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Original Date Announced
February 14, 2025The Office of Refugee Resettlement (ORR) Administration for Children and Families issued Field Guidance #26, heightening "suitability assessment process" requirements that prospective sponsors and their families must undergo before unaccompanied children may be released to them from federal custody. ORR will now:
- require fingerprint background checks of multiple types of all adult sponsors, their adult household members, and adult caregivers identified in a sponsor care plan, regardless of sponsor category;
- "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
Trump 2.0 [ID #1538]
2025.2.14 ORR Field Guidance 26Effective Date
February 14, 2025Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveAgencies Affected: ORRAssociated or Derivative Policies
- April 13, 2018 ICE checking criminal backgrounds of each adult in the household of unaccompanied minors' sponsors
- September 21, 2018 Report that ICE arrests sponsors of unaccompanied minors
- July 24, 2020 ORR proposes new information collection about release of unaccompanied minors from ORR custody
- January 5, 2021 ORR proposes changes to application and agreement for sponsors of unaccompanied minors
Pre Trump-Era Policies
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May 15, 2018
The Administration for Children & Families requested OMB approval and public comments on a proposal to obtain biometric and biographical information from sponsors, adult members of their households, and adult care givers of unaccompanied children. The Office of Refugee Resettlement would share information collected with other federal departments to conduct background checks.
2018.05.15 Notice and Comment: Agency Recordkeeping/Reporting Requirements Under Emergency Review by the Office of Management and Budget (OMB) -
February 13, 2024
ORR Unaccompanied Children Bureau Policy Guide Section 2.5.1 describes ORR's background check requirements effective February 13, 2024. Potential sponsors and non-sponsor adult household members and adult caregivers identified in a sponsor care plan undergo different public records, criminal history, and child abuse and neglect background checks depending on sponsor category and individual circumstances.
ORR Unaccompanied Children Bureau Policy Guide Section 2.5.1
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
ORR Field Guidance #26
- Prior Policy
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Prior Policy
Original Source:
ORR Unaccompanied Children Bureau Policy Guide: Section 2.5.1
- Commentary
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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
2025.2.14 NYT - Trump Administration Toughens Rules for Release of Migrant Children
New York Times reporting on the new ORR field guidance, citing immigration advocates who warn the new policy will overcrowd federal shelters and detention centers along the border.
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