The Office of Refugee Resettlement (ORR), the U.S. agency responsible for overseeing unaccompanied migrant children, will soon implement a significant policy shift allowing it to share sponsors’ immigration status with law enforcement. This regulatory change, detailed in a Federal Register notice set for publication on Tuesday, has drawn criticism from advocates who argue it could deter parents and relatives from stepping forward to reunite with their children.
As part of the policy revision, ORR will remove existing provisions that prohibit the denial of a child’s release solely based on a sponsor’s immigration status. The shift aligns with broader immigration enforcement efforts that gained momentum under former President Donald Trump’s administration, which launched a series of crackdowns beginning in 2017, including tracking unaccompanied migrant minors residing in the U.S.
Earlier this month, the Trump-appointed head of ORR was unexpectedly dismissed amid renewed calls to bolster immigration enforcement. The change comes as ORR asserts that previous Biden-era regulations conflicted with federal law, which it claims mandates the disclosure of immigration status when deemed necessary. Critics, however, warn that coordination with Immigration and Customs Enforcement (ICE) may discourage family members—many of whom lack legal status—from claiming children out of fear of detention or deportation.
Historically, children fleeing violence and poverty from Central America have arrived in large numbers, often due to U.S. policies allowing them to remain while their cases are processed. ORR typically places these children with sponsors, most commonly parents or close relatives, outside of federal custody. In 2018, an ICE official estimated that approximately 80% of these sponsors lacked legal status.
Concerns over the policy change have been further amplified by reports that the Trump administration significantly curtailed a federal program providing legal counsel to unaccompanied minors. The program’s suspension has been widely condemned, with legal advocates emphasizing the critical role of representation in ensuring due process for vulnerable children navigating the immigration system.
“Ending this long-standing program is a direct attack on due process,” said Shayna Kessler, a director at the Vera Institute of Justice, which has played a key role in providing legal aid to migrant minors.
As debates over immigration policy continue, the Administration for Children and Families, ORR’s parent agency, has yet to issue an official response regarding the suspension of legal services for unaccompanied children. Meanwhile, immigrant rights organizations and legal advocates remain steadfast in their opposition, warning of the long-term consequences for children seeking safety in the United States.
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