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2.0

ORR updates the Unaccompanied Children Program "Foundational Rule" to permit sharing of sponsor immigration status with law enforcement

  1. Original Date Announced

    March 25, 2025

    The Office of Refugee Resettlement (ORR) promulgated an interim final rule (IFR) amending the Unaccompanied Children Program Foundational Rule ("Foundational Rule") to allow ORR to "share[] immigration status information relating to potential sponsors [of unaccompanied minor children] with law enforcement and immigration enforcement authorities." The IFR revokes a provision in the Biden administration's Foundational Rule, which prohibited ORR from sharing sponsors' immigration status, and in effect readopts a "memorandum of agreement" established between ORR, ICE, and CBP during the first Trump administration permitting information sharing for immigration enforcement purposes.

    The IFR is effective March 25, 2025, but public comments may be received until May 27, 2025.

    Trump 2.0 [ID #1646]

    2025.03.25 ORR 0970-AD16 - Unaccompanied Children Program Foundational Rule
  2. Effective Date

    March 25, 2025

Current Status

None

Original Trump Policy Status

Trump Administration Action: Rule
Subject Matter: Minors Interior
Agencies Affected: ICE CBP ORR

Pre Trump-Era Policies

  • April 13, 2018

    HHS's Office of Refugee Resettlement (ORR), DHS, CBP, and ICE executed a "Memorandum of Agreement" that mandated information-sharing between the agencies regarding unaccompanied minors, sponsors of unaccompanied minors, and individuals living in the same household as an unaccompanied minor.

    2018.04.13_MoA ORR, DHS, ICE, CBP - Information Sharing in Unaccompanied Alien Children Matters
  • April 30, 2024

    Section 410.1201 of the Unaccompanied Children Program "Foundation Rule" forbid ORR from "shar[ing] any immigration status information relating to potential sponsors with any law enforcement or immigration enforcement related entity at any time." This rule implemented provisions of the 1997 Flores Settlement Agreement regarding placement, care, and services provided to unaccompanied children in custody of ORR.

    2024.04.30_Unaccompanied Children Program Foundational Rule

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

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