Legal Rights of Unaccompanied Children in ORR Custody

RESOURCE LIBRARY

Immigrant children in the custody of the Office of Refugee Resettlement (ORR) have new legal rights under the ORR Foundational Rule published in April 2024. In addition, the federal district court in Lucas R. v. Azar approved three settlement agreements in May 2024 and granted a declaratory judgment in September 2024.

In June 2024, a federal district court partially terminated the Flores Settlement Agreement as to children in ORR custody after finding that the ORR Foundational Rule codified most of the provisions of the Settlement. Children placed in restrictive and out-of-network facilities, however, remain protected by the Settlement.  

The following guides are designed to assist attorneys and child advocates in understanding and enforcing the rights of children in ORR custody. These guides do not, and are not intended to, constitute legal advice in a particular case. Examples used throughout these guides are intended to illustrate possible fact scenarios for unaccompanied children.

If you have questions, reach out to the National Center for Youth Law. We can help identify potential legal violations and suggest options for relief. Please contact Mishan Wroe (mwroe@youthlaw.org) and Diane de Gramont (ddegramont@youthlaw.org).

Sexual and Reproductive Health Rights in ORR Custody

• Unaccompanied youth in ORR custody currently have the right to access sexual and reproductive health care services such as abortion care and contraception. ORR is required to ensure that each youth has access to necessary health care, regardless of the state in which they are placed or the religious beliefs of the youth’s care provider.

Rights of Pregnant and Parenting Youth in ORR Custody

• Like all youth in ORR custody, pregnant and parenting youth have the right to be placed in the least restrictive setting and to receive care in a manner that is sensitive to each youth’s complex needs. ORR must uphold pregnant and parenting youths’ rights to family integrity and parental and bodily autonomy.

Rights of Children in ORR Custody to Prompt Release

• Unaccompanied children have a right to release from ORR custody without unnecessary delay. Children seeking release to close relatives have additional due process protections, including timelines for deciding sponsorship applications, notice requirements, and an opportunity for sponsors to appeal the denial of their sponsorship application.

Rights of Children in ORR Custody Placed in Restrictive Settings

• Before an unaccompanied child in ORR custody is placed in a secure juvenile detention facility, a residential treatment center, or a heightened supervision facility, ORR must have clear and convincing evidence to justify this placement. The child is entitled to detailed notice of the reasons for their restrictive placement and a prompt opportunity to challenge this placement.

Rights of Children with Disabilities in ORR Custody

• Unaccompanied children with disabilities, including mental health conditions, are entitled to be free from discrimination based on disability, receive reasonable modifications and additional services needed to accommodate their disability, be placed in the least restrictive and most integrated setting appropriate to their needs, and receive an equal opportunity at prompt release.

Rights of Children Prescribed Psychotropic Medications in ORR Custody

• If a child in ORR custody is prescribed psychotropic medication, ORR must generally obtain informed consent from an authorized family member before giving the child the medication, except in emergency situations. ORR must also ensure meaningful oversight of the administration of psychotropic medications to children across its network.