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Original Date Announced
March 25, 2025The Office of Refugee Resettlement (ORR) promulgated an interim final rule (IFR) rescinding a provision of the Biden Administration's Unaccompanied Children Program Foundational Rule ("Foundational Rule") that prohibited disqualifying potential sponsors of unaccompanied minor children "based solely on their immigration status," and collecting and sharing "information on immigration status of potential sponsors for law enforcement or immigration enforcement related purposes." The IFR 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 RuleEffective Date
March 25, 2025Subsequent Trump and Court Action(s)
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May 8, 2025
2025.05.08 Class Action Complaint - Angelica S. v. HHS
Five children in immigration custody and the Immigrant Defenders Law Center filed a class action lawsuit for injunctive and declarative relief challenging the IFR issued on March 24 and changes to ORR's sponsor requirements. The complaint alleges that issuance of the IFR exceeds the statutory authority of ORR and is arbitrary and capricious because it "represents a full reversal of a critical section of ORR's Foundational Rule without a reasoned explanation." It also violates the Administrative Procedure Act (APA) because ORR promulgated the IFR with immediate effect and without good cause supporting its decision to bypass notice and comment. Furthermore, plaintiffs assert that "children in ORR custody have a constitutional interest in family integrity."
Plaintiffs represent a putative class of all "unaccompanied children who are or will be in the custody of HHS and who have not been released to a sponsor because of ORR’s new documentation requirements."
*Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker
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Current Status
NoneOriginal Trump Policy Status
Status: Comment Period Final/Actual In LitigationTrump Administration Action: RuleAssociated or Derivative Policies
Pre Trump-Era Policies
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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(b) of the Unaccompanied Children Program "Foundation Rule" forbid ORR from "disqualify[ing] potential sponsors based solely on their immigration status," "collect[ing] information on immigration status of potential sponsors for law enforcement or immigration enforcement related purposes," and "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
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
ORR 0970-AD16 - Unaccompanied Children Program Foundational Rule
- Prior Policy
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Prior Policy
Original Source:
ORR 0970-AC93 - Unaccompanied Children Program Foundational Rule
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Subsequent Action
Original Source:
Class Action Complaint - Angelica S. v. HHS
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
2025.05.14 The Texas Tribune - An agency tasked with protecting immigrant children is becoming an enforcement arm, current and former staffers say
A dozen current and former government official told reporters that ORR's welfare mission appears to be shifting from "protecting children to becoming an enforcement arm," citing the use of the resettlement agency's information "to target both sponsors and unaccompanied children for deportation." The officials argue that the ORR is "drifting from its humanitarian mandate," but Trump officials maintain that the administration is ensuring children are not abused or trafficked.
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