred to HHS custody had increased and HHS sought to identify sites, including but not limited to DoD facilities, that could provide temporary shelter if needed to ensure that children could be cared for as directed by Congress.  Currently, no DoD facilities are being used as temporary shelters, but such facilities could be used in the future if it becomes necessary and provided that such use would not impact DoD operations.  As was reported in December 2015, HHS and DHS were taking necessary precautions to expand temporary shelter capacity "out of an abundance of caution" to prevent disruptions to the "vital national security mission" of the border patrol.