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2.0

Reported: ICE granted access to Office of Refugee Resettlement unaccompanied minors database

  1. Original Date Announced

    February 14, 2025

    NPR reports multiple ICE officers have been granted access to information in the Office of Refugee Resettlement's (ORR) unaccompanied minors (UAC) database. Although ICE juvenile coordinators have always had access to ORR's UAC database, additional ICE personnel, not "trained in laws and regulations related to unaccompanied alien children," have now been granted access. This change occurs just as ORR published new guidance requiring fingerprinting for all adult sponsors and adult household members prior to release of a minor.

    The acting director of ORR said the new policy was necessary "to build a culture of child safety and accountability." Advocates say they fear use of the database for immigration enforcement against sponsor families.

    A Memorandum of Agreement for information-sharing between DHS and ORR was in place during the first Trump administration, but was terminated and replaced during the Biden administration.

    Trump 2.0 [ID #1544]

    2025.02.14 - NPR: ICE officers granted access to unaccompanied minors database
  2. Effective Date

    February 14, 2025
  3. Subsequent Trump and Court Action

    March 25, 2025

    2025.03.25 DHS OIG - ICE Cannot Effectively Monitor Location and Status of Unaccompanied Children

    DHS' Office of Inspector General published a report finding that ICE cannot effectively monitor the location and status of all unaccompanied children once released or transferred from DHS and HHS custody. The report states that 31,000 children released from HHS custody between 2019 and 2023 had missing or incomplete release addresses in their records; as of January 2025, 233,000 children had not been served with Notices to Appear (NTAs); and as of October 2024, 43,000 children with served NTAs failed to appear at their immigration-court hearings. The report also states ICE received insufficient information about children's "status and safety."

    The report contains four recommendations to improve ICE’s ability to monitor unaccompanied children: (1) review and revise information-sharing agreements between ICE and HHS; (2) develop and implement a process to review ICE system data and identify inaccurate or incomplete data; (3) develop and implement a plan to address the backlog of unserved NTAs for unaccompanied children; and (4) update existing guidance to clarify how ICE ERO officers should elevate concerns about children's safety or circumstances.

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  4. Subsequent Trump and Court Action

    April 12, 2025

    2025.04.12 Reported: Immigration agents turned away after trying to enter LA elementary schools - Independent

    The Independent reports that DHS officers attempted welfare checks on five immigrant children at two elementary schools in Los Angeles. DHS stated that agents “were at these schools conducting wellness checks on children who arrived unaccompanied at the border. This had nothing to do with immigration enforcement.” Los Angeles Unified School District Superintendent Alberto Carvalho said the officers falsely claimed they had parental authorization to contact the children; school officials told ICE they need a court order or a warrant.

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  5. Subsequent Trump and Court Action

    August 8, 2025

    2025.08.08 Reported: Federal law enforcement to begin interviewing unaccompanied migrant children in government custody - CNN

    CNN reports that the Trump administration has informed shelters operated by ORR that federal law enforcement agents will soon begin in-person interviews with unaccompanied migrant children in custody. According to the notice sent to shelter operators, the interviews are part of an “ongoing effort to identify and root out potential criminal activity.” The interviews will be conducted by an interagency federal team including officials from DHS and HHS. It is unclear how many children will be interviewed and whether the children will be permitted to have an attorney present.

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Current Status

None

Original Trump Policy Status

Status: Reported
Trump Administration Action: Change in Practice
Subject Matter: Minors Border
Agencies Affected: ORR HHS DHS ICE CBP

Pre Trump-Era Policies

  • March 11, 2021

    DHS (ICE and CBP) and HHS (Office of Refugee Resettlement, ORR) execute a Memorandum of Agreement that terminates and replaces a April 13, 2018, Memorandum of Agreement between the agencies that called for significant information-sharing. The 2021 agreement provided for limited information-sharing, but eliminated the requirement that ORR provide ICE with information on potential sponsors and adult members of the potential sponsor's household.

    2021.03.11 Memorandum of Agreement Among HHS and DHS
  • April 30, 2024

    HHS enacts a final rule implementing provisions from the 1997 Flores Settlement Agreement on placement, care, and services provided to unaccompanied children in ORR custody. Section 410.1201 of the final 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."

    2024.04.30 Unaccompanied Children Program Foundational Rule (45 C.F.R. Part 410)

Commentary

  • 2025.02.20 - Letter from Senator Ron Wyden to ORR Acting Director Harper Switzer - US Senate Committee on Finance

    In a letter to ORR Acting Director Harper Switzer, Senate Finance Committee Ranking Member Ron Wyden, D-Or. expressed concerns that "information sharing between ORR and ICE will compromise the care of children and deter timely family reunification and sponsorship of unaccompanied children." He also raised his concern about Switzer overseeing the information exchange as "Acting Director of ORR while on temporary detail from ICE, retaining [her] position as ICE Enforcement Removal Operations Field Office Director."

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