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Original Date Announced
March 24, 2017On March 24, 2017, a few hours after Scott Lloyd became Director of the Office of Refugee Resettlement (ORR), an email was sent to ORR staff requiring that no unaccompanied children (UC) be released from secure or staff secure facilities without written authorization from the Deputy Director for UC Programs at ORR headquarters. [ID #1342]
2017.03.24 Email To ORR Staff Announcing New PolicyEffective Date
March 27, 2017Subsequent Trump-Era and Court Action(s)
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June 12, 2017
2017.06.12 ORR Policy Manual Rule 2.7 Amended
The new policy announced on March 24, 2017, requiring that no unaccompanied children (UC) be released from secure or staff secure facilities without written authorization from ORR headquarters was added to Rule 2.7 of the ORR Unaccompanied Children Program Policy Guide. The policy guidance expands the requirement for written authorization over release decisions to cover UCs who are not now--but once were--in a secure or staff secure facility: "The ORR/FFS elevates release decisions to the ORR Director, or the Director’s designee, for any UAC in a secure or staff secure facility, or for any UAC who had previously been in a secure or staff secure facility. The ORR Director or designee makes release decisions for children in these types of facilities."
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June 27, 2018
2018.06.27 Preliminary Injunction of ORR Director Review Policy
On June 27, 2018, Judge Paul A. Crotty of the Southern District of New York preliminarily enjoined the ORR director review policy as contained in Rule 2.7 of the ORR Unaccompanied Children Program Policy Guide in L.V. M. v. Lloyd et al, 1:18-CV-01453.
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July 30, 2018
2018.07.30 Motion Enforcing Flores Settlement Agreement
On July 30, 2018, Judge Dolly Gee of the Central District of California in overseeing compliance with the settlement agreement in Flores v. Sessions, CV-854544-DMG, ordered ORR to cease requiring approval by the ORR Director or their designee prior to the release of class members who "(1) were previously placed in secure or staff-secure facilities but have since been transferred to less restrictive settings; (2) prevailed on their Flores bond hearings; and/or (3) were placed in secure or staff-secure facilities based on incomplete, inaccurate, or erroneous information.
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December 12, 2023
2023.12.12 Order Approving Settlement Agreement
On December 12, 2023, Judge Paul A. Crotty entered an order approving a settlement agreement whereby ORR agrees to abide by the preliminary injunction entered on July 27, 2018, for a three-year term beginning on the date of final approval of the settlement by the court.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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Biden Administration Action: Revoked/Replaced
March 28, 2023ORR Unaccompanied Children Program Policy Guide: Section 2
On March 28, 2023, the ORR Unaccompanied Children Program Policy Guide was revised to revoke the director review policy and clarify that Federal Field Specialists act as agents of ORR to approve all UC release requests.
Go to article on acf.hhs.govCurrent Status
Not in effectMost Recent Action
March 28, 2023 Action: Revoked/Replaced ORR Unaccompanied Children Program Policy Guide: Section 2March 28, 2023Acted on by Biden Administration
Original Trump Policy Status
Status: Enjoined/VacatedTrump Administration Actions: Agency Directive Change in PracticeAgencies Affected: ORR