-
Original Date Announced
May 15, 2018The Administration for Children & Families requests approval and public comment on proposed increased vetting of sponsors of unaccompanied minors. Specifically, the information collection would allow the Office of Refugee Resettlement to obtain biometric and biographical information from sponsors, adult members of their household, and adult care givers. ORR in turn would share the information collected with other federal departments to conduct background checks. Information shared with DOJ or DHS could be used against the sponsors in criminal or immigration proceedings. [ID #35]
Notice and Comment: Agency Recordkeeping/Reporting Requirements Under Emergency Review by the Office of Management and Budget (OMB) -
Effective Date
May 15, 2018 -
Subsequent Trump and Court Action(s)
-
December 19, 2018
Press Release: Rep. DeLauro Statement on HHS Fingerprinting Policy Change
HHS will no longer require that all adults living in the same household as migrant children be fingerprinted before releasing the minor to the sponsor. Only the sponsors themselves will have to undergo fingerprinting.
View Document -
February 14, 2025
2025.2.14 ORR Field Guidance 26
On February 14, 2025, the Office of Refugee Resettlement (ORR) Administration for Children and Families issued Field Guidance #26, restoring the Trump-era policy identified in this entry.
The Field Guidance heightens the "suitability assessment process" requirements that prospective sponsors and their families must undergo before unaccompanied immigrant minors may be released from federal custody. Before releasing unaccompanied minors, ORR will now:
- require fingerprint background checks of all adult sponsors, their household members age 18+, and adult caregivers identified in a Sponsor Care Release;
- "only accept unexpired and legible photocopies" of identification documents;
- require potential sponsors, adult household members, and adult caregivers to present original (not copies of) unexpired identification documents when presenting themselves for fingerprinting; sponsors must present the same original documents when the child is released
-
December 19, 2018
-
Biden Administration Action: Revoked/Replaced
April 30, 20242024.04.30 Unaccompanied Children Program Foundational Rule (45 C.F.R. Part 410)
This Biden administration policy modifies and revokes in part the Trump-era policy identified in this entry.
On April 30, 2024, the Department of Health and Human Services, Administration of Children and Families, enacts a final rule regulating key aspects of the placement, care, and services provided to unaccompanied children in custody of the Office of Refugee Resettlement (ORR). The final rule implements the 1997 Flores Settlement Agreement.
Section 410.1202 of final rule addresses sponsor suitability. The rule makes fingerprinting of adult residents of the potential sponsor's household optional, including for FBI background checks. Section 410.1201 of the final rule addresses sponsors to whom ORR releases an unaccompanied child. The 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." The rule does not, however, prohibit ORR from sharing information regarding sponsors' criminal history with immigration or law enforcement authorities.
View Document
Current Status
Fully in EffectMost Recent Action
April 30, 2024 Action: Revoked/Replaced 2024.04.30 Unaccompanied Children Program Foundational Rule (45 C.F.R. Part 410)Acted on by Biden Administration
Original Trump Policy Status
Associated or Derivative Policies
Pre Trump-Era Policies
-
May 15, 2018
Previously, the primary sponsor was vetted, but not necessarily the other members of their household.
ORR Reunification Procedures for Unaccompanied Alien Children
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
Children as Bait: Impacts of the ORR-DHS Information-Sharing Agreement
Go to article