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Original Date Announced
May 30, 2019Initially reported in media, HHS, via an email to unaccompanied minor shelters, notified them that that the government will not pay for education or recreational activities retroactive to May 22, including related personnel costs, characterizing those costs as “unallowable.” A HHS official later told the Washington Post that the ORR would be discontinuing funding for activities “not directly necessary for the protection of life and safety, including education services, legal services, and recreation." [ID #81]
HHS Email to Child Migrant Shelters Trump administration cancels English classes, soccer, legal aid for unaccompanied child migrants in U.S. sheltersEffective Date
May 22, 2019Biden Administration Action: Revoked/Replaced
April 30, 20242024.04.30 Unaccompanied Children Program Foundational Rule (45 C.F.R. Part 410)
This Biden administration policy revokes the Trump-era policy identified in this entry.
On April 30, 2024, the Department of Health and Human Services, Administration of Children and Families, enacts a final rule regulating key aspects of the placement, care, and services provided to unaccompanied children in custody of the Office of Refugee Resettlement (ORR). The final rule implements the 1997 Flores Settlement Agreement.
Subpart D of final rule, relating to Minimum Standards and Required Services, mandates that ORR care facilities, both standard and secure, provided unaccompanied children with educational services, recreational activities, and in certain circumstances, legal services.
View DocumentCurrent Status
Not in effectMost Recent Action
April 30, 2024 Action: Revoked/Replaced 2024.04.30 Unaccompanied Children Program Foundational Rule (45 C.F.R. Part 410)April 30, 2024Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Change in PracticePre Trump-Era Policies
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September 16, 1996
The Flores Agreement sets out a nationwide policy for the detention, release, and treatment of minors in the custody of the DHS and HHS. Minors must be placed in the least restrictive setting appropriate to the minor's age and special needs, provided that such setting is consistent with its interests to ensure the minor's timely appearance for immigration interviews and the immigration courts and to protect the minor's well-being and that of others.
Flores Settlement Agreement
Commentary
Migrant Children May Lose School, Sports and Legal Aid as Shelters Swell
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