310
Opinion of the Court
The statement of basis and purpose accompanying promulgation of regulation 242.24, in addressing the question "as to whose custody the juvenile should be released," began with the dual propositions that "concern for the welfare of the juvenile will not permit release to just any adult" and that "the Service has neither the expertise nor the resources to conduct home studies for placement of each juvenile released." Detention and Release of Juveniles, 53 Fed. Reg. 17449 (1988). The INS decided to "strik[e] a balance" by defining a list of presumptively appropriate custodians while maintaining the discretion of local INS directors to release detained minors to other custodians in "unusual and compelling circumstances." Ibid. The list begins with parents, whom our society and this Court's jurisprudence have always presumed to be the preferred and primary custodians of their minor children. See Parham v. J. R., 442 U. S. 584, 602-603 (1979). The list extends to other close blood relatives, whose protective relationship with children our society has also traditionally respected. See Moore v. East Cleveland, 431 U. S. 494 (1977); cf. Village of Belle Terre v. Boraas, 416 U. S. 1 (1974). And finally, the list includes persons given legal guardianship by the States, which we have said possess "special proficiency" in the field of domestic relations, including child custody. Ankenbrandt v. Richards, 504 U. S., at 704. When neither parent, close relative, or state-appointed guardian is immediately available,5 the INS will normally keep legal custody of the juvenile, place him in a government-supervised and state-licensed shelter-care
5 The regulation also provides for release to any person designated by a juvenile's parent or guardian as "capable and willing to care for the juvenile's well-being." 8 CFR § 242.24(b)(3) (1992). "[To] ensur[e] that the INS is actually receiving the wishes of the parent or guardian," 53 Fed. Reg. 17450 (1988), the designation must be in the form of a sworn affidavit executed before an immigration or consular officer.
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