Skip to main content

DHS agrees that HHS will share information about unaccompanied children, sponsors, and household members

  1. Original Date Announced

    April 13, 2018

    DHS and HHS (Office of Refugee Resettlement, ORR) execute Memorandum of Agreement that mandates information-sharing regarding unaccompanied minors, sponsors of unaccompanied minors, and individuals living in the same household as an unaccompanied minor. Under the memorandum, ORR is required to provide ICE and CBP with any information regarding an unaccompanied minor. Potential sponsors of unaccompanied minors, and any other person living in the same household as the potential sponsor of an unaccompanied minor, will be required to submit biometric information, such as fingerprints, which will be shared with ICE and CBP. [ID #325]

    MOA Among ORR, ICE, and CBP Regarding Consultant and Information Sharing in Unaccompanied Alien Children Matters
  2. Effective Date

    May 13, 2018
  3.  
  4. Biden Administration Action: Revoked/Replaced

    March 11, 2021

    2021.03.11 Memorandum of Agreement Among HHS and DHS

    DHS (ICE and CBP) and HHS (Office of Refugee Resettlement, ORR) execute Memorandum of Agreement that terminates and replaces the April 13, 2018 Memorandum of Agreement between the agencies. The agreement provides for limited information sharing between the parties, but eliminates the requirement that ORR provide ICE with information regarding potential sponsors and adult members of the potential sponsor's household.

    View Document
  5. Biden Administration Action: Modified

    April 30, 2024

    2024.04.30 Unaccompanied Children Program Foundational Rule (45 C.F.R. Part 410)

    HHS enacts a final rule implementing provisions from the 1997 Flores Settlement Agreement regarding placement, care, and services provided to unaccompanied children in custody of ORR. Section 410.1201 of the final rule mandates that ORR "shall not collect information on immigration status of potential sponsors for law enforcement or immigration enforcement related purposes. ORR shall not share any immigration status information relating to potential sponsors with any law enforcement or immigration enforcement related entity at any time."

    View Document

Current Status

Not in effect

Most Recent Action

April 30, 2024 Action: Modified 2024.04.30 Unaccompanied Children Program Foundational Rule (45 C.F.R. Part 410)
March 11, 2021
Acted on by Biden Administration
April 30, 2024
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Actions: Agency Directive Change in Practice
Subject Matter: Border
Agencies Affected: ORR ICE CBP

Pre Trump-Era Policies

  • April 14, 2014

    Previously, DHS was required to submit a request for information to ORR, and information regarding the sponsor's immigration status, and that of other individual's living in the sponsor's household was not routinely forwarded to DHS.

    Requests for UAC Case File Information

Commentary

  • What We Know: Family Separation and "Zero Tolerance" at the Border

    what we know about the family separation policy, its history and its effects

    Go to article

To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com