Friend,
The Office of Refugee Resettlement (ORR) published a new rule that gives Immigration and Customs Enforcement (ICE) broad access to the immigration status of sponsors and families of unaccompanied children for enforcement purposes and removes safeguards against release denials based solely on a sponsor's immigration status.
This rule went into effect on March 25, 2025 (the same day the Rule was published) and comments are due May 27th.
The Rule eliminates a provision of the ORR Foundational Rule that includes critical protections for unaccompanied children and their families. The deleted provision states that “ORR shall not disqualify potential sponsors based solely on their immigration status and shall not collect information on immigration status of potential sponsors for law enforcement or immigration enforcement related purposes. ORR shall not share any immigration status information relating to potential sponsors with any law enforcement or immigration enforcement related entity at any time.”
This is shameful. It is dangerous for children and family members alike for ICE to have access to sensitive information about undocumented family members and sponsors. When ICE has access to sensitive information, family members have to consider whether they risk detention or even deportation if they apply to sponsor their child out of federal custody. Without sponsors, children face prolonged detention and separation from loved ones. Collecting and sharing sponsor information for immigration enforcement purposes is contrary to ORR's mission to act in the best interests of children in their custody, prioritizing family reunification as quickly and safely as possible. ORR should not be assisting immigration enforcement to harass, detain, and deport a child's family.
The Rule also permits ORR to deny children release to their parents or other caring sponsors based on immigration status. A parent's immigration status has nothing to do with their ability to provide a loving home for their child. If a child does not have any family members with stable immigration status, this Rule could lead to their indefinite detention or permanent family separation. Tearing families apart because of legal status is cruel and devastating for children.
Federal law requires federal agencies to consider public comments submitted about these kinds of rules. That's why we need as many people as possible to send in unique comments opposing this rule. You can use our template language, set up in the form by clicking below. You can also submit a comment directly through the government website. (One note: while we encourage you to share personal experiences that are relevant, please do not share any names or identifying information about clients.)
Thank you for standing with immigrant children and their families!
