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1. Home
2. Office of Refugee Resettlement (ORR)
3. Policy & Guidance
4. ORR Unaccompanied Children Program Policy Guide: Section 2
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ORR UNACCOMPANIED CHILDREN PROGRAM POLICY GUIDE: SECTION 2
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SAFE AND TIMELY RELEASE FROM ORR CARE
Current as of: April 1, 2024
2.1 SUMMARY OF THE SAFE AND TIMELY RELEASE PROCESS
The Office of Refugee Resettlement (ORR) has policies and procedures in place to
ensure unaccompanied children in ORR care are released in a safe, efficient, and
timely manner. ORR’s policies require the release of unaccompanied children to
parents, guardians, relatives, or individuals designated by the child’s parents,
referred to as “sponsors.” Safe and timely release (also known as “family
reunification”) must promote public safety and ensure that sponsors are able to
provide for the physical and mental well-being of children.
ORR evaluates potential sponsors’ ability to provide for the child’s physical
and mental well-being, as required by law. ORR also protects children from
smugglers, traffickers, or others who might seek to victimize or otherwise
engage the child in criminal, harmful or exploitative activity. The process for
the safe and timely release of an unaccompanied child from ORR custody involves
several steps, including: the identification of sponsors; sponsor application;
interviews; the assessment (evaluation) of sponsor suitability, including
verification of the sponsor’s identity and relationship to the child (if any),
background checks, and in some cases home studies; and post-release planning.
In certain cases, ORR may begin vetting the potential sponsors of unaccompanied
children likely to enter ORR care prior to their physical transfer to further
diminish the time a child would remain in ORR care (see UC Policy Guide Section
2.2 Sponsor Application Process).
Revised 2/22/24
2.2 SPONSOR APPLICATION PROCESS
As soon as a child is physically transferred to ORR custody, ORR begins to
assess potential sponsors, which may include interviewing the child, their
parent(s), legal guardian(s), or other primary caregiver(s), in order to
identify family members and others who may be qualify as sponsors to care for
the child. Sponsors may include parents, relatives, close family friends, or
other individuals, and any of these individuals may apply to have the child
released to their care (see UC Policy Guide Section 2.2.1 Identification of
Qualified Sponsors).
In addition, ORR may begin vetting potential sponsors of children likely to be
referred to ORR prior to their physical transfer, where the federal agency
communicates they will likely be determined to be unaccompanied children, in
response to specific humanitarian missions and other special operations. In
these cases, ORR will not wait for children to placed in an ORR care provider
facility to begin its reunification process, but will instead follow discrete
guidance, published as Field Guidance, tailored to the requirements and legal
authorities of the specific circumstance.
Revised 2/22/24
2.2.1 IDENTIFICATION OF QUALIFIED SPONSORS
The ORR care provider, the ORR funded facility that cares for the child,
interviews the child as well as parents, legal guardians, and/or family members
to identify qualified custodians (“sponsors”) (see the section below on how ORR
confirms relationship with child). If a child is either too young or there are
other factors that prohibit the care provider from obtaining potential sponsor
information from the unaccompanied child, the care provider may seek assistance
from the child’s consulate in collaboration with the ORR Federal Field
Specialist (ORR/FFS) or from a reputable family tracing organization. Finding a
sponsor for the child is an ongoing process that continues during the
unaccompanied child’s stay in ORR care and custody in the event that the primary
potential sponsor or primary release plan is not approved.
ORR releases children to a sponsor in the following order of preference:1
parent; legal guardian; an adult relative (brother, sister, aunt, uncle,
grandparent or first cousin); an adult individual or entity designated by the
parent or legal guardian (through a signed declaration or other document that
ORR determines is sufficient to establish the signatory’s parental/guardian
relationship); a licensed program willing to accept legal custody; or an adult
individual or entity seeking custody when it appears that there is no other
likely alternative to long term ORR care and custody. ORR has grouped UC cases
into the following categories.2
* Category 1: Parent or legal guardian. This includes qualifying step-parents
that have legal or joint custody of the child or teen.
* Category 2A: A brother; sister; grandparent or other immediate relatives
(e.g., aunt, uncle, first cousin) who previously served as the UC’s primary
caregiver. This includes biological relatives, relatives through legal
marriage, and half-siblings.
* Category 2B: An immediate relative (e.g., aunt, uncle, first cousin) who was
not previously the UC’s primary caregiver. This includes biological
relatives, relatives through legal marriage.
* Category 3: Other sponsor, such as distant relatives and unrelated adult
individuals
* Category 4: No sponsor identified
Although ORR gives preference to a parent or legal guardian when determining
release plans, there are instances when ORR does not release an unaccompanied
child to a parent or legal guardian. These include:
* There has been a court ordered termination of parental rights over the child.
* There is substantial evidence that the child would be at risk of harm if
released to the parent or legal guardian.
In some cases, a UC enters the United States with their biological child. In
those cases, ORR identifies a sponsor for the UC as well as for the infant or
toddler. In most instances, it is in the best interest of the UC and the
biological child to be released to the same sponsor. In cases where the
relationship between the UC parent and the sponsor and the infant and the
sponsor fall under different sponsor categories, ORR assigns the sponsor
category representing the closer relationship in the infant’s case. For example,
if the relationship between the UC parent and the sponsor falls under Category
2A and the relationship between the sponsor and infant falls under Category 3,
then category assigned in the infant’s case would be Category 2A.
Revised 03/8/2022
2.2.2 CONTACTING POTENTIAL SPONSORS
The child’s care provider is responsible for implementing safe screening methods
when contacting and communicating with potential sponsors. These methods are to
ensure that a potential sponsor does not pose a risk to the unaccompanied child,
to other children in the care provider facility or to care provider staff.
Safe screening methods include:
* Use of appropriate interpreters
* Proof of sponsor’s identity is obtained
* Verification of family relationships
* Coordination with the unaccompanied child’s parents, legal guardians, or
closest relatives prior to contacting non-relative adult potential sponsors
* Screening for exploitation, abuse, trafficking, or other safety concerns
* Engaging the child to communicate openly with care provider staff about their
own sense of safety
Effective 02/13/24
2.2.3 THE FAMILY REUNIFICATION APPLICATION
All potential sponsors must complete an application in order for a child to be
released to them from ORR custody (the “Family Reunification Application”).
Within 24 hours of identification of a potential sponsor for a child or youth,
the care provider or the ORR National Call Center sends the sponsor a package
with the application and related documents (called the Family Reunification
Packet or FRP).
The application package includes the following documents:
* Family Reunification Packet Cover Letter
* Authorization for Release of Information
* Family Reunification Application (FRA)
* Sponsor Care Agreement
* A flyer with contact information on organizations offering a Legal
Orientation Program for Custodians (LOPC)
* A flyer with contact information for the UC Sexual Abuse Hotline
* Fingerprint instructions
* Sponsor Handbook
* Letter of Designation for Care of a Minor (If parent or legal guardian wishes
to specify)
* A flyer warning sponsors of potential fraud schemes
The care provider is available to help the potential sponsor complete the
application. ORR may require certain sponsors to fill out the FRA and other
documents based on concerns related to safety, including sponsor motivation. ORR
may in its discretion require the sponsor to submit their own FRA if there has
been a safety concern identified that indicates that the sponsor should file the
FRA without the case manager’s assistance OR if the sponsor indicates that they
prefer to submit the FRA by themselves.
The care provider case manager or other care provider staff or volunteer may
assist the sponsor by filling out the FRA with a sponsor over the phone.
The case manager or other care provider staff or volunteer must read the
attestation of perjury that is found in the FRA to the sponsor. The completed
FRA is sent to the sponsor for verification. Sponsors must verify and sign the
FRA and submit back to the case manager with any corrections. Copies, including
photographs, and/or electronic signatures are accepted.
Revised 03/8/22
2.2.4 REQUIRED DOCUMENTS FOR SUBMISSION WITH THE APPLICATION FOR RELEASE
In addition to completing and signing the Family Reunification Application (FRA)
and the Authorization for Release of Information (ARI), potential sponsors must
provide documentation of identity, address, and relationship to the child they
seek to sponsor.3 Potential sponsors must also submit documentation verifying
the identity of the children they seek to sponsor, and evidence verifying the
identity of all adults residing with the sponsor and all adult caregivers
identified in a sponsor care plan. In addition to their use as evidence of the
foregoing, all documentation submitted under this section is used as part of the
overall sponsor assessment process. See Section 2.4 Sponsor Assessment Criteria
and Home Studies. As a result, ORR may in its discretion require potential
sponsors to submit additional documentation beyond the minimums specified below.
Proof of Sponsor Identity
To verify their identity, all potential sponsors must submit original versions
or legible copies of government-issued identification documents. They may
present either one selection from List A or two or more documents from List B.
If a potential sponsor presents selections from list B, at least one selection
must contain a legible photograph. Expired documents are acceptable for the
purpose of establishing identity.
LIST OF ACCEPTABLE DOCUMENTS
List AU.S. Passport or U.S. Passport CardPermanent Resident Card or Alien
Registration Receipt Card (Form I-551)Foreign Passport that contains a
photographEmployment Authorization Document that contains a photograph (Form
I-766)U.S. Driver's License or Identification Card
OR
LIST BU.S. Certificate of NaturalizationU.S. Military Identification CardBirth
CertificateMarriage CertificateCourt order for name changeForeign national
identification cardConsular passport renewal receipt that contains a
photographMexican consular identification cardForeign driver's license that
contains a photographForeign voter registration card that contains a
photographCanadian border crossing card that contains a photographMexican border
crossing card that contains a photograph with valid Form I-94Refugee travel
document that contains a photographForeign driver's license that contains a
photographOther similar documents (includes ORR Verification of Release form
with a photograph for individuals under the age of 214
Proof of identify of adult household members and adult caregivers identified in
a sponsor care plan
As a general matter, ORR prioritizes the placement of unaccompanied children
with parents and legal guardians available to provide care and custody in the
United States (i.e., Category 1 sponsors). Where there are no safety concerns,
ORR does not require proof of identify for household members and adult
caregivers of Category 1 sponsors, so long as:
* The child is not determined to be especially vulnerable through ORR’s
screening and assessment process;
* The child is not subject to a mandatory Trafficking Victims Reauthorization
Act (TVPRA) home study (See Section 2.4.2 Home Study Requirement); and
* There are no other safety concerns present in the case, including relating to
abuse or neglect.
When an individual is simultaneously sponsoring multiple closely related
children for whom they would be a Category 1 and Category 2A or Category 2B
sponsor, the proof of identity for HHM and adult caregiver is not required so
long as there are no safety concerns as described above. All other potential
sponsors that do not meet the criteria above must submit documentation verifying
the identity of non-sponsor adults in their household and adult caregivers named
in the sponsor care plan. Potential sponsors must submit at least one
identification document that contains a photograph for all such adults. The
document may be from either List A or List B above and may be an original
version or a legible copy of the document. Expired documents are acceptable for
the purpose of establishing identity.
Proof of Address
All potential sponsors must submit at least one form of documentation verifying
their current address. Acceptable forms of documentation include original
versions or legible copies of:
* A current lease or mortgage statement dated within the last two months before
submission of the FRA;
* A valid, unexpired state ID with current address and photo;
* A utility bill, addressed in the sponsor’s name and dated within the last two
months before submission of the FRA;
* A bank statement dated within the last two months before submission of the
FRA;
* A payroll check stub issued by an employer, dated within the last two months
before submission of the FRA;
* A piece of mail from a county, state, or federal agency (with the exception
of ORR) with the sponsor’s name and residential address and dated within the
last two months before submission of the FRA;
* A notarized letter from a landlord on the business stationary of the real
property owner confirming the sponsor’s address; and
* Other similar documents reliably indicating that the sponsor resides at the
claimed address, dated within the last two months before submission of the
FRA.
ORR may use alternative methods to verify address. For example, ORR may send a
letter containing specific instructions to the address given by the sponsor and
provide a timeline by which the sponsor must comply with the instructions.
Proof of Child’s Identity
The potential sponsor or child’s family must provide the unaccompanied child’s
birth certificate or a legible copy of the child’s birth certificate.
Proof of Sponsor-Child Relationship
The potential sponsor must provide at least one form of evidence verifying the
relationship claimed with the child.5 Acceptable documents include original
versions or legible copies of:
* Birth certificates;
* Marriage certificates;
* Death certificates;
* Court records;
* Guardianship records;
* Hospital records;
* School records;
* Written affirmation of relationship from Consulate; and/or
* Other similar documents.
Category 2A potential sponsors providing evidence of “primary caregiver”
Category 2A sponsors who are not grandparents or adult siblings must prove they
are or were the child’s primary caregiver. A primary caregiver is defined as any
person who is primarily entrusted with the child’s care and who lives with the
child.
If the potential sponsor has any guardianship documents or other documents from
a state or foreign government, they must submit this with the Family
Reunification Application. ORR also accepts sworn affidavits from potential
sponsors in addition to corroborating interviews the case manager has with the
child, potential sponsor, and other family members to establish whether the
potential sponsor was a primary caregiver to the child.
Category 3 potential sponsors without a bona fide pre-existing relationship
Category 3 potential sponsors who are unable to provide verifiable documentation
of a familial relationship with the unaccompanied child must submit evidence
that reliably and sufficiently demonstrates a bona fide social relationship with
the child and/or the child’s family that existed before the child migrated to
the United States. Care providers must attain sufficient corroboration to be
confident that they have received needed verification of the relationship
between the potential sponsor and the child or child’s family.
If a Category 3 potential sponsor does not submit evidence that reliably and
sufficiently demonstrates a bona fide preexisting social relationship between
the potential Category 3 sponsor and the child and/or the child’s family, ORR
may take this into account when determining the suitability of the case for
release. In such cases ORR may require that the potential Category 3 sponsor,
the child, and the child’s family, establish ongoing regular contact while the
child is in ORR care, prior to a release recommendation.
Criminal History
If a potential sponsor has been charged with or convicted of any crime or
investigated for the physical abuse, sexual abuse, neglect, or abandonment of a
child, they must provide related court records and police records, as well as
governmental social service records or proof of rehabilitation related to the
incident where there has been a substantiated finding or a conviction.
Fraud
If a sponsor, household member, or adult caregiver provides any false
information in the application of release and/or accompanying documents or
submits fraudulent documents for the purposes of obtaining sponsorship of the
child, ORR will report the incident to HHS/Office of the Inspector General
(OIG). Fraudulent documents include documents on which the address, identity, or
other relevant information is false or documents that have been manufactured or
altered without lawful authorization. ORR may deny release if it is determined
that fraudulent documents were submitted during the application of release
process.
Effective 02/13/24
2.2.5 LEGAL ORIENTATION PROGRAM FOR CUSTODIANS
All potential sponsors of children and youth under the care of ORR should attend
a presentation provided by the Legal Orientation Program for Custodians (LOPC).
The purpose of this program is to inform potential sponsors of their
responsibilities in ensuring the child’s appearance at all immigration
proceedings, as well as protecting the child from mistreatment, exploitation,
and trafficking, as provided under the Trafficking Victims Protection
Reauthorization Act of 2008. The program also provides information about
possible free legal counsel (pro bono legal services) for the youth or child
during the immigration court process.
The Office of Legal Access Programs (OLAP), within the Executive Office for
Immigration Review (EOIR) at the U.S. Department of Justice, manages the LOPC
and contracts with legal service organizations around the country to provide
LOPC services to potential sponsors in their local communities or in
metropolitan areas served by the program. EOIR is the entity in the federal
government that is also responsible for adjudicating immigration cases by
fairly, expeditiously, and uniformly interpreting and administering the nation's
immigration laws.
The unaccompanied child’s case manager is responsible for informing potential
sponsors about all procedures related to the child’s case--including attendance
at an LOPC presentation. The Family Reunification Packet (FRP) that goes to each
potential sponsor includes an Authorization for Release of Information that the
sponsor must sign before the case manager may schedule an appointment for LOPC
services. All potential sponsors should submit the Authorization for Release of
Information immediately and prior to submitting the complete FRP to ensure
timely scheduling of their LOPC session.
Upon receipt of the Authorization, the case manager schedules an appointment for
a potential sponsor to attend a presentation with one of the LOPC providers
around the country. Alternatively, the case manager contacts the LOPC
National Call Center at (888) 996-3848 and arranges for the Call Center to
schedule an LOPC appointment for the potential sponsor or mail an LOPC
Information Packet to the sponsor.
When evaluating family members and other potential sponsors, ORR considers
whether they have attended an LOPC presentation. Attendance at an LOPC
presentation is a factor in the release assessment.
Revised 12/4/17
2.2.6 ADDITIONAL QUESTIONS AND ANSWERS ABOUT THIS TOPIC
Q: Will sponsors receive the Family Reunification Packet through the mail or
electronically?
A: Case managers will work with sponsors to identify the best way to get the
packets to them, whether electronically or by fax transmission or postage paid
overnight mail.
Q: Do sponsors need assistance from an attorney or a paid representative to
complete the packet?
A: No. The unaccompanied child’s case manager will be able to help the potential
sponsor complete the form and explain the process.
Q: Is it possible for an unaccompanied child’s spouse to be a sponsor?
A: ORR considers release to an unaccompanied child’s adult spouse on a case by
case basis.
Q: Is it possible for family members in the United States to proactively contact
ORR about children who may have entered the country unaccompanied?
A: Yes. Family members may call the ORR National Call Center, at (800) 203-7001.
Posted 01/27/15
2.3 KEY PARTICIPANTS IN THE RELEASE PROCESS
ORR’s sponsor assessment and release decision process requires coordination
among care provider staff, nongovernmental third-party reviewers (Case
Coordinators), ORR staff, other Federal agencies, stakeholders, and Child
Advocates, where applicable.
Case Managers communicate with potential sponsors, gather necessary information
and documentation, talk to any relevant stakeholders, and assess sponsors to
formulate a recommendation to the Case Coordinator. Case Coordinators
concurrently review all assessment information on an unaccompanied child and
sponsor to also make a recommendation. Once Case Managers and Case Coordinators
agree on a particular recommendation for release, the ORR/FFS makes a final
release decision. If the Case Manager and Case Coordinator cannot agree on a
recommendation, the case is elevated to the ORR/FFS for further guidance.
Revised 06/18/19
2.3.1 ORR/FEDERAL FIELD SPECIALISTS (ORR/FFS)
ORR/FFS are ORR’s field staff located regionally throughout the country and are
assigned to a group of care providers within a particular geographic region. ORR
has final authority on transfer and release decisions. ORR/FFS act as agents of
HHS/ORR to approve all unaccompanied children transfer and release requests. In
addition, ORR/FFS have authority to oversee care providers to ensure all
services are properly provided and implemented and serve as a local liaison
to community stakeholders, including other Federal agencies, local legal service
providers, communities, Child Advocates, etc. ORR/FFS also provide guidance,
direction, and technical assistance to care providers.
Acting as agents of HHS/ORR, ORR/FFS also make final decisions as to whether
home studies are conducted and/or post-release services are provided.6 ORR/FFS
coordinate all aspects of a child’s case with care provider staff, Case
Coordinators, stakeholders, and other Federal agencies.
Revised 03/28/23
2.3.2 CASE MANAGERS
Care provider case managers perform a variety of duties, including coordinating
the completion of assessments of unaccompanied children, completing individual
service plans, assessing potential sponsors, making transfer and release
recommendations, and coordinating the release of a child or youth from ORR care
and custody. Care providers are required to provide case management services, at
minimum, during normal business hours. ORR may also require care providers to
extend service hours to evenings and weekends (e.g., requiring availability of
case management services seven days a week, including holidays, 8am through 10pm
local time). The care provider also provides a range of services through other
trained staff that are described in Section 3: Services.
The role of the case manager within the release process is to initiate and
maintain ongoing communication with the potential sponsor, gather sponsor
information, and assess whether the potential sponsor is a suitable sponsor who
can safely provide for the physical and mental well-being of the child or youth.
When communicating with the potential sponsor, the case manager:
* Provides direct assistance on completing the sponsor application packet and
ensuring provision of supporting documentation;
* Involves the sponsor in making a plan for individualized services for the
child, as appropriate;
* Keeps the sponsor informed of the child’s progress and current functioning;
* Provides the sponsor with detailed information about the child’s needs in
order to fully assess the sponsor’s ability to provide care and services,
including completing a sponsor care plan, when necessary;
* Discusses services that are available in the sponsor’s community for the
child; and
* Shares relevant information on the UC in accordance with applicable privacy
and information-sharing policies, including policy related to a child’s
pregnancy or abortion decision as found in Policy Memorandum: Medical
Services Requiring Heightened ORR Involvement (PDF), and in collaboration
with the UC and the child’s clinician in a way that best serves the child’s
safety and well-being.
The case manager’s role is also to ensure that information is gathered or shared
with the appropriate staff and stakeholders during the sponsor assessment
process. The case manager participates in weekly case management staffings with
the child’s assigned case coordinator and ORR/FFS on the progress in achieving a
safe and timely release with family members as well as potential challenges that
may delay a release. The Child Advocate may attend case staffings, at the
request of the FFS. Case management staffings may occur monthly for children in
LTFC if they are not being considered for reunification to a sponsor.
The case manager provides weekly status updates (monthly for children in LTFC if
they are not being considered for reunification to a sponsor) to the child on
the child’s case and provision of services, preferably in person. The child may
have their attorney of record and Child Advocate present for these case
management updates, if applicable.
The case manager provides legal service providers (LSPs), attorneys of record,
and Child Advocates, if applicable, of the progress of a child’s case on a
weekly basis on case management decisions, which includes the following:
* Notification that a child may not have a potential sponsor,
* Change in sponsor categories,
* Any final release decisions, and
* When a child has been recommended for, has initiated, or is pending transfer
to a different level of care (specifically long-term foster care), and when a
child’s transfer request has been approved.
LSP and attorneys of record information requests for a child’s case file
information beyond these updates must go through the established case file
request process in Section 5.10.1 UC Case File Request Process.
Case managers may share case information with ORR post-release and home study
providers and Unaccompanied Refugee Minors (URM) providers if a child is being
referred for those services.
Revised 08/07/2023
2.3.3 CASE COORDINATORS
Case Coordinators are non-governmental contractor field staff assigned to one or
more care providers primarily to review unaccompanied children cases and provide
transfer and release recommendations to ORR staff. The Case Coordinator is
responsible for integrating all areas of assessment from the Case Manager, Child
Advocates, where applicable, and other stakeholders into a release plan that
will provide for the unaccompanied child’s physical and mental well-being. After
staffing and reviewing a case, Case Coordinators and Case Managers must agree on
a release recommendation. If there is a disagreement or a particularly complex
case, then the case will be elevated to the ORR/FFS for further guidance.
* Providing timely review and assessment of potential sponsors and
unaccompanied children to make recommendations for release to ORR in
conjunction with the Case Manager;
* Assisting ORR in ensuring that children are placed in the least restrictive
setting while receiving all appropriate services;
* Meeting with individual unaccompanied children and care provider staff at
designated ORR-funded care provider sites;
* Providing targeted child welfare-based assistance to care provider staff, as
directed by ORR staff;
* Making recommendations for home study and post-release services for at-risk
children;
* Making placement recommendations for children who require more specialized
levels of care, such as long-term foster care and residential treatment
centers;
* Participating in collaborative meetings with local stakeholders; and
* Participating in staffing of cases with care providers and designated ORR
staff.
Revised 08/1/16
2.3.4 CHILD ADVOCATES
ORR may appoint Child Advocates for victims of trafficking and other vulnerable
children. Child Advocates are third parties who make independent recommendations
regarding the best interests of a child. Their recommendations are based on
information that is obtained from the child and other sources (e.g., the child’s
parents, potential sponsors, government agencies, and other stakeholders). Child
Advocates formally submit their recommendations to ORR and/or the immigration
court in the form of Best Interest Determinations (BIDs). ORR considers BIDs
when making decisions regarding the care, placement, and release of
unaccompanied children, but it is not bound to follow BID recommendations.
As required by the TVPRA, ORR provides Child Advocates with access to
information necessary to effectively advocate for the best interests of children
with whom they are working. After providing proof of appointment, Child
Advocates have access both to their clients and to their clients’ records. Child
Advocates may access their clients’ entire original case files at care provider
facilities, or request copies from care providers. Child advocates must keep the
information in the case file, and information about the child’s case,
confidential from non-ORR grantees, contractors, and Federal staff. Further,
they may participate in case staffings.
Child Advocates and ORR maintain regular communication, informing each other of
considerations or updates that impact service provision and release planning.
Child Advocates’ duties include:
* Client Visits: The Child Advocate meets with the unaccompanied child
regularly and speaks with the child’s care provider staff in order to
understand the child’s background and current situation.
* Decision Making: The Child Advocate helps the unaccompanied child understand
legal and care-related issues, explains the consequences of decisions made in
response to those issues, and assists the child in making decisions when the
child requests such help.
* Best Interests Advocacy: The Child Advocate develops a service plan
containing best-interest recommendations with respect to the care, placement,
and release options; and keeps the care provider, ORR, and the legal service
provider or attorney of record apprised of the plan and advocacy efforts.
* Case updates: The Child Advocate collaborates and regularly communicates with
the care provider, ORR, and other stakeholders in the planning and
performance of advocacy efforts. For children who have been released from ORR
care, Child Advocates provide timely updates as appropriate or as requested
by ORR.
In most cases, ORR appoints Child Advocates while children are in its custody.
However, in its discretion, ORR may appoint Child Advocates for unaccompanied
children after their release from ORR care.
Revised 08/07/2023
2.4 SPONSOR ASSESSMENT CRITERIA AND HOME STUDIES
As noted in the Section 2.2 Application for Safe and Timely Release of an
Unaccompanied Child from ORR Care, the application process for release of an
unaccompanied child involves a number of steps, including background checks (see
Section 2.5 ORR Policies on Requesting Background Checks) and submission of the
application by the sponsor. This section describes the criteria ORR uses to
assess each potential sponsor’s ability to provide for the physical and mental
well-being of the unaccompanied child, and the role of home studies in the
process.
The sponsor assessment reviews a sponsor’s strengths, resources, risk factors
and special concerns within the context of the unaccompanied child’s needs,
strengths, risk factors, and relationship to the sponsor. ORR also determines
whether to conduct a home study, as required by the law or as necessary to
ensure the welfare of the child
Revised 03/15/16
2.4.1 ASSESSMENT CRITERIA
ORR considers the following factors when evaluating family members and other
potential sponsors:
* The nature and extent of the sponsor’s previous and current relationship with
the child or youth and the unaccompanied child’s family, if a relationship
exists.
* The sponsor’s motivation for wanting to sponsor the child or youth.
* The unaccompanied child’s parent or legal guardian’s perspective on the
release to the identified potential sponsor (for cases in which the parent or
legal guardian has designated a sponsor).
* The child or youth’s views on the release and whether he or she wants to be
released to the individual.
* The sponsor’s understanding of the unaccompanied child’s needs, as identified
by ORR and the care provider.
* The sponsor’s plan to provide adequate care, supervision, access to community
resources, and housing.
* The sponsor’s ability to provide the child with a stable home environment and
a sense of permanency, to include whether the sponsor has an outstanding
order of removal.
* The sponsor’s understanding of the importance of ensuring the unaccompanied
child’s presence at all future hearings or proceedings, including immigration
court proceedings, and the sponsor’s attendance at a Legal Orientation
Program for Custodians (LOPC) presentation. See Section 2.2.5 Legal
Orientation Program for Custodians.
* The linguistic and cultural background of the child or youth and the sponsor,
including cultural, social, and communal norms and practices for the care of
children.
* The sponsor’s strengths, resources, and mitigating factors in relation to any
risks or special concerns of the child or sponsor, such as a criminal
background, history of substance abuse, mental health issues, or domestic
violence and child welfare concerns.
* The unaccompanied child’s current functioning and strengths in relation to
any risk factors or special concerns, such as children or youth who are
victims of human trafficking; are a parent or are pregnant; have special
needs, disabilities or medical or mental health issues; have a history of
criminal, juvenile justice, or gang involvement; or a history of behavioral
issues.
Revised 01/30/23
2.4.2 HOME STUDY REQUIREMENT
The care provider screens each case to determine whether to recommend a home
study of the potential sponsor as required under the Trafficking Victims
Protection Reauthorization Act of 2008 (TVPRA) (PDF) (as codified at 8 USC §
1232(c)(3)(B)) or ORR’s policy. Information about the child is collected during
initial placement into an ORR facility and throughout their stay. The care
provider then uses the information collected about and from the child and
sponsor to determine whether to conduct a home study.
TVPRA Mandatory Home Studies
The TVPRA requires home studies in the following circumstances:
1. The child is a victim of a severe form of trafficking in persons;
2. The child is a special needs child with a disability as defined by the
Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12102);
3. The child has been a victim of physical or sexual abuse under circumstances
that indicate that the child’s health or welfare has been significantly
harmed or threatened; or
4. The child’s sponsor clearly presents a risk of abuse, maltreatment,
exploitation, or trafficking, to the child based on all available objective
evidence.
ORR Mandated Home Studies
ORR requires a home study before releasing any child to a sponsor in the
following circumstances:
1. The potential sponsor is seeking to concurrently sponsor two or more
children (regardless of whether the potential sponsor has previously
sponsored or sought to sponsor a child) and at least one of the children is
unrelated to the potential sponsor;
2. The potential sponsor has previously been the sponsor of two or more
children and is now seeking to sponsor one or more additional children
(regardless of whether the previous or current children are related to the
potential sponsor); or
3. The potential sponsor is seeking to sponsor an unrelated child who is 12
years or under.
DISCRETIONARY HOME STUDIES
In circumstances in which a home study is not required by the TVPRA or ORR
policy, the case manager, and case coordinator may recommend that a home study
be conducted if they agree that the home study may provide additional
information to determine that the sponsor is able to care for the health, safety
and well-being of the child. See Footnote 6.
The care provider must inform the potential sponsor whenever a home study is
conducted, explain the scope and purpose of the study and answer the potential
sponsor’s questions about the process. In addition, the care provider must
provide the home study report to the potential sponsor if the release request is
denied. See also UC Policy Guide Section 2.7.7, Notification of Denial.
Home Study Report and Final Recommendation
The purpose of a home study is to:
1. Assess the potential sponsor’s ability to meet the child’s needs,
2. Educate and prepare the potential sponsor for the child’s release; and
3. Corroborate information gathered on the sponsor assessment.
A home study consists of interviews, a home visit, and a written report
containing the home study case worker’s findings.
The final recommendation must present a comprehensive and detailed assessment of
the sponsor’s ability to care for the needs of the child and identify any
information that emerges regarding the sponsor, the sponsor’s household or the
child. This may include information that raises child welfare concerns. The
home study report may identify areas where additional services, resources, or
information are needed to support a successful sponsorship. The home study
provider makes a recommendation to ORR about release to the sponsor. The ORR/FFS
takes the home study provider’s recommendation into consideration when making a
release decision. ORR has final authority on release decisions. ORR/FFS acts as
agents of HHS/ORR to approve all unaccompanied children release requests.
The home study provider must accept the home study referral from ORR and staff
the case with a case manager within three (3) calendar days of ORR’s referral.
The home study provider must contact the care provider within 24 hours of home
study referral acceptance and contact the sponsor to schedule the home visit
within 48 hours of referral acceptance.
The home study provider conducts the home visit in person. In exceptional
circumstances, where conducting the visit virtually would be in the best
interest of the child, the home study provider may request ORR’s case-by-case
approval to conduct a virtual visit. The home study provider submits the
written report within 10 calendar days of receipt of the referral. Any requests
by the home study provider to extend beyond 10 calendar days or to cancel a home
study must be submitted in writing to the ORR/FFS for consideration.
All releases following home studies require post-release services.
If the case manager learns new information that raises child welfare concerns
after the home study provider has submitted their final report, the ORR/FFS has
the authority to request a home study addendum from the original home study
provider to gather more information for an informed release decision. The FFS
may request an addendum any time after the final home study report has been
submitted, but in some circumstances, it may be necessary to request a new home
study if the sponsor’s circumstances have significantly changed or if the home
study was completed over a year prior to the current date. Home studies are only
valid for one year.
Must a child receive a Trafficking Eligibility or Interim Assistance Letter from
HHS prior to being referred for a TVPRA-mandated home study under #1 above?
No, a child does not need to receive a Trafficking Eligibility Letter from HHS
prior to being referred for a home study. A care provider may refer a child for
a home study under #1 above if, during the assessment for trafficking, the care
provider determines the child is a victim of a severe form of trafficking in
persons.
In determining whether a TVPRA-mandated home study is required under #3 above,
care providers consider the following questions:
What is physical abuse?
Physical abuse is an act that results in physical injury, such as red marks,
cuts, welts, bruises, broken bones, missing or broken teeth or muscle strains.
Acts of physical abuse include but are not limited to punching, beating,
kicking, biting, hitting (with a hand, stick, strap, or other object), burning,
strangling, whipping, or the unnecessary use of physical restraint.
Is physical abuse intentional?
Generally, physical abuse is intentional; however, physical abuse can occur when
physical punishment goes too far. In other words, an accidental injury of a
child may be considered physical abuse if the act that injured the child was
done intentionally as a form of punishment.
Must a child have physical injuries to meet the standard for physical abuse
under #3?
No, in some cases, a child may not have physical injuries at the time the care
provider makes an assessment. Children may be in various stages of the healing
process or thoroughly healed from the physical abuse by the time they arrive in
ORR care.
For the purposes of #3, who can physically or sexually abuse a child?
A parent, legal guardian, caregiver or other adult with a special relationship
to the child can physically or sexually abuse a child.
Who is considered to be a caregiver or adult with a special relationship?
A caregiver is defined as any person who is entrusted with the child’s care and
who lives with the child. Other adults with a special relationship to the child
could include a teacher, priest, or health care provider.
What is sexual abuse?
Sexual abuse of a child by a parent, legal guardian, caregiver or other adult
with a special relationship to the child includes any of the following acts,
with or without the consent of the child or youth:
* Contact between the penis and the vulva or the penis and the anus, including
penetration, however slight;
* Contact between the mouth and the penis, vulva, or anus;
* Contact between the mouth and any body part where the adult has the intent to
abuse, arouse, or gratify sexual desire;
* Penetration of the anal or genital opening, however slight, by a hand,
finger, object, or other instrument where the adult has the intent to abuse,
arouse, or gratify sexual desire;
* Any other intentional contact, either directly or through the clothing, of or
with the genitalia, anus, groin, breast, inner thigh, or the buttocks where
the intent is to abuse, arouse, or gratify sexual desire;
* Any attempt, threat, or request by the adult to engage in the activities
described above;
* Any display by the adult of his or her uncovered genitalia, buttocks, or
breast in the presence of the child; and
* Voyeurism.
State laws on statutory rape are not the standard in assessing whether a youth
has been sexually abused for the purposes of #3. Care providers use the
definition from the ORR rule concerning sexual abuse and harassment; however,
for the purposes of determining when a home study is required, the perpetrator
is limited to a parent, legal guardian, caregiver or other adult with a special
relationship to the child.
Under what circumstances is a child’s health or welfare considered to have been
significantly harmed or threatened?
Care providers assess the totality of the circumstances in determining whether a
child’s health or welfare has been significantly harmed or threatened. In
evaluating a specific case, care providers take into consideration not only the
definitions of physical and sexual abuse listed above, but also the
circumstances surrounding the incident and any behaviors that the child or youth
exhibits as a result of the abuse. Circumstances to consider include but are not
limited to: the amount of time that has passed since the abuse, the period of
time in which the abuse occurred, the cultural context in which the abuse
occurred, the age of the child or youth at the time of the abuse, and the
relationship between the youth and the perpetrator.
Care providers take into consideration the situations and behaviors listed
below, but do not make a determination based solely on the presence or absence
of one of them.
* The child experiences on-going medical issues from physical injuries.
* The child exhibits negative or harmful behaviors, thoughts or emotions, such
as, but not limited to, excessive hostility or aggression towards others,
fire setting, cutting, depression, eating disorders suicidal ideation or
substance abuse.
In evaluating difficult cases, the care provider should consult with their
ORR/FFS.
Effective 02/13/24
2.4.3 ADDITIONAL QUESTIONS AND ANSWERS ON THIS TOPIC
Q: What happens if a new sponsor is identified during the sponsor assessment
process?
A: If there are multiple potential sponsors, the ORR-funded care provider will
exhaust all efforts to facilitate a release to a parent or legal guardian while
also contacting and evaluating other potential sponsors concurrently. ORR has
release order preferences and will evaluate sponsors concurrently in accordance
with the preference orders to determine the best placement for the child.
Q: Must a child receive a Trafficking Eligibility or Interim Assistance Letter
from HHS prior to being referred for a TVPRA-mandated home study under #1 above?
A: No, a child does not need to receive a Trafficking Eligibility Letter from
HHS prior to being referred for a home study. A care provider may refer a child
for a home study under #1 above if, during the assessment for trafficking, the
care provider determines the child is a victim of a severe form of trafficking
in persons.
In determining whether a TVPRA-mandated home study is required under #3 above,
care providers consider the following questions:
Q: What is physical abuse?
A: Physical abuse is an act that results in physical injury, such as red marks,
cuts, welts, bruises, broken bones, missing or broken teeth or muscle strains.
Acts of physical abuse include but are not limited to punching, beating,
kicking, biting, hitting (with a hand, stick, strap or other object), burning,
strangling, whipping, or the unnecessary use of physical restraint.
Q: Is physical abuse intentional?
A: Generally, physical abuse is intentional; however, physical abuse can occur
when physical punishment goes too far. In other words, an accidental injury of a
child may be considered physical abuse if the act that injured the child was
done intentionally as a form of punishment.
Q: Must a child have physical injuries to meet the standard for physical abuse
under #3?
A: No, in some cases, a child may not have physical injuries at the time the
care provider makes an assessment. Children may be in various stages of the
healing process or thoroughly healed from the physical abuse by the time they
arrive in ORR care.
Q: For the purposes of #3, who can physically or sexually abuse a child?
A: A parent, legal guardian, caregiver or other adult with a special
relationship to the child can physically or sexually abuse a child.
Q: Who is considered to be a caregiver or adult with a special relationship?
A: A caregiver is defined as any person who is entrusted with the child’s care
and who lives with the child. Other adults with a special relationship to the
child could include a teacher, priest, or health care provider.
Q: What is sexual abuse?
A: Sexual abuse of a child by a parent, legal guardian, caregiver or other adult
with a special relationship to the child includes any of the following acts,
with or without the consent of the child or youth:
* Contact between the penis and the vulva or the penis and the anus, including
penetration, however slight;
* Contact between the mouth and the penis, vulva, or anus;
* Contact between the mouth and any body part where the adult has the intent to
abuse, arouse, or gratify sexual desire;
* Penetration of the anal or genital opening, however slight, by a hand,
finger, object, or other instrument where the adult has the intent to abuse,
arouse, or gratify sexual desire;
* Any other intentional contact, either directly or through the clothing, of or
with the genitalia, anus, groin, breast, inner thigh, or the buttocks where
the intent is to abuse, arouse, or gratify sexual desire;
* Any attempt, threat, or request by the adult to engage in the activities
described above;
* Any display by the adult of his or her uncovered genitalia, buttocks, or
breast in the presence of the child; and
* Voyeurism.
State laws on statutory rape are not the standard in assessing whether a youth
has been sexually abused for the purposes of #3. Care providers use the
definition from the ORR rule concerning sexual abuse and harassment; however,
for the purposes of determining when a home study is required, the perpetrator
is limited to a parent, legal guardian, caregiver or other adult with a special
relationship to the child.
Q: Under what circumstances is a child’s health or welfare considered to have
been significantly harmed or threatened?
A: Care providers assess the totality of the circumstances in determining
whether a child’s health or welfare has been significantly harmed or threatened.
In evaluating a specific case, care providers take into consideration not only
the definitions of physical and sexual abuse listed above, but also the
circumstances surrounding the incident and any behaviors that the child or youth
exhibits as a result of the abuse. Circumstances to consider include but are not
limited to: the amount of time that has passed since the abuse, the period of
time in which the abuse occurred, the cultural context in which the abuse
occurred, the age of the child or youth at the time of the abuse, and the
relationship between the youth and the perpetrator.
Care providers take into consideration the situations and behaviors listed
below, but do not make a determination based solely on the presence or absence
of one of them.
* The child experiences on-going medical issues from physical injuries.
* The child exhibits negative or harmful behaviors, thoughts or emotions, such
as, but not limited to, excessive hostility or aggression towards others,
fire setting, cutting, depression, eating disorders suicidal ideation or
substance abuse.
In evaluating difficult cases, the care provider should consult with their
ORR/FFS.
Revised 03/28/23
2.5 SPONSORSHIP ASSESSMENT BACKGROUND CHECK INVESTIGATIONS
One of ORR’s priorities is ensuring the safe release of unaccompanied children
to an appropriate sponsor. Consistent with ORR’s mission and in compliance with
requirements found at 8 U.S.C. 1232(c)(3)(A) to perform an independent finding
that a potential sponsor has not engaged in any activity that would indicate a
potential risk to the child, ORR generally requires a background check of all
potential sponsors and for any of their adult household members, except where
indicated below.
As a general matter, ORR prioritizes the placement of unaccompanied children
with parents and legal guardians available to provide care and custody in the
United States. Where there are no safety concerns, ORR does not require
background checks or proof of identify for household members and adult care
givers when the sponsor is a parent or legal guardian, so long as:
* the child is not determined to be especially vulnerable through ORR’s
screening and assessment process;
* the child is not subject to a mandatory TVPRA home study; and
* there are no other safety concerns present in the case, including relating to
abuse or neglect
A Category 2A or 2B sponsor who is simultaneously sponsoring multiple children
related to them undergo the background check requirements of the child most
closely related to them. For example, a sponsor who is the parent to one child
and an uncle to another child, undergo the unification requirements as a
Category 1 sponsor for both children.
All potential sponsors undergo a public records background check of criminal
history and sex offender registry databases. Adult household members of
potential sponsors in Categories 2A, 2B, 3, and in some cases Category 1, must
also undergo public records background check of criminal history and sex
offender registry databases. Sponsors in Categories 2B and 3, as well as some
Category 1 and 2A sponsors, adult household members, and adult caregivers
identified in a sponsor care plan require fingerprint background checks that are
processed through the U.S. Department of Justice’s (DOJ) Federal Bureau of
Investigation (FBI).
ORR transmits fingerprint submissions (if required) to the U.S. Department of
Justice’s (DOJ) Federal Bureau of Investigation (FBI) to perform criminal
history checks.8 The FBI submits the results to the U.S Department of Health and
Human Services/Program Support Center (HHS/PSC). HHS/PSC provides the results
and notifies ORR that the biometric and biographic checks conducted by the FBI
are complete. HHS/PSC also provides copies of the results to ORR.
In some cases, ORR requires sponsors, adult household members, and adult
caregivers to undergo a background check search of state child abuse and neglect
(CA/N) registries maintained by individual states. In these cases, HHS/PSC works
with the relevant state agency or directs the subject of the check to request
results from the relevant state agency in compliance with state law and
regulation.
Effective 02/13/24
2.5.1 BACKGROUND CHECK REQUIREMENTS
To begin the background check process, the potential sponsor and adult
household members must first complete the Authorization for Release of
Information form (if applicable)9, and submit fingerprints and provide a copy of
a valid government issued photo identification (if required). Adult caregivers
identified in a sponsor care plan also require background checks, as outlined in
the chart below. The type of background checks performed on a sponsor, adult
household members, and adult caregivers is dependent in part on the sponsor’s
relationship, if any, with the child. See Section 2.2.1 Identification of
Qualified Sponsors for a description of sponsor categories.
The following table lists the types of background checks performed, and explains
when they are performed, based on the potential sponsor’s relationship to the
unaccompanied child and other release considerations. The table only indicates
the minimum requirements for the background check process for sponsors and
others. ORR may require additional checks, verifications, or procedures for
sponsors and others in any category if there are any unresolved issues or
questions related to the well-being of the child.
TYPE OF BACKGROUND CHECK PURPOSEPERSONS CHECKEDWHEN PERFORMEDPublic Records
CheckIdentifies arrests or convictions of sponsors, adult household members, or
others. If a check reveals a criminal record or safety issue, it is used to
evaluate the sponsor’s ability to provide for a child’s physical and mental
well-being.
Potential Sponsors in Categories 1-3.
Non-sponsor adult household members and adult caregivers identified in a sponsor
care plan.
For all sponsors, regardless of category.
In all cases for household members and adult caregivers identified in a sponsor
care plan for category 2A, 2B, and 3.
For category 1 household members, only where there is a documented risk to the
safety of the unaccompanied child, the child is especially vulnerable, and/or
the case is being referred for a home study.
Sex Offender Registry Check, conducted through the U.S. Department of Justice
National Sex Offender Public WebsiteIdentifies sponsors and others that have
been adjudicated as sex offenders through a national search and, if available, a
local public registry search.
Potential Sponsors in Categories 1-3.
Non-sponsor adult household members and adult caregivers identified in a sponsor
care plan.
In all casesFBI National Criminal History Check, based on digital fingerprints
or digitized paper printsDetermines whether a sponsor or adult household member
(as applicable) has a criminal history, has a profile in DHS IDENT, has been
convicted of a sex crime, or has been convicted of other crimes that compromise
the sponsor’s ability to care for a child.
Potential Sponsors in Category 1 and Category 2A.
Where a public records or sex offender check reveals possible disqualifying
factors under 2.7.4; or where there is a documented risk to the safety of the
unaccompanied child, the child is especially vulnerable, and/or the case is
being referred for a home study.
Potential Sponsors in Categories 2B and 3.In all cases.Non-sponsor adult
household members and adult caregivers identified in a sponsor care plan.Where a
public records or sex offender check reveals possible disqualifying factors
under 2.7.4; or where there is a documented risk to the safety of the
unaccompanied child, the child is especially vulnerable, and/or the case is
being referred for a home studyChild Abuse and Neglect (CA/N) Check, obtained on
a state by state basis as no national CA/N check repository existsChecks all
localities in which the sponsor or household member has resided in the past 5
years.Potential Sponsors in Categories 1-3In cases that require a home study,
and cases where a special concern is identified.
Non-sponsor adult household members and adult caregivers identified in a
sponsor care plan.In any case where a sponsor is required to undergo a CA/N
check.State Criminal History Repository Check and/or Local Police CheckAssists
in locating police or arrest records, or other criminal offense details, as
needed.
Potential Sponsors in Categories 1-3.
Non-sponsor adult household members and adult caregivers identified in a sponsor
care plan.
Used on a case-by-case basis when there is an unresolved criminal arrest or
issue that is still in process.
Fingerprint Exception for Category 2B Cases with Qualifying Category 1 or 2A
Sponsors
Fingerprints for a Category 2B sponsor of a case related to a Category 1 or
Category 2A case may not be required, provided that all of the following
conditions apply:
1. The children are screened and determined to not be especially vulnerable;
2. The children are not otherwise subject to a mandatory TVPRA home study; and
3. There are no other red flags present in the case, including red flags
relating to abuse or neglect.
If one of the cases falls under one of these categories and the other(s) does
not, the case manager and case coordinator will make a recommendation to the FFS
whether to separate the cases for purposes of processing. Case managers will
document the exception in all children in the family units’ Release Request
documents.
Effective 02/13/24
2.5.2 RESULTS OF BACKGROUND CHECKS ON RELEASE DECISIONS
ORR uses the results from background checks to determine whether release to a
potential sponsor is safe. A potential sponsor may be denied based on the
results of a background check, and a release decision may remain undecided until
ORR obtains the results of a potential sponsor’s criminal history or child abuse
and neglect reports.
The biometric and biographical information, including fingerprints, are shared
with FBI to investigate criminal history through the National Criminal
Information Center and may be used consistent with their authorities. Biometric
and biographical information may be shared with federal, state or local law
enforcement or state child welfare agencies, as necessary, to conduct criminal
history searches or search for adverse child welfare findings.
Criminal History and Adverse Child Welfare Finding Results
In the event that a background check of a potential sponsor or, if applicable,
adult household member, reveals criminal history or a safety risk, the care
provider and ORR evaluate this information and request the potential sponsor to
provide any additional information that may demonstrate the potential sponsor’s
ability to provide for the child’s physical and mental well-being.
If release is not barred by Section 2.7.4, the decision to release a child or
youth to a sponsor in these circumstances is based on all the following
considerations:
* The severity of the criminal and/or child abuse/neglect history;
* The length of time that has passed since the criminal act or child
abuse/neglect allegation occurred;
* The relationship of the potential sponsor and other adult household members
to the child or youth; and
* The evidence, if any, of rehabilitation since the criminal act or child
abuse/neglect allegation occurred.
In cases where the proposed sponsor or an adult household member has been
charged with, but not convicted of, a crime, ORR may postpone a final release
decision until the legal issue is resolved.
In cases where ORR has released a child and later obtains derogatory information
on a sponsor or sponsor household member, ORR determines whether the information
if known prior to release would have led to a denial of sponsorship or presents
some other high risk child welfare concern. In these instances ORR contacts
state CPS and/or local law enforcement (as necessary) with jurisdiction over the
sponsor’s home and provides them with ORR’s findings. ORR may contact the
sponsor in certain situations to inform them of child welfare concerns post
release in these instances, especially where it concerns an individual in the
sponsor’s home.
Summary Table of Results of Background Checks and Next Steps
The following table shows procedures following the results of background checks.
BACKGROUND CHECK RESULTSNEXT STEPSNo arrest record; check completedProceed with
release decision-making process. See Section 2.7 Recommendations and Decisions
on Release.Criminal arrest record and/or substantiated adverse child welfare
findings; check completedDetermine whether release is barred. See Section 2.7.4
Deny Release Request. If release is not barred, elevate safety issues for third
party review. For any findings that could affect safe release, care provider
and/or ORR will obtain additional documents to determine current situation
(e.g., sponsor is on probation, criminal charges are resolved, etc.). Final
release decision shall take into account the criminal records and all other
relevant information that is available.Criminal history pending results; check
not completeORR/FFS will provide instructions to care providerCA/N pending
resultsORR may choose to release a child pending CA/N results if there are no
significant child welfare concerns associated with the sponsor or an adult in
the sponsor’s home, with the UC or other children.
Revised 06/18/19
2.5.3 COMMONLY ASKED QUESTIONS ON THE ORR BACKGROUND CHECK PROCESS
Q1: Where can a sponsor get his or her fingerprints taken?
A1: ORR funds a network of digital fingerprint providers at locations that are
not affiliated with law enforcement entities. Sponsors may also go to any local
police department for paper fingerprinting services in the event a digital
fingerprint provider is not conveniently located near a sponsor’s location.
Fingerprinting services are not available at ORR headquarters or at HHS/PSC
offices.
Q2: Are potential sponsors required to disclose to the care provider that they
have a record of a criminal charge or child abuse?
A2: Yes. The sponsor must immediately advise the care provider of this situation
and gather detailed documentation of the charges, dispositions, police reports,
and evidence of rehabilitation.
Q3: What happens if a public records or sex offender registry check returns
disqualifying findings for a sponsor, adult household member, or adult caregiver
identified in the sponsor care plan?
A3: The Case Manager informs the sponsor, and provides the sponsor with a copy
of the results. The sponsor and household member/adult caregiver may dispute the
results, and provide further evidence or information that a check was not
performed correctly (e.g., the wrong date of birth was used, the individual’s
name was spelled incorrectly, etc.). The Case Manager reruns the check using the
corrected information. If further information is required, such as additional
background checks, the Case Manager contacts the sponsor and household
member/adult caregiver to obtain the information, or make other arrangements so
that the safety risk to the unaccompanied child is mitigated (e.g., taking steps
so that the household member no longer resides in the sponsor’s home,
identifying a new adult caregiver, etc.).
Q4: What happens if an adult household member refuses to cooperate with a
background check?
A4: ORR may deny release when an adult household member refuses to cooperate
with a background check. In such cases, ORR considers the totality of the
circumstances, including the adult household member’s refusal and all other
relevant and available information to determine whether the release process may
continue. ORR determines the best interests of a child and does not release any
child to a sponsor until ORR has determined that it is safe to do so.
Q5: Do background checks expire?
A5: Yes. The FBI National Criminal History Check, Child Abuse and Neglect (CA/N)
Check, and State Criminal History Repository Check and/or Local Police Check all
expire 270 days from the day results are received. The Public Records Check and
Sex Offender Registry Check expire 90 days from the day ORR receives results.
ORR requires new background checks if the previous results have expired prior to
ORR approving the child’s release; this includes obtaining a new set of
fingerprints (re-fingerprinting) when applicable.
Q6: Does ORR share the results of the FBI fingerprint checks with other parties?
A6: ORR does not release the results of the FBI fingerprints to outside
organizations or individuals, or to ORR care providers. The FBI searches DHS
databases that may contain overlapping records. The FBI system automatically
initiates a notification to the DHS system if a particular record has been
searched.
Q7: Can DHS use information gathered from the ORR background check process to
enforce immigration policies against potential sponsors or others?
A7: Until September 30, 2021, DHS is restricted from using a background check
subject’s information for immigration enforcement actions such as placing a
subject in detention, removal, referring the individual for a decision on
removal, or starting removal proceedings. Generally stated, they include:
certain felonies; an association with a business that employs minors and does
not pay a legal wage or prevents the minor from going to school; or an
association with prostitution. The felonies include: (A) an aggravated felony
as defined in 8 U.S.C. 1101(a)(43)); (B) child abuse; (C) sexual violence or
abuse; or (D) child pornography. An aggravated felony, is defined at 8 U.S.C. §
1101(a)(43), and includes a listing of 21 different kinds of crimes.
If the subject of a background check is concerned about having been charged or
convicted of a crime, Case Managers make a request that the subject talk to an
attorney about whether their criminal history would fit the definition.
Revised 06/4/21
2.6 SPONSOR IMMIGRATION STATUS AND RELEASE OF UNACCOMPANIED CHILDREN
ORR does not disqualify potential sponsors based solely on their immigration
status or for law enforcement purposes.
ORR does not collect information on immigration status directly from the
sponsor. However, the Federal Bureau of Investigation (FBI) searches Department
of Homeland Security (DHS) databases as part of the FBI national criminal
background check (see Section 2.5 Sponsorship Assessment Background Check
Investigations) and ORR may obtain immigration status information through
background check results. ORR does not share FBI background check results, or
any immigration status information contained therein, with outside individuals
or with ORR care providers (see Section 2.5.3 Commonly Asked Questions on the
ORR Background Check Process). In addition, ORR does not use or share any
information for immigration enforcement purposes (see Section 5.10 Information
Sharing).
If ORR learns through background check results that the sponsor has an
outstanding or pending order of removal that is related to an underlying
criminal act, the decision to release a child to a sponsor in these
circumstances is based on the considerations described in Section 2.5.2 Results
of Background Checks on Release Decisions.
Revised 01/30/23
2.7 RECOMMENDATIONS AND DECISIONS ON RELEASE
ORR care providers must make a recommendation to release a child to a potential
sponsor after the care provider has completed the full assessment of the
sponsor, including completed background checks, and collected necessary
documentation to prove the sponsor’s identity and relationship to the child. The
recommendation must take into consideration all relevant information, including
the report from a home study, if conducted; the child advocate’s recommendation,
if appointed; DHUC’s recommendation, if the child has a complex medical or
mental health related issue which implicates whether a child may be released
safely to a sponsor with available community supports; laws governing the
process; and other factors in the case. The ORR care provider makes a
recommendation for release if the care provider concludes that the release is
safe, and the sponsor is capable of providing for the physical and mental
well-being of the child.
* The Case Manager and the Case Coordinator must make a recommendation to
the ORR/FFS on the release of the unaccompanied child to a particular
sponsor. If the case manager and case coordinator cannot agree on a
particular recommendation, or if the case is particularly complicated, they
may refer the case directly to an ORR/FFS for guidance on how to proceed.
* After receiving the recommendation, the ORR/FFS and/or other ORR/Headquarters
staff reviews the recommendation.
* Acting as an agent of HHS/ORR, the FFS makes a release decision in
consideration of the recommendations from the care provider, the case
coordinator, DHUC, and other stakeholders, including the home study provider
and the child advocate, where applicable.
Only ORR (or ACF) has the authority to make the final decision on a release. FFS
act as agents of HHS/ORR to approve unaccompanied children release requests. The
case manager, case coordinator, and other stakeholders have an important role in
making recommendations. In some cases, the FFS may remand a case back to the
case coordinator and case manager to obtain additional information before they
make a final release decision.
The ORR/FFS must make one of the following release decisions:
* Approve release to sponsor
* Approve release with post-release services
* Conduct a home study before a final release decision
* Deny release
* Remand for further information
Effective 02/13/24
2.7.1 Approve Release Decisions
A recommendation for a release without a home study or post-release services is
made after a thorough assessment of the sponsor, the sponsor’s family unit, and
the needs of the child or youth are taken into consideration. The ORR/FFS,
acting as an agent of HHS/ORR, makes this release decision when they determine
that the release is a safe release, the sponsor can care for the health and
well-being of the child, and the sponsor understands that the child is to appear
for all immigration proceedings.
Posted 03/28/23
2.7.2 APPROVE RELEASE WITH POST-RELEASE SERVICES
The ORR/FFS, acting as an agent of HHS/ORR, may approve a release with
post-release services when the release is determined to be safe and appropriate,
but the unaccompanied child and sponsor need additional assistance to connect
them to appropriate resources in the community or to address other concerns,
such as mental health or other needs that could benefit from ongoing assistance
from a social welfare agency. The sponsor must consent before services may be
provided and may withdraw his or her consent at any time after services have
begun, since post-release services are a voluntary service. See Section 6.2 Post
Release Services.
Revised 03/28/23
2.7.3 CONDUCT A HOME STUDY BEFORE A FINAL RELEASE DECISION CAN BE MADE
The Case Manager and Case Coordinator will recommend to the ORR/FFS that a home
study be conducted prior to making a release recommendation. If the ORR/FFS
agrees then, acting as an agent of HHS/ORR, they will approve that a home study
be conducted before a final release decision can be made. The home study
provider uses a standardized template to complete the review; however, the
provider may include any additional supporting documentation regarding the
sponsor or the child or youth, as applicable.
Once the Case Manager and Case Coordinator receive the home study results, they
will review the case in light of the home study and make a release
recommendation to the ORR/FFS. (See Section 2.4.2 Home Study Requirements.)
Posted 03/28/23
2.7.4 DENY RELEASE REQUEST
ORR will deny release to a potential sponsor if any one of the following
conditions exists:
* The potential sponsor is not willing or able to provide for the child’s
physical or mental well-being;
* The physical environment of the home presents risks to the child’s safety and
well-being;
* Release of the unaccompanied child would present a risk to him or herself,
the sponsor, household, or the community; or,
ORR may deny release to a Category 1 potential sponsor, and will deny release to
a Category 2A/2B or Category 3 potential sponsor, if any one of the following
conditions exists:10
The potential sponsor or a member of the potential sponsor’s household:
* Has been convicted of (including plea of no contest to) a felony involving
child abuse or neglect, spousal abuse; a crime against a child or children
(including child pornography); or a crime involving violence, including rape,
sexual assault or homicide;
* Has been convicted within the last five years of a felony involving physical
assault, battery, or drug-related offenses;
* Has been convicted of a misdemeanor for a sex crime, an offense involving a
child victim, or a drug offense that compromises the sponsor’s ability to
ensure the safety and well-being of the child;
* Has been convicted of alien smuggling or a crime related to trafficking in
persons; or
* Has other criminal history or pending criminal charges or child welfare
adverse findings from which one could reasonably infer that the sponsor’s
ability to ensure the safety and well-being of the child is compromised;
or
* A potential sponsor or a member of the potential sponsor’s household has one
of the following substantiated adverse child welfare findings:11
* Severe or chronic abuse or neglect;
* Sexual Abuse or other sexual offenses;
* Abuse or neglect of other children in the household;
* Long-term mental illness or deficiency;
* Long-term alcohol or drug induced incapacity; or
* Involuntary termination of the parental rights to another child.
Revised 06/18/19
2.7.5 REMAND RELEASE REQUEST — DECISION PENDING
The ORR/FFS may remand the release request, which means that the ORR/FFS is
sending the recommendation back to the Case Manager for additional information
or additional actions before a final release decision can be made. ORR records
the date of the remand and the decision will be pending further review until the
documentation is provided or actions are taken.
Posted 01/27/15
2.7.6 ISSUES RELATED TO RECOMMENDATIONS AND DECISIONS
Safety Plan
Case managers, in consultation with Case Coordinators, prepare a safety plan, as
needed, to address any outstanding needs the child may have after they are
released and to ensure the child’s safe and successful integration into the
sponsor family unit and community. The goal of the safety plan is to ensure the
child’s safety. The safety plan also has guidance for sponsors on participating
in post-release services and on other areas of care critical to the child’s
adjustment in the family and the community, such as maintaining mental health
services for the unaccompanied child, accessing any needed special education,
helping the child avoid drugs and alcohol, and using appropriate parenting
techniques.
Sponsor Care Plan
A sponsor care plan identifies an adult caregiver who will assume care of an
unaccompanied child if the sponsor becomes unable to care for the child. ORR
requires a sponsor care plan for all potential sponsors. The goal is to ensure
an unaccompanied child has a caregiver, despite any complications that may arise
after release to their sponsor.
The plan:
* Identifies an adult caregiver, and their relationship to the UC and sponsor,
if any;
* Includes copies of the adult caregiver’s vetting information (background
check results, identifying documentation, etc.);
* Includes the adult caregiver’s contact information;
* Discusses how the adult caregiver is notified that a transfer of care is
required, if required;
* Provides that the adult caregiver will abide by the terms of the Sponsor Care
Agreement;
* Includes the date the UC’s Case Manager discusses the plan with the child’s
sponsor and the adult caregiver identified in the plan; and,
* Includes additional information and materials (e.g., a Safety Plan), as
appropriate or when required by ORR.
A copy of the sponsor care plan is maintained in the UC’s case file, provided to
the sponsor, and to the adult caregiver identified in the plan.
Revised 01/30/23
2.7.7 NOTIFICATION OF DENIAL
If ORR denies the reunification application of a potential Category 1, 2A, or 2B
sponsor, the ORR Director or their neutral and detached designee sends that
potential sponsor a Notification of Denial Letter after receiving all the
required information and documentation in a specific case. If the sole reason
for denial of release is related to a concern that the unaccompanied child is a
danger to themself or the community, the ORR Director sends to the child and
their attorney of record a copy of the Notification of Denial Letter that was
sent to the potential Category 1, 2A, or 2B sponsor.
The Notification of Denial Letter includes:
* An explanation of the reason(s) for the denial;
* Evidence and information supporting ORR’s denial decision, with instructions
for obtaining a copy of the child’s case file;
* Instructions for requesting an appeal of the denial (see Section 2.7.8 Appeal
of Release Denial);
* Notice that the potential sponsor may submit additional evidence, in writing
before a Hearing occurs, or orally during a hearing;
* Notice that the potential sponsor may present witnesses and cross-examine
ORR’s witnesses, if such witnesses are willing to voluntarily testify; and
* Notice that the potential sponsor may be represented by counsel in
proceedings related to the release denial at no cost to the federal
government.
If ORR denies sponsorship to a potential Category 3 sponsor, the care provider
notifies the potential sponsor, providing the reasons for the denial verbally.
If the sole reason for denial of release is a concern that the unaccompanied
child is a danger to themself or the community, the ORR Director sends a
Notification of Denial Letter to the child as described above.
Revised 07/21/23
2.7.8 APPEAL OF RELEASE DENIAL
Category 1, 2A, or 2B sponsor applicants may seek an appeal of ORR’s denial
decision by submitting a written request to the Assistant Secretary,
Administration for Children and Families, or their neutral and detached designee
within 30 business days of receipt of the final decision from ORR. The appeal
request must follow the instructions that accompanied the Notification of Denial
Letter that was sent to the potential sponsor by the ORR Director or the ORR
Director’s designee. The Notification of Denial Letter includes information as
set forth in Section 2.7.7 Notification of Denial.
The requestor may seek an appeal with a hearing or without a hearing. The
Assistant Secretary or their neutral and detached designee will acknowledge the
request for appeal within five (5) business days of receipt. The appeal process
shall be completed within 30 calendar days of receipt of the appeal request
unless an extension of time is warranted to accommodate the schedule of either
the potential sponsor or the Assistant Secretary or their neutral and detached
designee.
Without a Hearing:
If the requester seeks an appeal without a hearing, the Assistant Secretary or
their neutral and detached designee will consider only:
* The Notification of Denial Letter and any information referenced therein;
* The appeal request; and
* Any additional supporting materials or information submitted by the
requester.
The Assistant Secretary or their neutral and detached designee will notify the
requester of a decision within 30 calendar days of receiving the request unless
an extension was warranted to accommodate the schedule of either the potential
sponsor or the Assistant Secretary or their neutral and detached designee. If
more information is needed to make a decision, or for good cause, the Assistant
Secretary or their neutral and detached designee may stay the request until they
have the information needed. In these cases, the Assistant Secretary or their
neutral and detached designee will send a written explanation to the potential
sponsor, communicating a reasonable process and timeframe for addressing the
situation and making a determination.
With a Hearing:
If the requester seeks a hearing, the Assistant Secretary or their neutral and
detached designee will schedule a teleconference or video conference, per the
potential sponsor’s preference, at which time the potential sponsor (or the
potential sponsor’s representative) may explain the reasons why they believe the
denial was erroneous. In addition, the potential sponsor may offer evidence or
additional material in support of the request to reverse the release denial.
The Assistant Secretary or their neutral and detached designee will consider the
testimony and evidence presented at the hearing, in addition to the original
denial letter and information referenced therein, to make a determination. The
Assistant Secretary or their neutral and detached designee will notify the
requester of the decision in writing within 30 calendar days of receiving the
request for the hearing unless an extension was warranted to accommodate the
schedule of either the potential sponsor or the Assistant Secretary or their
neutral and detached designee.
The Assistant Secretary or their neutral and detached designee makes a
determination based on the relevant law, regulations, and policies concerning
release decisions (see Section 2.7.4 Deny Release Request for the basis of a
release denial). Any evidence submitted to the Assistant Secretary or their
neutral and detached designee by ORR is shared with the requester in compliance
with privacy protections. The Assistant Secretary or their neutral and detached
designee conducts a de novo review and may affirm or overturn the ORR Director’s
or their designee’s decision or send the case back to ORR for further action.
Appeal hearings are recorded, and the requester may request a copy of the
recording.
The Assistant Secretary’s or their neutral and detached designee’s decision to
affirm or overrule the ORR Director’s or their designee’s decision to deny
release to a potential sponsor is the final administrative decision of the
agency on the application that had been under consideration. However, if there
is new information or a change in circumstances regarding the reunification
application, or regarding the unaccompanied child’s circumstances, a new
reunification application may be submitted that highlights the change(s) and
explains why such changes should alter the initial decision. Similarly, if ORR
discovers new information or becomes aware of a change in the circumstances of
the potential sponsor and/or the unaccompanied child, ORR may assess the case
anew.
Denial for sole reason that the unaccompanied child is a danger to themself or
the community
If the sole reason for denial of release is concern that the unaccompanied child
is a danger to themself or the community, the unaccompanied child may seek an
appeal of the denial as described above, provided the Category 1, 2A, or 2B
potential sponsor is not seeking an appeal (see Section 2.7.7 for Notification
of Denial). If the child expresses a desire to seek an appeal, ORR encourages
the child to consult with their attorney of record or a legal service provider
for assistance with the appeal. The unaccompanied child may seek such appeal at
any time after denial of release while the child is in ORR custody.
Revised 10/27/22
2.7.9 90-DAY REVIEW OF PENDING FAMILY REUNIFICATION APPLICATIONS
ORR reviews the cases of all pending sponsor applications for unaccompanied
children (UC) in ORR custody for 90 days. The purpose of this review is to
identify and resolve the reasons that a family reunification application remains
pending in a timely manner. Upon completion of the review, Case Managers will
update the sponsor and UC on the status of the case, highlighting the reasons
that the family reunification process is incomplete. In addition, the Case
Manager will work with the sponsor, relevant stakeholders, and the ORR/FFS on a
plan to address the portions of the application that remain incomplete in
accordance with Section 2.2.3 The Family Reunification Application.
For cases that are not resolved after the initial 90-Day Review, ORR will
conduct additional reviews every 90 days until the pending sponsor application
is resolved in accordance with Section 2.7 Recommendations and Decisions on
Release.
Posted 10/27/22
2.8 RELEASE FROM OFFICE OF REFUGEE RESETTLEMENT (ORR) CUSTODY
Release from the ORR custody is a three-step process:
* After care planning, which occurs during the entire safe and timely release
process.
* Transfer of physical custody of the child, which occurs as soon as possible
once an unaccompanied child is approved for release.
* Closing the case file, which occurs within 24 hours of the unaccompanied
child’s discharge.
Posted 01/27/15
2.8.1 AFTER CARE PLANNING
Throughout the release process, care providers work with the child and sponsor
so that they can plan for the child’s after care needs. This involves working
with the sponsor and the child to:
* Prepare them for post-ORR custody
* Assess the sponsor’s ability to access community resources
* Provide guidance regarding safety planning, sponsor care plans, and accessing
services for the child
Once the sponsor assessment is complete and a sponsor has been approved, the
sponsor enters into an agreement with the Federal government in which he or she
agrees to comply with the following provisions (see Sponsor Care Agreement):
* Provide for the physical and mental well-being of the child, including but
not limited to, food, shelter, clothing, education, medical care and other
services as needed.
* Enroll the child in school and ensure their attendance, following the
requirements of the state in which you live, and otherwise support their
academic success. For example, the child may benefit from supplemental
classes or services, such as English as a Second Language (ESL), tutoring, or
summer school.
* For those who are not the child’s parent or legal guardian, make best efforts
to establish legal guardianship with the local court within a reasonable
time.
* Attend a legal orientation program provided under the Department of
Justice/Executive Office for Immigration Review’s (EOIR) Legal Orientation
Program for Custodians (Sponsors), if available where they reside. 12
* Depending on where the child’s immigration case is pending, notify the local
Immigration Court or the Board of Immigration Appeals within five (5) days of
any change of address or phone number of the child by using DOJ’s Change of
Address form (Form EOIR-33). In addition, if necessary, file a Change of
Venue motion on the child’s behalf.13
* Notify the Department of Homeland Security (DHS)/U.S. Citizenship and
Immigration Services within 10 days of any change of address by filing DHS’s
Change of Address Card (AR-11) or electronically at www.uscis.gov/ar-11 .
Sponsors in need of assistance may call or text the ORR National Call Center
at 1-800-203-7001 or email information@ORRNCC.com.
* Notify ORR immediately if the child permanently leaves the sponsor’s custody
and provide updated contact information for the child by calling or texting
the ORR National Call Center at 1-800-203-7001, or emailing
information@ORRNCC.com
* Notify ORR within 30 days of any change of address and provide updated
contact information by calling or texting the ORR National Call Center at
1-800-203-7001, or emailing information@ORRNCC.com. The sponsor must continue
to notify ORR of any change of address for a period of three (3) years after
the child is released into their custody or while the sponsor is receiving
post-release services, whichever come later. However, if the child if the
child turns 18, their immigration case is resolved, or they permanently leave
the sponsor’s custody before three (3) years, the sponsor does not need to
continue notifying ORR of address changes.
* Ensure the child’s presence at all future proceedings before the
DHS/Immigration and Customs Enforcement (ICE) and the DOJ/EOIR.
* Ensure the child reports to ICE for removal from the United States if an
immigration judge issues a removal order or voluntary departure order. The
child is assigned to a Deportation Officer for removal proceedings.
* Notify the U.S. Department of Labor, Wage and Hour Division if the sponsor or
the child are being forced to work against their will, to repay a debt, or in
unsafe conditions by calling 1-866-4-USWAGE (1-866-487-9243) or visiting
https://webapps.dol.gov/contactwhd .
* Notify local law enforcement or state or local Child Protective Services if
the child has been or is at risk of being subjected to abuse, abandonment,
neglect or maltreatment or if the sponsor learns that the child has been
threatened, has been sexually or physically abused or assaulted, or has
disappeared. Notice should be given as soon as it is practicable or no later
than 24 hours after the event or after becoming aware of the risk or threat.
* Notify the National Center for Missing and Exploited Children at
1-800-843-5678 and the ORR National Call Center at 1-800-203-7001 or
information@ORRNCC.com if the child disappears, has been kidnapped, or runs
away. Notice should be given as soon as it becomes practicable or no later
than 24 hours after learning of the child’s disappearance.
* Notify ICE at 1-866-347-2423 if the child is contacted in any way by an
individual(s) believed to represent a smuggling syndicate, organized crime,
or a human trafficking organization. Notice should be provided as soon as
possible or no later than 24 hours after becoming aware of the information.
* In case of an emergency (serious illness, destruction of home, etc.),
temporarily transfer physical custody of the child to another person who will
comply with the terms of the Sponsor Care Agreement.
* In the event that a sponsor who is not the child’s parent or legal guardian
is no longer able and willing to care for the child and is unable to
temporarily transfer physical custody to an alternative caregiver, and the
child meets the definition of an unaccompanied child, notify the ORR National
Call Center at 1-800-203-7001or information@ORRNCC.com.
The agreement includes the notice that the release of the child to the sponsor’s
care does not grant the child any legal immigration status and that the child
must present himself or herself for immigration court proceedings.
The care provider also provides the sponsor with a Sponsor Handbook that
outlines the responsibilities in caring for the child’s needs for education,
health, obtaining legal guardianship, finding support to address traumatic
stress, keeping children safe from child abuse and neglect and from trafficking
and exploitation. The handbook reiterates the importance of continuing with
immigration proceedings and includes links to EOIR’s website and forms. The
handbook discusses laws related to employment, such as the Federal law
prohibiting minors under the age of 18 from working in hazardous occupations.
After care planning includes the care provider explaining the following to the
child and the sponsor:
* The U.S. child abuse and neglect standards and child protective services that
are explained on the Administration for Children and Families Child Welfare
Information Gateway website.
* Human trafficking indicators and resources
* Basic safety and how to use the 9-1-1 number in emergency situations.
The care provider notifies all stakeholders of the child’s discharge date and
change of address and venue, as applicable. Where applicable, ORR also provides
child advocates with access to their clients’ documents and forms, and helps
child advocates to remain informed about their clients’ after-care plans and
legal proceedings. The care provider coordinates with the legal service provider
or attorney of record to help complete the necessary legal forms. Stakeholders
notified of the change of address and, if applicable, request for change of
venue for the immigration case include the U.S. Immigration and Customs
Enforcement (ICE) Office of Chief Counsel and the U.S. Executive Office for
Immigration Review (EOIR) Immigration Court Administrator.
Revised 03/25/24
2.8.2 TRANSFER OF PHYSICAL CUSTODY
Once ORR approves an unaccompanied child for release, the care provider
collaborates with the sponsor to ensure physical discharge happens as quickly as
possible (within 3 calendar days after ORR approves the release). The care
provider notifies DHS prior to the physical release to allow DHS an opportunity
to comment on the imminent release as well as time to prepare any DHS paperwork
for the ICE Chief Counsel’s office.
The care provider ensures that all the child’s belongings—including those he or
she had at the time they entered ORR custody and any they acquired during their
stay—are given to the child and sponsor at time of release. The care provider
also makes sure that the child and sponsor have copies of files or papers needed
for the child to obtain medical, educational, legal or other services following
release.
Whenever possible, sponsors are expected to come to the care provider or to an
offsite location designated by the care provider for the transfer of physical
custody of the child.
Escorting Children to a Sponsor
Under extenuating circumstances (e.g., a sponsor cannot travel due to a medical
condition), ORR may approve an unaccompanied child to be escorted to a sponsor.
Similarly, if a sponsor pick-up would result in delay of a timely release of the
child, ORR may approve an escort for an unaccompanied child.
If an unaccompanied child’s final destination involves air travel and the
sponsor will not be traveling with the child, the care provider must follow the
procedures in the table below concerning care provider escorts and airline
escorts.
Unaccompanied children who are under the age of 14 years old traveling via air
may only be escorted by care provider staff, unless an ORR/FFS Supervisor has
approved the use of an airline escort in advance.
Sponsors are not required to use a travel agent proposed or used by a care
provider if they are able to find lower airfare using another agent or airline,
provided escort conditions are met.
The following table summarizes procedures for each method of transfer.
METHOD OF TRANSFERPRE-TRANSFER STEPSAT POINT OF TRANSFERSponsor pick-up at care
provider facility
* Case manager collaborates with the sponsor on selecting a date and time for
the sponsor to pick-up the child
* Case manager notifies the sponsor that he/she is required to bring the same
valid government issued photo identification previously submitted by the
sponsor in the FRP (see Section 2.2.4)
* Care provider checks the sponsor’s identification upon arrival by comparing
it to the identification previously submitted by the sponsor in the FRP (see
Section 2.2.4)
* If the sponsor’s identification matches the identification previously
submitted, care provider gives the sponsor the unaccompanied child’s release
documents and personal possessions
* Care provider advises the sponsor, if traveling by airplane, to check in the
child at the ticket counter with a copy of the child’s DHS form I-862, Notice
to Appear
* Care provider may not release the child unless the sponsor presents the same
valid government issued photo identification he or she submitted in the FRP.
Care provider escort to offsite transfer location
* Case manager collaborates with the sponsor in selecting a time and location
for transfer, and flights for the child and care provider escort
* Case manager notifies the sponsor that he/she is required to bring the same
valid government issued photo identification previously submitted by the
sponsor in the FRP to the transfer location
* Case manager arranges or assists in arranging the child and care provider
escort’s transportation , including airline tickets where applicable
* Case manager prepares a copy of the sponsor’s identification that was
submitted in the FRP, for the care provider escort to take to the transfer
location
* If traveling by air, at the departure airport, care provider escort checks in
the child at the ticket counter with a copy of the child’s DHS form I-862,
Notice to Appear
* At the transfer location, care provider escort compares the sponsor’s
identification with the copy previously submitted by the sponsor in the FRP.
If the identification documents correspond, care provider escort releases the
child to the sponsor and provides the sponsor with the release documents and
the child’s personal effects and papers
* Care provider escort may not release the child unless the sponsor presents
the same valid government issued photo identification he or she submitted in
the FRP. If the sponsor does not produce valid identification, if the care
provider escort has concerns regarding the sponsor’s identity, or if the care
provider escort has concerns regarding the safety of the situation upon
meeting the sponsor, the care provider escort will return with the child to
the care provider facility
Travel via airline’s unaccompanied minor escort policy (only for youth 14 years
of age and older)
* Case manager contacts the airline to obtain information on airline escort
requirements, in order to ensure that they are adequate to protect the safety
of the child, and to ensure that both the sponsor and the care provider can
meet the requirements
* Case manager arranges or assists in arranging the child and care provider
escort’s transportation, including airline tickets where applicable
* Case manager ensures that the government issued photo identification
submitted by the sponsor in the FRP will be acceptable to the airline to
complete custody transfer
* The care provider instructs the sponsor to meet the unaccompanied child and
escort at the airport with the identification they submitted in the FRP, and
to follow the requirements of the airline’s unaccompanied minors escort
policy
* At the departure airport, care provider checks in the unaccompanied child at
the ticket counter with a copy of the DHS form I-862, Notice to Appear, and a
copy of the approved identification of the sponsor picking up the child
* At the departure airport, care provider gives the child their personal
possessions and documents and a copy of the sponsor’s approved
identification, and mails an additional copy of the release documents to the
sponsor
* At the destination airport, the sponsor arrives two hours before the child’s
arrival time, and contacts the care provider immediately to check in.
* The airline follows its standard procedures for escorting a child traveling
alone to the designated parent or guardian
* The care provider contacts the sponsor shortly after the child’s scheduled
arrival time to confirm the child’s transfer from the airline representative
to the sponsor
* If the sponsor fails to arrive at the airport or fails to contact the care
provider upon arrival at the airport, the care provider will notify the
ORR/FFS and the Project Officer, and the child will either be returned to the
care provider or taken to another nearby care provider facility.
When arranging for children to travel with airline escorts, care providers
should also refer to the U.S. Department of Transportation recommendations for
unaccompanied minors traveling by air (“When Kids Fly Alone ”).
Revised 01/10/22
2.8.3 CLOSING THE CASE FILE
The care provider completes a Discharge Notification form within 24 hours of the
physical discharge of a youth, and then emails the form to DHS and other
stakeholders. Once a child is released to a sponsor, ORR’s custodial
relationship with the child terminates.
Although the custodial relationship ends, the care provider keeps the case file
open for 30 days after the release date in order to conduct the Safety and Well
Being Follow Up Call (see Section 2.8.4) and document the results of the call in
the case file. The care provider closes the case file record after completing
the Safety and Well Being Follow Up Call.
Revised 03/14/16
SECTION 2.8.4 SAFETY AND WELL BEING FOLLOW UP CALL
Care providers must conduct a Safety and Well Being Follow Up Call with an
unaccompanied child and his or her sponsor 30 days after the release date. The
purpose of the follow up call is to determine whether the child is still
residing with the sponsor, is enrolled in or attending school, is aware of
upcoming court dates, and is safe. The care provider must document the outcome
of the follow up call in the child’s case file, including if the care provider
is unable to contact the sponsor or child after reasonable efforts have been
exhausted. If the follow up call indicates that the sponsor and/or child would
benefit from additional support or services, the care provider must refer the
sponsor or child to the ORR National Call Center and provide the sponsor or
child the Call Center contact information. If the care provider believes that
the child is unsafe, the care provider must comply with mandatory reporting
laws, State licensing requirements, and Federal laws and regulations for
reporting to local child protective agencies and/or law enforcement.
Revised 03/14/16
2.8.5 POST-RELEASE SERVICES FOR UC WITH ZIKA VIRUS DISEASE OR
INFECTION [REPEALED]
2.8.6 RELEASE FOR CHILDREN WITH LEGAL IMMIGRATION STATUS
Some unaccompanied children may obtain legal immigration status while in ORR
care. ORR may also discover during the process of placing and providing
services to a child that he or she already has legal immigration status or is a
U.S. citizen. By law, ORR is not authorized to have custody of children with
legal immigration status or U.S. citizenship. Therefore, these children cannot
remain in ORR’s care, and ORR must promptly release them from ORR-funded care
provider facilities.
As soon as ORR determines that an unaccompanied child may be eligible for legal
status, ORR begins development of a Post Legal Status Plan. The case manager
develops the plan, and ORR approves it, tailoring it to the needs and pending
immigration status of the child.
As is the case for all UC, ORR continually makes efforts to reunify children who
have promising immigration cases with family members. However, if no parent,
legal guardian, relative, or other suitable adult is available, ORR and the care
provider, as part of the development of the Post Legal Status Plan, identify
alternative placements for the child, including specialized programs, state or
county entities or licensed nonprofit organizations that will take custody of
the child. In limited circumstances, children with certain types of immigration
status may be eligible for release into ORR’s Unaccompanied Refugee Minors (URM)
Program. Placement in the URM Program is limited by type of immigration status
and the availability of appropriate placement options. ORR will not release
children on their own recognizance under any circumstances.
Posted 05/8/17
2.8.7 RELEASE OF SARAVIA CLASS MEMBERS
Generally, ORR must release a UC to the previous sponsor within three calendar
days of a successful Saravia hearing unless one of the following exceptions
applies:
* The sponsor is physically unavailable (e.g., has been removed from the United
States, imprisoned, cannot be located, or is unwilling to take the minor
back);
* There has been abuse or neglect (e.g., ORR has evidence that the prior
sponsor, or individuals in the sponsor’s household, have abused or neglected
the UC or other children in the sponsor’s home); or
* The UC was previously released to a Category 2B or Category 3 sponsor but the
child was not living with that sponsor immediately prior to arrest. (For UC
who are arrested by ICE after serving time in a local jail, ORR releases to
the previous Category 2B or Category 3 sponsor within three calendar days if
the UC was living with that sponsor immediately prior to their arrest by
local authorities.)
Where release is not possible for one of the reasons above, ORR follows the
standard safe and timely release process (see Section 2 Safe and Timely Release
from ORR Care). However, this process shall not take into account any prior
allegations of gang affiliation that existed at the time of a Saravia class
membership determination.
If a Saravia class member returns to ORR custody after not having prevailed at
his or her Saravia hearing, ORR follows its normal policies and procedures for
release of the UC.
Posted 02/12/21
2.9 BOND HEARINGS FOR UNACCOMPANIED CHILDREN
Consistent with the Ninth Circuit Court of Appeals decision in Flores v.
Sessions, unaccompanied children have the opportunity to seek a bond hearing
with an immigration judge.
In a bond hearing, an immigration judge decides whether the child poses a danger
to the community.14 For the majority of children in ORR custody, ORR has
determined they are not a danger and therefore has placed them in shelters,
group homes, and in some cases, staff secure facilities. For these children, a
bond hearing is not beneficial.
The burden is on the requestor to demonstrate that the child can be released
because he or she is not a danger to the community. An immigration judge’s
decision that the unaccompanied child is not a danger to the community
supersedes an ORR determination on that question, unless the immigration judge’s
decision is overturned by the Board of Immigration Appeals (BIA). However, even
if an immigration judge decides the child is eligible for bond (meaning the
child does not pose a danger to the community and need not remain in an ORR
facility for that reason), in all cases release from ORR custody cannot occur
until ORR has identified, evaluated and approved an appropriate sponsor in
accordance with Section 2 of this policy guide. An immigration judge does not
rule on any of the following:
* release to a sponsor;
* the unaccompanied child’s placement or conditions of placement while in ORR
custody; or,
* releasing the child on his or her own recognizance.
ORR also takes into consideration the immigration judge’s decision in the bond
hearing about the youth’s level of danger when assessing the youth’s placement
and conditions of placement.15
Although these hearings are known as “bond hearings,” ORR does not require
payment of any money in the event a court grants bond.
Requesting a Bond Hearing
A request for a bond hearing may be made by the child in ORR care, by a legal
representative of the child, or by parents/legal guardians on their children’s
behalf. These parties may submit a written request for a bond hearing to the
care provider using the ORR form, Notice of Right to Request a Bond Hearing, or
through a separate written request that provides the information requested in
the form. ORR provides the Notice of Right to Request a Bond Hearing to UC in
secure and staff secure facilities.
A request for a bond hearing must minimally include:
* The full name and alien registration number (“A number”) of the child;
* If a parent or legal guardian, or an appointed legal representative, is
making the request, the parent/legal guardian’s or legal representative’s
name;
* The location of the care provider facility;
* The date of the request; and
* The signature(s) of the requesting child, the parent/legal guardian, and/or
legal representative.
There is no filing fee to submit a request for a bond hearing to the care
provider.
A child (or his or her legal representative) may also request a bond hearing by
making an oral request in immigration court.
Bond Hearings Proceedings
Bond hearings are usually held at the immigration court where the request for a
bond hearing is filed.
If the immigration judge finds an unaccompanied child eligible for bond, and ORR
does not appeal, then ORR follows its sponsor assessment and release procedures
as described in Section 2 of this policy guide.
Appeals
Either party may appeal the immigration judge’s decision to the BIA. Because ORR
cannot release a child until it identifies a suitable sponsor, an immigration
judge’s finding that the unaccompanied child is not a danger to the community
does not necessarily result in a release of the child while an appeal is
pending.
Age Outs
If an unaccompanied child becomes 18 years old during the pendency of a bond
hearing or bond hearing appeal, ORR forwards the request for a bond hearing and
any relevant information to the local DHS/ICE Office of Chief Counsel’s office.
Further Requests for Bond Hearing
If an immigration judge (or BIA, when appealed) determines that an unaccompanied
child is ineligible for bond, such decision is final unless the child can
demonstrate a material change in circumstance to support a second request for a
bond hearing.
Revised 07/19/17
--------------------------------------------------------------------------------
FOOTNOTES
1. As per the release order preference outlined in Flores v. Reno Stipulated
Settlement Agreement, No. 85-4544-RJK (Px) (C.D. Cal., Jan 17, 1997).
2. These categories were created for program use, to help identify potential
sponsors. They are not intended to replace the legal order of preference
established in Flores.
3. The care provider may offer assistance to potential sponsors in securing
necessary documentation, but it is ultimately the potential sponsor’s
responsibility to find and submit them.
4. Potential sponsors, adult household members, and adult caregivers identified
in a sponsor care plan may submit an original version or legible copy of an ORR
Verification of Release form, but only to verify the identity of adults under
the age of 21, and only if the form contains a photograph. ORR will not accept a
Verification of Release as proof of identity if it does not contain a photograph
and/or is for anyone 21 and older.
5. Verification of the potential sponsor’s relationship to the child is a
minimum step required by the TVPRA to determine a potential sponsor’s
suitability and capability of providing for the child’s physical and mental
well-being. See 8 U.S.C. § 1232. As a result, as stated above, ORR may in its
discretion require the submission of multiple forms of evidence.
6. The ORR Director delegates final authority for approving discretionary home
studies to ORR/FFS Supervisors who act as agents of HHS/ORR. (See
Section 2.4.2).
7. Child advocates must keep the information in the case file, and information
about the child’s case, confidential from non-ORR grantees, contractors, and
Federal staff.
8. An Authorization for Release of Information is not required for sponsors,
adult household members, or adult care givers identified in a sponsor care plan
undergoing a sex offender registry check. An Authorization for Request of
Information also is not required for sponsors, adult household members and adult
caregivers identified in a sponsor care plan undergoing a public records check.
However, sponsors will receive notice that public records and sex offender
registry checks will be performed, and will have an opportunity to explain the
results of these checks to ORR. ORR will also provide a method for disputing the
results of checks.(See Section 2.5.3, Q4)
9. As part of the FBI background check process, DHS databases are searched. The
FBI also forwards biographic information to ICE’s Law Enforcement Support Center
(LESC). Neither HHS/PSC or ORR verify any records produced by DHS for background
check purposes.
10. ORR will also reject any sponsor care plans that identify an adult care
giver who has any of the disqualifying criteria.
11. See U.S. Dept. of Health and Human Services, Children's Bureau. Grounds for
involuntary termination of parental rights, at 2. Washington, DC: Child Welfare
Information Gateway, Jan. 2013.
12. Sponsors are provided a Legal Orientation Program for Custodians Overview
flyer as part of the Family Reunification Package that contains further
information.
13. “Change of venue” is a legal term for moving an immigration hearing to a new
immigration court location. The Change of Venue motion must contain information
specified by the Immigration Court. A Change of Venue motion may require the
assistance of an attorney. For guidance on the “motion to change venue,” see the
Immigration Court Practice Manual at www.justice.gov/eoir/reference-materials/ic
. For immigration case information please contact EOIR’s immigration case
information system at 1-800-898-7180. Visit EOIR’s website for additional
information at: www.justice.gov/eoir/formslist.htm .
14. Immigration judges also consider risk of flight. However, ORR does not make
a determination of flight risk for the purpose of deciding whether a child is
released. If an immigration judge offers an opinion about a youth’s risk of
flight, ORR takes the judge’s opinion into consideration when assessing the
child’s placement and conditions of placement, but the decision does not affect
release.
15. Please see footnote above concerning risk of flight.
--------------------------------------------------------------------------------
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