Phase 2: Letter Writing Campaign
Print, sign, send as many copies as you want. Flood them with letters.
MAIL TO:
Toby Biswas, Director of Policy,
Unaccompanied Children Program,
Office of Refugee Resettlement,
Administration for Children and Families,
Department of Health and Human Services,
Washington, DC, (202) 205–4440
Phase 1: Public Commenting Period
Join us in the fight against child trafficking.
Your voice makes a difference!
Unaccompanied Children Program Foundational Rule Commenting PeriodYou wanted to fight the deepstate, we are combating human trafficking together and we need your help.
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Table of Contents
- Comment 1 – Comment 10
- Comment 11 – Comment 20
- Comment 21 – Comment 30
- Comment 31 – Comment 40
- Comment 41 – Comment 50
- Comment 51 – Comment 60
- Comment 61 – Comment 70
- Comment 71 – Comment 80
- Comment 81 – Comment 90
- Comment 91 – Comment 94
Comment 1
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https://www.regulations.gov/commenton/ACF-2023-0009-0001
2023-21168 does not have the following words listed in the document: Transnational; Watchlist. This is evidence that HHS has not consulted with DOJ, DHS, Treasury Dept, State Dept. DoL, nor any Executive Branch office that operates within the transnational organized crime program. HHS has no ability to identify traffickers, gang members, cartel members. Due to this, children within the HHS UC Program will continue to be trafficked and Congress will have no oversight, therefore, the American citizen will continue to fund government-sponsored child trafficking.
Comment 2
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https://www.regulations.gov/commenton/ACF-2023-0009-0001
“The HSA defines unaccompanied children and establishes ORR responsibilities with respect
to unaccompanied children. The HSA defines “unaccompanied alien child,” a term ORR uses
synonymously with “unaccompanied child,” as “a child who—(A) has no lawful immigration
status in the United States; (B) has not attained 18 years of age; and (C) with respect to whom
—(i) there is no parent or legal guardian in the United States; or (ii) no parent or legal
guardian in the United States is available to provide care and physical custody.”
- Pg 9 2023-21168
- The definition of an unaccompanied alien child requires the child to have no parent in the
United States; however, Category 1 Sponsor in the UAC program is defined as “parent of the
UC”. By this definition, the program itself is unable to adhere to the basic intent of the
program.
Comment 3
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https://www.regulations.gov/commenton/ACF-2023-0009-0001
“Pursuant to these statutory requirements, the UC Program provides a safe and appropriate
environment to children and youth who come to the United States without immigration
status and who have no parent or legal guardian in the United States or one available in the
United States to provide for their care and physical custody.”
- Pg 9 2023-21168
- Per the government’s own admission, the UAC program has been unable to get locate
85,000 children from the UAC program. These numbers are only during fiscal years
2021-2022, and are the lowest bar of standard for verification (somebody answered the
phone).
Comment 4
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https://www.regulations.gov/commenton/ACF-2023-0009-0001
“When DHS immigration officials with an unaccompanied child in custody transfer that child to
ORR, ORR promptly places the unaccompanied child in the least restrictive setting that is in
the best interests of the child, taking into consideration danger to self, danger to the
community, and risk of flight. ORR considers the unique nature of each child’s situation, the
best interest of the child, and child welfare principles when making placement, clinical, case
management, and release decisions.”
- Pg 9 2023-21168
- UCs are pushed into abortion, therefore, has shown no ability to have kids’ best interests;
prioritize flight risk over trafficking.- UCs are treated not individually, but quickly. ORR does not provide religious counseling if a
UAC is pregnant, only counseling from pro-abortion organizations.
Comment 5
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https://www.regulations.gov/commenton/ACF-2023-0009-0001
“The HSA also states that ORR shall not release unaccompanied children from custody upon
their own recognizance, and requires ORR to consult with appropriate juvenile justice
professionals and certain Federal agencies in relation to placement determinations to ensure
that unaccompanied children are likely to appear at all hearings and proceedings in which they
are involved; are protected from smugglers, traffickers, and others who might seek to
victimize or otherwise engage them in criminal, harmful, or exploitative activity; and are
placed in a setting in which they are not likely to pose a danger to themselves or others.[9] ORR
notes that under its current policies, such consultation is subject to privacy protections for
unaccompanied children. For example, ORR restricts sharing certain case-specific information
with the Executive Office for Immigration Review (EOIR) and DHS that may dissuade a child
from seeking legal relief”
- Pg 11 2023-21168
- ORR and HHS have a proven track record of being unable and unwilling to identify trafficking
patterns going back to 2014.
Comment 6
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https://www.regulations.gov/commenton/ACF-2023-0009-0001
“Furthermore, the TVPRA requires the Secretary of HHS to establish policies and programs
to ensure that unaccompanied children in the United States are protected from
traffickers and other persons seeking to victimize or otherwise engage such children in
criminal, harmful, or exploitative activity. The TVPRA describes requirements with respect
to safe and secure placements for unaccompanied children, safety and suitability
assessments of proposed sponsors for unaccompanied children, legal orientation
presentations, access to counsel, and child advocates, among other requirements.”
- Pg 12 2023-21168
- UC Program has an extensive history of trafficking children, and the TVPRA has no
enforcement mechanism. Furthermore, ORR and HHS have proven an inability to protect
children from traffickers.
Comment 7
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https://www.regulations.gov/commenton/ACF-2023-0009-0001
“A final rule was promulgated on August 23, 2019 (2019 Final Rule), which comprised two sets
of regulations: one issued by DHS and the other by HHS. The HHS regulations addressed only
the care and custody of unaccompanied children.”
- Pg15 2023-21168
- Source is 2019-17927 in the Federal Register
- “The TVPRA reinterpretation may also change the current DHS operations of releasing
minors only to parents or legal guardians by adding language to permit release of a minor
to someone other than a parent or legal guardian, specifically an adult relative (brother,
sister, aunt, uncle, or grandparent) not in detention. DHS is unable to estimate the
potential costs and burden of training CBP and ICE officers to operationalize this
change in regards to vetting these adult relatives and coordinating the releases. DHS
expects that this change may increase the releases of accompanied minor children from
DHS custody in FRCs and could increase the detention of single adults.”
Comment 8
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“On December 29, 2020, in Flores v. Rosen, the U.S. Court of Appeals for the Ninth Circuit
affirmed in part and reversed in part the District Court Order.[32] Regarding the HHS regulations
applicable to the care and custody of unaccompanied children in the 2018 Proposed Rule, the
Court of Appeals held that the regulations were “largely consistent” with the FSA, with two
exceptions.”
- Pg 16 2023-21168
- HHS Rule Change and Courts acknowledge the inconsistencies within the language of the
law and policy:- “The underlying District Court case also found a third problematic aspect of the HHS
regulations, that the HHS regulations were inconsistent with the FSA because they
used descriptive, not mandatory, language in implementing certain provisions ( e.g.,
while the FSA requires that minors not released “shall be placed temporarily in a licensed
program” whose homes and facilities “shall be non-secure as required under state law,”
FSA ¶¶6, 19, the regulations stated that “ORR places [unaccompanied minors] into a
licensed program” and that “ORR places each [minor] in the least restrictive setting that is
in the best interest of the child and appropriate to the [minor’s] age and special needs,” 84
FR 44,392, 44,531.). But on appeal, the Ninth Circuit ruled that where the 2019 Final Rule
did not use mandatory language, nevertheless “HHS and ORR are bound by and must
comply with the descriptive language in the HHS regulations as equivalent to the
mandatory requirements in the Agreement. So interpreted, the descriptive language in the
regulations is consistent with the Agreement.”
Comment 9
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https://www.regulations.gov/commenton/ACF-2023-0009-0001
“Under the HSA, ORR is responsible for “coordinating and implementing the care and
placement of [unaccompanied children] who are in Federal custody by reason of their
immigration status,” “identifying a sufficient number of qualified individuals, entities, and
facilities to house [unaccompanied children],” “overseeing the infrastructure and personnel
of facilities in which [unaccompanied children reside],” and “conducting investigations and
inspections of facilities and other entities in which [unaccompanied children] reside, including
regular follow-up visits to such facilities, placements, and other entities, to assess the
continued suitability of such placements.”
- Pg 19 2023-21168
- ORR, via administrative law, removed instruments of data collection for the ORR Monitoring
Team. ORR has demonstrated an inability to perform basic functions of this program.
Comment 10
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https://www.regulations.gov/commenton/ACF-2023-0009-0001
“With respect to the care and placement of unaccompanied children, the TVPRA requires that
HHS establish policies and programs to ensure that unaccompanied children are
protected from traffickers and other persons seeking to victimize or exploit children.”
- Pg 20 2023-21168
- The TVPRA has no enforcement mechanism and HHS/ORR policies have created the
conditions of over 100,000 UACs being trafficking via their own programs.
Comment 11
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“To the extent that any portion of the requirements arising from the final rule is declared invalid
by a court, ORR intends for all other parts of the final rule that are capable of operating in the
absence of the specific portion that has been invalidated to remain in effect.”
- Pg 21 2023-21168
- ORR’s policy they have created since 2021 has led to the conditions of the 85,000 trafficked
children from 2021-2022.
Comment 12
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https://www.regulations.gov/commenton/ACF-2023-0009-0001
Section 410.1000
“The proposed provisions of this part would, in many cases, codify existing ORR policies and
practices. Further, upon publication of a final rule, ORR would continue to publish
subregulatory guidance as needed to clarify the application of these regulations.”
- Pg 22 2023-21168
- Current rules and regulations limit background checks and allow loopholes like scant
identification requirements and unregulated communication practices. ORR has
demonstrated an inability to collect information to identify trafficking patterns. ORR has
demonstrated they are unable to perform their mission without trafficking children. Codifying
these policies and practices into law will codify child trafficking.
“Accordingly, ORR has developed a more realistic and workable threshold for
implementing safeguards necessary in cases where a high percentage of ORR bed capacity is
in use.”- Pg 25 2023-21168
- ORR has not developed any safeguards for children in their custody regardless of location,
time, or purpose.
Comment 13
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“ORR notes that while the TVPRA requires that follow-up services must be provided during the
pendency of removal proceedings in cases in which a home study occurred, the nature and
extent of those services would be subject to available resources.”
- Pg 25 2023-21168
- From 2021 to Feb 2023, ORR was required to give home studies in 100% of Category 3
sponsors and yet only performed approximately 46%. ORR is unable to perform this
mission.
Comment 14
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“ORR also notes that runaway risk may also relate to potential danger to self or the community,
given the inherent risks to unaccompanied children who run away from custody.”
- Pg 26 2023-21168
- ORR has no ability to quantify runaway risk, and, has no process in place to address the
conditions ORR has created leading to runaway risk.
Comment 15
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“ORR understands this proposed definition for “standard program” to encompass any program
operating non-secure facilities that provide services to unaccompanied children in need of
particular services and treatment or children with particular mental or physical
conditions.”
- Pg 28 2023-21168
- ORR widens the bucket with vague language of who can house kids (Title IV-E funding?);
this will lead to worse reporting standards and an increased rate of trafficking children
Comment 16
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https://www.regulations.gov/commenton/ACF-2023-0009-0001
“ORR understands trauma-informed system, standard, process, or practices consistently
with the 6 Guidelines To A Trauma-Informed Approach developed by the Centers for
Disease Control and Prevention (CDC) in collaboration with the Substance Abuse and Mental
Health Services Administration (SAMHSA).”
- Pg 29 2023-21168
- Six Guiding Principles
- Safety
- Trustworthiness and Transparency
- Peer Support
- Collaboration and Mutuality
- Empowerment Voice and Choice
- Cultural, Historical, and Gender Issues
- “Adopting a trauma-informed approach is not accomplished through any single
particular technique or checklist. It requires constant attention, caring awareness,
sensitivity, and possibly a cultural change at an organizational level. On-going internal
organizational assessment and quality improvement, as well as engagement with
community stakeholders, will help to imbed this approach which can be augmented
with organizational development and practice improvement. The training provided by
CPR and NCTIC was the first step for CDC to view emergency preparedness and
response through a trauma-informed lens.”
Comment 17
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https://www.regulations.gov/commenton/ACF-2023-0009-0001
Section 410.1003 General Principles That Apply to the Care and Placement of
Unaccompanied Children
“ORR proposes, at §410.1003, to describe principles that would apply to the care and
placement for unaccompanied children in its custody. These principles are based on ORR’s
statutory duties to provide care and custody for unaccompanied children in a manner
that is consistent with their best interests.” … “At proposed §410.1003(c), ORR would be
required to plan and provide care and services based on the individual needs of and focusing
on the strengths of the unaccompanied child. As a complementary provision, ORR proposes,
at §410.1003(d), to encourage unaccompanied children, as developmentally appropriate
and in their best interests, to be active participants in ORR’s decision-making process
relating to their care and placement.”
- Pg 30 2023-21168
- Principles:
- 8 USC 1232(c)(1)
- “(c) Providing safe and secure placements for children
- (1) Policies and programs
- The Secretary of Health and Human Services, Secretary of Homeland Security, Attorney
General, and Secretary of State shall establish policies and programs to ensure that
unaccompanied alien children in the United States are protected from traffickers and
other persons seeking to victimize or otherwise engage such children in criminal,
harmful, or exploitative activity, including policies and programs reflecting best practices
in witness security programs.”
Comment 18
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“At proposed §410.1003(g), ORR would require consultation with parents, legal guardians,
child advocates, and attorneys of record or EOIR accredited representatives as needed when
requesting information or consent from all unaccompanied children.”
- Pg 31 2023-21168
- ORR needs to have local law enforcement, county oversight, and state oversight regarding
the nature of their operations in respective jurisdictions. Furthermore, complete and
accurate record documentation to include video and digitizing records must be included.
ORR has demonstrated no understanding of their current failures.
Comment 19
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Section 410.1101 Process for the Placement of an Unaccompanied Child After Referral
From Another Federal Agency
“ORR believes that setting a maximum time frame of 48 hours for ORR to identify a placement
and notify a referring Federal agency of ORR’s identification of a placement would help to
expedite transfer of unaccompanied children from the referring Federal agency to ORR
care, but also that certain exceptions to this time frame may be necessary in certain
circumstances, as discussed in the following paragraph.”
- Pg 34 2023-21168
- ORR is too unorganized and inefficient to be working faster; another example of speed >
safety as identified by countless whistleblowers and Operation Artemis.
Comment 20
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“In addition, the FSA includes an exception in which a reasonable person would conclude that
an individual is an adult despite the individual’s claim to be an unaccompanied child. However,
ORR does not propose to include this as an exceptional circumstance for purposes of
proposed §410.1101(b) and (c) because ORR does not believe that such a situation poses
the type of urgency inherent in exceptional circumstances as described above.”
- Pg 36 2023-21168
- ORR has demonstrated an inability identify to perform the ability to verify testimony from
UACs nor sponsors, to include, age. In one instance, ORR pushed through a 50 year old
woman who passed as a 17 year old
Comment 21
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https://www.regulations.gov/commenton/ACF-2023-0009-0001
Section 410.1102 Care Provider Facility Types
“Consistent with proposed §410.1102, ORR would place unaccompanied children in group
homes or individual family homes, including long-term and transitional home care settings, as
appropriate, based on the unaccompanied child’s age and individualized needs and
circumstances.”
- Pg 38 2023-21168
- The foster system in the United States is too disjointed and has too much of a trafficking
presence as well. Furthermore, runaways in group homes do not qualify for Amber Alerts,
which would lower the reporting standards for trafficked children.
Comment 22
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https://www.regulations.gov/commenton/ACF-2023-0009-0001
“Finally, for the final rule, ORR is also considering replacing its current long-term and
transitional home care placement approach with a community-based care model that would
expand upon the current types of care provider facilities that may care for
unaccompanied children in community-based settings.” … “‘Community-based care’
would be a continuum of care that would include basic and therapeutic foster family settings
as well as supervised independent living group home settings for unaccompanied children,
which are funded and administered by ORR.”
- Pg 40 2023-21168
- This would increase more care providers who are unvetted with access to children via foster
homes, group homes, placement agencies
Comment 23
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https://www.regulations.gov/commenton/ACF-2023-0009-0001
Section 410.1103 Considerations Generally Applicable to the Placement of an
Unaccompanied Child
“As a result, consistent with prioritizing the safety and well-being of all unaccompanied
children, when making a placement determination, ORR evaluates the best interests of both
the individual unaccompanied child being placed and the best interests of the other
unaccompanied children at the care provider facility where the individual unaccompanied
child may be placed.”
- Pg 43 2023-21168
- ORR and its contractors have proven to show an inability to identify patterns of trafficking
Comment 24
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“…ORR proposes that it would consider additional factors that may be relevant to the
unaccompanied child’s placement, to the extent such information is available, including but
not limited to the following: danger to self and the community/others, runaway risk, trafficking
in persons or other safety concerns, age, gender, LGBTQI+ status, disability, any specialized
services or treatment required or requested by the unaccompanied child, criminal background,
location of potential sponsor and safe and timely release options, behavior, siblings in ORR
custody, language access, whether the unaccompanied child is pregnant or parenting, location
of the unaccompanied child’s apprehension, and length of stay in ORR custody.”
- Pg 44 2023-21168
- ORR and its contractors have proven to show an inability to identify patterns of trafficking
Comment 25
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“In addition, with respect to the consideration of whether any specialized services or
treatments are required, ORR is aware of the importance of ascertaining an unaccompanied
child’s health status, including the need for proximity to medical specialists, the child’s
reproductive health status”
- Pg 44 2023-21168
- ORR will continue to move prioritize moving children out of states with abortion bans to
perform abortions without the child’s parents’ knowledge/consent; furthermore, ORR policy
allows for separating siblings for to perform abortions.
Comment 26
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https://www.regulations.gov/commenton/ACF-2023-0009-0001
“Additionally, in proposed §410.1103(e), ORR proposes to codify its existing policy that ORR
make reasonable efforts to provide placements in those geographical areas where DHS
encounters the majority of unaccompanied children. ORR believes this provision is justified
in order to facilitate the orderly and expeditious transfer of children from DHS border
facilities to ORR care provider facilities, which is in the child’s best interest.”“Additionally, in proposed §410.1103(e), ORR proposes to codify its existing policy that ORR
make reasonable efforts to provide placements in those geographical areas where DHS
encounters the majority of unaccompanied children. ORR believes this provision is justified
in order to facilitate the orderly and expeditious transfer of children from DHS border
facilities to ORR care provider facilities, which is in the child’s best interest.”
- Pg 46 2023-21168
- ORR has demonstrated the prioritization of speed over safety; this priority will continue as
ORR has its policy enshrined in law via this rule change.
Comment 27
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“Finally, ORR proposes at §410.1103(f) to codify a requirement that care provider facilities
accept all unaccompanied children placed by ORR at their facilities, except in limited
circumstances.”
- Pg 46 2023-21168
- States will have no authority to prevent trafficking in their own state. By ORR creating this
condition, further administrative law will allow for more modifications for trafficking
operations.
Comment 28
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“The 2019 Final Rule at §410.201(b) provided that ORR separates unaccompanied children
from delinquent offenders. However, ORR notes that paragraph 12A of the FSA concerns
detention of unaccompanied children following arrest by the former INS, and currently DHS,
before transfer of custody to ORR. ORR is not involved in the apprehension or encounter of
unaccompanied children or their immediate detention following apprehension or encounter and
thus ORR proposes to omit this provision from this regulation.”
- Pg 47 2023-21168
- This will continue to allow gang members in the UC Program to be around innocent children,
there are current reports and FOIAs which are seeking clarification of why UACs are dying in
ORR’s custody.
Comment 29
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https://www.regulations.gov/commenton/ACF-2023-0009-0001
Section 410.1105 Criteria for Placing an Unaccompanied Child in a Restrictive
Placement
“Under proposed §410.1105(a)(2), ORR would not place an unaccompanied child in a secure
facility (that is not also an RTC) if less restrictive alternative placements are available. Such
placements must also be appropriate under the circumstances, and in the best interests of the
unaccompanied child.”
- Pg 49 2023-21168
- ORR has proven unable to serve in the best interests of any child, and, prioritize speed and
efficiency of delivering over safety for the children (see: 85,000 missing kids from
2021-2022).
Comment 30
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https://www.regulations.gov/commenton/ACF-2023-0009-0001
“ORR believes it is appropriate to omit such language because being “chargeable” with an
offense is not a permissible reason for placement in a secure facility identified by the TVPRA.
Further, because it is not a law enforcement agency, unlike the former INS, ORR is not in
a position to make determinations such as whether an unaccompanied child is
“chargeable.”
- Pg 51 2023-21168
- ORR admits they are not law enforcement, which by admission, includes they are not
intelligence, nor any other mission which would be able to make determinations for a child
Comment 31
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“Third, ORR proposes at §410.1105(a)(3)(iii) that it may place an unaccompanied child in a
secure facility (that is not an RTC) if the unaccompanied child has engaged, while in a
restrictive placement, in conduct that has proven to be unacceptably disruptive of the normal
functioning of the care provider facility, and removal is necessary to ensure the welfare of the
unaccompanied child or others, as determined by the staff of the care provider facility ( e.g.,
substance or alcohol use, stealing, fighting, intimidation of others, or sexually predatory
behavior), and ORR determines the unaccompanied child poses a danger to self or others
based on such conduct.”
- Pg 52 2023-21168
- ORR limits language of not moving a child only if violent while in restrictive placement. ORR
has no mechanism to not move a child to a group home or sponsor if that home is violent.
Comment 32
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“ORR also may confer with other Federal agencies and non-governmental stakeholders
( e.g., the protection and advocacy (P&A) systems) when vetting OON RTCs to determine, in
its discretion, the appropriateness of such OON RTCs (out of network residential treatment
centers) for placement of unaccompanied children. ORR appreciates that P&As may have
valuable information relating to the vetting process because they may have prior experience
with certain facilities with respect to their past care and treatment of individuals with disabilities
( e.g., findings of abuse and neglect, compliance issues).”
- Pg 56 2023-21168
- Polaris Project may need to interject to identify the problems with this proposal, or, at least
some data provided by ORR to deliver their analysis via quantified measurable.
Comment 33
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Section 410.1107 Considerations When Determining Whether an Unaccompanied Child
Is a Runaway Risk for Purposes of Placement Decisions
“As proposed, ORR would interpret “risk of flight,” which is used in immigration law regarding
an individual’s risk of not appearing for their immigration proceedings, as including runaway
risk. In its discretion, ORR considers these runaway risk factors when evaluating whether to
transfer an unaccompanied child to another care provider facility, in accordance with proposed
§410.1601.”
- Pg 59 2023-21168
- OOR has previously stated “Further, because it is not a law enforcement agency, unlike the
former INS, ORR is not in a position to make determinations such as whether an
unaccompanied child is “chargeable.” By admission, ORR does not have the capacity to
make this assessment.
Comment 34
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“ORR notes that under paragraph 22(B) of the FSA, a voluntary departure from the U.S. by
the unaccompanied child is also a risk factor. Based on ORR’s experience in placing an
unaccompanied child, ORR proposes not to codify whether the child’s immigration history
includes a voluntary departure because this factor has not been relevant in determining
whether the child is a runaway risk.”
- Pg 59 2023-21168
- A UC means the child has no parents in the U.S.; thus a voluntary departure would mean the
child returning to his/her home.
Comment 35
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“Proposed §410.1107(d) would require ORR to consider whether the unaccompanied child has
displayed behaviors indicative of flight or has expressed intent to run away. Under proposed §
410.1107(e), ORR would consider evidence that the unaccompanied child is indebted to,
experiencing a strong trauma bond to, or is threatened by a trafficker in persons or drugs, in
determining whether the unaccompanied child is a runaway risk. ORR developed this proposal
through its practical experience of making runaway risk placement decisions and believes it is
appropriate to add as an additional factor to consider.”
- Pg 60 2023-21168
- ORR has lost 35% of UCs as the absolute lowest number possible. ORR has demonstrated
an inability to perform basic functions and would be unable to perform complex analysis.
Comment 36
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Section 410.1108 Placement and Services for Children of Unaccompanied Children
“Additionally, a noncitizen child who is in the custody of a parent who is an unaccompanied
child who is available to provide care and physical custody, is not an unaccompanied child.”
- Pg 61 2023-21168
- ORR acknowledges Category 1 sponsors for UCs should not exist
Comment 37
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Subpart C—Releasing an Unaccompanied Child From ORR Custody
Section 410.1201 Sponsors to Whom ORR Releases an Unaccompanied Child
“Proposed §410.1201(a) would therefore codify the following order of preference for release of
unaccompanied children: (1) to a parent; (2) to a legal guardian; (3) to an adult relative; (4) to an
adult individual or entity, designated by the parent or legal guardian as capable and willing to
care for the unaccompanied child’s well-being through a declaration signed by the parent or
legal guardian under penalty of perjury before an immigration or consular officer, or through
such other document(s) that establish(es) to the satisfaction of ORR, in its discretion, the
affiant’s maternity, paternity, or guardianship; (5) to a standard program willing to accept legal
custody of the unaccompanied child; or (6) to an adult individual or entity seeking custody, in
the discretion of ORR, when it appears that there is no other likely alternative to long term
custody and release to family members does not appear to be a reasonable possibility.
- Pg 66-67 2023-21168
- Examples 1 and 2 are paradoxical to the definition of a UC. Any non-relative are too
unvetted.
Comment 38
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“Possible scenarios in which ORR envisions (6) may be applicable include, for example, foster
parents or other adults who have built or are building a relationship with an unaccompanied
child while in ORR care, such as a teacher or coach, and in which it is possible to ensure that a
healthy and viable relationship exists between the unaccompanied child and proposed
sponsor.”
- Pg 67 2023-21168
- No person is able to build a bond 14-30 days to be awarded custody. ORR has not included
bonding thresholds into any stage of moving children, and have taken active measures to
prevent such.
Comment 39
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“Further, under the FSA, ORR may require a positive result in a suitability assessment of an
individual or program prior to releasing an unaccompanied child to that entity, which may
include an investigation of the living conditions in which the unaccompanied child would be
placed and the standard of care the child would receive, verification of the identity and
employment of the individuals offering support, interviews of members of the household, and a
home visit.”
- Pg 68 2021-21168
- ORR will not make home studies, interviews, and investigations mandatory in all releases.
For Category 3 sponsors, which home studies are supposed to be mandatory, ORR has only
perform home studies in 46% of Category 3 releases.
Comment 40
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“Consistent with ORR’s responsibilities under 8 U.S.C. 1232(c)(3)(A), and with its current
policies, suitability assessments would, at minimum, consist of review of the proposed
sponsor’s application package described in §410.1202(a), including verification of the
proposed sponsor’s identity and the proposed sponsor’s relationship to the child. ORR may
consult with the issuing agency ( e.g., consulate or embassy) of the sponsor’s identity
documentation to verify the validity of the sponsor identity document presented and may also
conduct a background check on the proposed sponsor.”
- Pg 68-2023-21168
- ORR will not 100% verify identity documentation. DHS has unclassified reporting which
verifies the inability for HHS to detect document fraud. Additionally, ORR accepts
uncontrolled documents with no security features.
Comment 41
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“Proposed §410.1202(c) would provide ORR the discretion to evaluate the overall living
conditions into which the unaccompanied child would be placed upon release to the potential
sponsor.”
- Pg 69 2023-21168
- This removes any other entity having oversight of ORR’s process to determine suitability
Comment 42
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“Proposed paragraph (c) therefore provides that ORR may interview members of the potential
sponsor’s household, conduct a home visit or home study pursuant to proposed §410.1204,
and conduct background and criminal records checks, which may include biometric checks
such as fingerprint-based criminal record checks on a potential sponsor and on adult
household members, consistent with the TVPRA requirement to make an independent finding
that the proposed sponsor has not engaged in any activity that would indicate a potential risk
to the child.”
- Pg 69 2023-21168
- By ORR’s own policy, ORR will not 100% vet household members
Comment 43
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“Proposed §410.1202(c) also permits ORR to verify the employment, income, or other
information provided by the individuals offering support. The TVPRA at 8 U.S.C. 1232(c)(3)
does not require a verification of the sponsor’s employment. However, ORR is proposing to
include this as a permissible consideration as part of the suitability assessment to ensure
sponsors can show they have resources to provide for the child’s physical and mental well-
being. Although ORR believes this information may be relevant, it will not automatically deny an
otherwise qualified sponsor solely on the basis of low income or employment status (either
formal or informal).”
- Pg 69 2023-21168
- ORR will release UCs to unemployed sponsors, which is an indicator for trafficking
Comment 44
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“ORR proposes that it would be able to deny release of an unaccompanied child to unrelated
sponsors who have no pre-existing relationship with the child or the child’s family prior to the
child’s entry into ORR custody.”
- Pg 69-70 2023-21168
- This is paradoxical to Category 3 sponsors
Comment 45
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“ORR proposes that these shall include risks or concerns such as: (1) whether the
unaccompanied child is a victim of sex or labor trafficking or other crime, or is considered to be
at risk for such trafficking due, for example, to observed or expressed current needs, e.g.,
expressed need to work or earn money because of indebtedness or financial hardship;”
- Pg 70 2023-21168
- ORR acknowledges financial status can be a trafficking risk, but not for sponsors as
indicated above
Comment 46
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“In proposed §410.1202(g), ORR establishes a non-exhaustive list of factors that it would
consider when evaluating a potential sponsor’s ability to ensure the physical or mental wellbeing of a child. ORR proposes it would consider the potential sponsor’s strengths and
resources in conjunction with any risks or concerns including: (1) the potential sponsor’s
criminal background; (2) the potential sponsor’s current illegal drug use or history of abuse or
neglect; (3) the physical environment of the home; and/or (4) other child welfare concerns.”
- Pg 70-71 2023-21168
- ORR doesn’t perform drug tests, conducts all meetings via WhatsApp, doesn’t mandate
100% home visits
Comment 47
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“Finally, under proposed §410.1202(i), ORR would develop a release plan that could enable a
safe release to the potential sponsor through the provision of post-release services, if needed.”
- Pg 71 2023-21168
- ORR has not developed a release plan and has demonstrated an inability to safeguard
children from labor and sex trafficking
Comment 48
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Section 410.1203 Release Approval Process
“Proposed information requirements include supporting information and documentation
regarding: the sponsor’s identity; the sponsor’s relationship to the child; background
information on the potential sponsor and the potential sponsor’s household members; the
sponsor’s ability to provide care for the child; and the sponsor’s commitment to fulfill the
sponsor’s obligations in the Sponsor Care Agreement.”
- Pg 72 2023-21168
- ORR has already stated household checks are not mandatory; furthermore ORR has no
standardization of identity forms and may be expired up to two years
Comment 49
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“Under proposed §410.1203(e), consistent with existing policies, ORR would not release an
unaccompanied child to any person or agency it has reason to believe may harm or neglect the
unaccompanied child, or that it has reason to believe will fail to present the unaccompanied
child before DHS or the immigration courts when requested to do so.”
- Pg 73 2023-21168
- ORR has demonstrated an unwillingness to perform investigations and an inability to
safeguard children
Comment 50
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“Furthermore, in proposed §410.1203(f), ORR shall educate the potential sponsor about the
needs of the unaccompanied child as part of the release process and would also work with the
sponsor to develop an appropriate plan to care for the unaccompanied child if the child is
released to the sponsor. Such plans would cover a broad range of topics including providing
the unaccompanied child with adequate care, supervision, access to community resources,
housing, and education.”
- Pg 73 2023-21168
- Per ORR’s own policies, ORR will release UCs to sponsors who are unable to care for the
children
Comment 51
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Section 410.1204 Home Studies
“In §410.1204(b), ORR proposes three circumstances in which a home study shall be required.
The first is under the conditions identified in the TVPRA at 8 U.S.C. 1232(c)(3)(B): “a home
study shall be conducted for a child who is a victim of a severe form of trafficking in persons, a
special needs child with a disability (as defined in section 12102 of title 42), a child who 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 a child whose proposed
sponsor clearly presents a risk of abuse, maltreatment, exploitation, or trafficking to the child
based on all available objective evidence.”
- pg 74 2023-21168
- ORR has no current mechanism to determine if a child has been sexually-abused besides
question-answer testimony
Comment 52
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“Consistent with existing policy, ORR also proposes other circumstances in which it would
require a home study. The second circumstance in which a home study is proposed to be
required is before releasing any child to a non-relative sponsor who is seeking to sponsor
multiple children, or who has previously sponsored or sought to sponsor a child and is seeking
to sponsor additional children. The third circumstance in which a home study is proposed to be
required is before releasing any child who is 12 years old or younger to a non-relative sponsor.”
- Pg 74-75 2023-21168
- Every sponsor requires a home study and identity verification. Under current ORR policy,
100% of Category 3 sponsors are to receive a home study and ORR has only perform
approximately 46% for Category 3 sponsors.
Comment 53
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“Under proposed §410.1204(d), the care provider would inform a potential sponsor whenever it
plans to conduct a home study, explain the scope and purpose of the study to the potential
sponsor, and answer questions the potential sponsor has about the process. In addition, under
this proposed paragraph, the home study would provide its report to the potential sponsor if
the release request is denied, as well as any subsequent addendums if created.”
- Pg 75 2023-21168
Comment 54
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Section 410.1205 Release Decisions; Denial of Release to a Sponsor
“ORR proposes in §410.1205(d) that if the sole reason for denial of release is a concern that
the unaccompanied child is a danger to themself or the community, ORR must send the
unaccompanied child a copy of the Notification of Denial letter, in a language that the child
understands, described at §410.1205(b). If the potential sponsor who has been denied is the
unaccompanied child’s parent or legal guardian and is not already seeking appeal of the
decision, the unaccompanied child may appeal the denial.”
- Pg 76 2023-21168
- ORR gives the UC with not barriers, determinations to appeal the denial (if child is being
pressured, the child can be scared into approving)
Comment 55
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Section 410.1208 ORR’s Discretion To Release an Unaccompanied Child to the
Unaccompanied Refugee Minors Program
“The TVPRA permits ORR to place unaccompanied children in a URM Program, pursuant to
section 412(d) of the Immigration and Nationality Act, if a suitable family member is not
available to provide care.” … two of these categories include “an individual determined to be a
victim of a severe form of trafficking as defined in 22 U.S.C. 7105(b)(1)(C); (3) an individual DHS
has classified as a Special Immigrant Juvenile (SIJ) under section 101(a)(27)(J) of the
Immigration and Nationality Act (INA)”
- Pg 79-80
- ORR will release a child prior to receiving a response from the TVPRA
- USCIS has published U//FOUO pertaining to fraud in Special Immigrant Juvenile cases
Comment 56
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“At proposed §410.1208(c), ORR notes that when it discharges an unaccompanied child
pursuant to this section to receive services through the URM Program, relevant requirements of
the ORR Refugee Resettlement Program regulations would apply, including the requirement
that the receiving entity establish legal responsibility of the unaccompanied child, including
legal custody or guardianship, under state law.[94] Under proposed §410.1208(c), until such
legal custody or guardianship is established, the ORR Director would retain legal custody of the
child.”
- Pg 80 2023-21168
- ORR can be forced via NPRM to retain legal custody of the child. This should be a
necessary outcome for all cases as ORR has demonstrated an inability to identify trafficking.
Comment 57
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Section 410.1209 Requesting Specific Consent From ORR Regarding Custody
Proceedings
“Proposed §410.1209 addresses the specific consent process and is informed by the TVPRA.
Specific consent is a process through which an unaccompanied child in ORR custody obtains
consent from HHS to have a state juvenile court make decisions concerning the
unaccompanied child’s placement or custody. As relevant to this proposed section, ORR notes
that the TVPRA modified section 101(a)(27)(J) of the Immigration and Nationality Act,
concerning SIJ classification.”
- pg 80-81 2023-21168
- ORR needs to demonstrate to all 50 states a quantified analysis before creating any policy or
rule chang
Comment 58
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Section 410.1210 Post-Release Services (no reporting mandates)
“Under proposed §410.1210(a)(1), consistent with existing policy, care provider facilities would
work with sponsors and unaccompanied children to prepare them for the unaccompanied
children’s safe and timely release, to assess the sponsors’ ability to access community
resources, and to provide guidance regarding safety planning and accessing services.”
- Pg 83 3023-21168
- Post release services have no effect if they are not mandatory for reporting and
accountability
Comment 59
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“ORR is aware of concerns that, in some cases, release of UC to sponsors may be unduly
delayed by a lack of available PRS providers and services near the sponsor. Accordingly, ORR
proposes in §410.1210(a)(4) that ORR would not delay the release of an unaccompanied child if
PRS are not immediately available ( e.g., due to a referral delay or waitlist for PRS).”
- Pg 84 2023-21168
- ORR will not delay even if they cannot perform post release service. Per Operation Artemis,
ORR’s sole focus is speed.
Comment 60
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“Under proposed §410.1210(c), ORR proposes to require that unaccompanied children with
certain needs receive additional consideration of those case-specific needs, and may be
referred for PRS to address those needs. Consistent with 8 U.S.C. 1232(c)(3)(B)” …
- Pg 86 2023-21168
- 8 USC 1232(c)(3)(B)
- Before placing the child with an individual, the Secretary of Health and Human Services
shall determine whatever a home study is first necessary. A home study shall be
conducted for a child who is a victim of severe form of trafficking in persons, a special
need child with a disability (as defined in section 12102 of title 42), a child who 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 a child
whose proposed sponsor clearly presents risk of abuse, maltreatment, exploitation,
or trafficking to the child based on all available objective evidence. The Secretary of
Health and Human Services shall conduct follow-up services, during the pendency of
removal proceedings, on children for whom a home study was conducted and is
authorized to conduct follow-up services in cases involving children with mental health and
other needs who could benefit from ongoing assistance from a social welfare agency.”- Per whistleblower testimony
- There are no triggers for home studies
- There is no automated process for home studies
- Federal Field Specialist will move the children without a home study being completed,
which could be as long as 10%
Comment 61
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“In the final version of this rule, ORR is considering codifying a requirement that the PRS
provider’s assessment must include a recommendation regarding the “level” of PRS to be
provided in direct response to the unaccompanied child’s and the sponsor’s needs, based on
regular and repeated assessments.” … “ORR is considering updating the levels of PRS
available to unaccompanied children and sponsors, from a framework that contains two levels
of PRS to a framework that contains three levels, and further, ORR is considering codifying this
PRS level framework.”
- Pg 88 2023-21168
- ORR has demonstrated an inability to perform basic assessments
- ORR needs to demonstrate the math and scientific studies utilized to frame the two-level
model and demonstrate the math and scientific studies utilized to create the three-level
model.
Comment 62
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“Under proposed §410.1210(e)(1), the PRS provider would, in consultation with the
unaccompanied child and sponsor, decide the appropriate methods, timeframes, and schedule
for ongoing contact with the released unaccompanied child and sponsor based on the level of
need and support needed.”
- Pg 89 2023-21168
- This gives more power to the trafficker, if the trafficker answers the phone
- There is no enforcement mechanism
Comment 63
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“Under proposed §410.1210(f)(1), PRS providers would work with released unaccompanied
children and their sponsors to ensure they can access community resources. ORR has opted
not to enumerate ways that PRS providers could comply with this proposed requirement,
because the nature of such assistance would vary by case.”
- Pg 90 2023-21168
- ORR has no enforcement mechanism, nor data collection, to handle a case-by-case process
Comment 64
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“Further, at §410.1210(g)(2), ORR proposes to codify its policy from section 6.2.3 of the ORR
Guide that for released unaccompanied children who are referred to PRS but who are not
mandated to receive PRS following a home study, PRS providers would be required, to the
greatest extent practicable, to start services within two (2) days of accepting a referral.”
- Pg 91 2023-21168
- PRS providers do not have to accept a PRS referral. This creates conditions to legally
continue trafficking children.
Comment 65
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“Under proposed §410.1210(i)(2)(ii), prior to providing PRS, PRS providers would be required to
have established administrative and physical controls to prevent unauthorized access to the
records that include keeping sensitive health information in a locked space when not in use.
ORR believes that any information collected from the unaccompanied child or sponsor should
not be shared for any other purposes except for coordinating services for them. ORR therefore
proposes to codify a requirement at §410.1210(i)(2)(iii) that PRS providers may not release
records to any third party without the prior approval of ORR. If a PRS provider is no longer
providing PRS for ORR, ORR proposes further that the PRS provider would be required to
provide all active and closed case file records in their original format to ORR according to
ORR’s instructions.”
- Pg 92 2023-21168
- Hard no. All records must be available upon demand by any law enforcement agency and
susceptible to FOIA requests including third-party agencies
Comment 66
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“Proposed §410.1210(i)(3) sets forth requirements to protect the privacy of all unaccompanied
children receiving PRS. Under proposed §410.1210(i)(3)(i), PRS providers would be required to
have a written policy and procedure that protects the sensitive information of released
unaccompanied children from access by unauthorized users, such as encrypting electronic
communication (including, but not limited to, email and text messaging) containing sensitive
healthcare or identifying information of released unaccompanied children.”
- Pg 92-92 2023-21168
- If all PRS must be communicated securely due to health information, case management
must be done off of WhatsApp and other non-secure communication mechanism (must be
in-person)
Comment 67
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Section 410.1302 Minimum Standards Applicable to Standard Programs
“ORR believes that the unique needs and background of each unaccompanied child should be
assessed by standard programs to ensure that these needs are being addressed and
supported by the standard program. Therefore, under proposed §410.1302(c)(2), and
consistent with ORR’s existing policy and practice, ORR would require that each
unaccompanied child receive an individualized needs assessment that includes: various initial
intake forms; essential data relating to identification and history of the unaccompanied child
and their family; identification of any special needs the unaccompanied child may have,
including any specific problems that appear to require immediate intervention; an education
assessment and plan; whether an indigenous language speaker; an assessment of family
relationships and interaction with adults, peers and authority figures; a statement of religious
preference and practice; assessment of personal goals, strengths, and weaknesses; and
identifying information regarding immediate family members, other relatives, or friends who
may be residing in the United States and may be able to assist in the safe and timely release of
the unaccompanied child to a sponsor.”
- Pg 96 2023-21268
- Field Guidance 21: ORR Intakes Team must prioritize placement of pregnant UC and UC
who are victims of sexual- based crimes in states without abortion bans and with
broad access to reproductive health care for minors. When bed space in those states is
limited, the ORR Intakes Team must use their professional discretion and judgment and
available information, to place UC in the least restrictive placement with available bed space,
prioritizing facilities that are licensed to care for pregnant UC.- Field Guidance 21: For cases where a UC has requested an abortion but release to an
approved sponsor is imminent, the FFS must elevate the case to their FFS Supervisor,
DHUC, and the UC Policy Unit
Comment 68
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“Under proposed §410.1302(c)(10), ORR would require standard programs to provide
unaccompanied children with visitation and contact with family members (regardless of their
immigration status) which is structured to encourage such visitation, such as offering visitation
and contact at regular, scheduled intervals throughout the week. Standard programs should
provide unaccompanied children with at least 15 minutes of phone or video contact three
times a week with parents and legal guardians, other family members, and caregivers
located in the United States and abroad, in a private space that ensures confidentiality and
at no cost to the unaccompanied child, parent, legal guardian, family member, or caregiver.”
- Pg 101 2023-21168
- UC case management prevents interviews via video contact for “security reasons”
Comment 69
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“To facilitate the safe and timely release of unaccompanied children to sponsors or their family,
under proposed §410.1302(c)(11) ORR would require standard programs to assist with family
unification services designed to identify and verify relatives in the United States as well as in
foreign countries and assistance in obtaining legal guardianship when necessary for release of
the unaccompanied children.”
- Pg 101 2023-21168
- HHS has no ability to verify relationship as they accept identification up to 2 years expired
Comment 70
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“Under proposed §410.1302(c)(12), ORR would require standard programs to provide
unaccompanied children with information on legal services, including the availability of free
legal assistance, and that they may be represented by counsel at no expense to the
government; the right to a removal hearing before an immigration judge; the ability to apply
for asylum with United States Citizenship and Immigration Services (USCIS) in the first
instance; and the ability to request voluntary departure in lieu of removal.”
- Pg 101 2023-21168
- This would isolate much needed case information into protected class protocols.
- If the child doesn’t request asylum, the government cannot file for affirmative asylum nor
request defensive asylum. If the child doesn’t request an H1B visa, the government cannot
file for an H1B.
Comment 71
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“Finally, under proposed §410.1302(c)(13), ORR would require standard programs to provide
information about U.S. child labor laws and education around permissible work opportunities in
a manner that is sensitive to the age, culture and native language of each unaccompanied
child.”
- Pg 102 2023-21168
- HHS must provide all examples of how ORR informs unaccompanied children they’re
allowed to work. This may be fraudulently alerting the UCs the labor trafficking they face is
normal.
Comment 72
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“Under proposed §410.1302(e), standard programs would be required to develop a
comprehensive and realistic individual service plan for each unaccompanied child in
accordance with the child’s needs as determined by the individualized needs assessment.”
- Pg 102 2023-21168
- ORR is unable to complete this currently. Influx facilities with ill-trained contractors will be
unable to complete this.
Comment 73
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Section 410.1303 Reporting, Monitoring, Quality Control, and Recordkeeping Standards
“Under proposed §410.1303(a), ORR would monitor all care provider facilities for compliance
with the terms of the regulations in parts 410 and 411.”
- Pg 102 2023-21168
- ORR has demonstrated an inability to be the sole authority and must provide a full
accounting of all records with state oversight
Comment 74
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“Proposed §410.1303(d) describes monitoring of long-term home care and transitional home
care facilities. ORR proposes that long-term and transitional foster care homes be subject to
the same types of monitoring as other ORR care, but tailored to the foster care arrangement.”
- Pg 104 2023-21168
- ORR has demonstrated an inability to perform this function; the foster system has
demonstrated an inability to safeguard kids.
Comment 75
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“Under proposed §410.1303(f)(4), ORR is proposing that the existence of a report of a
significant incident may not be used by ORR as a basis for an unaccompanied child’s step up
to a restrictive placement or as the sole basis for a refusal to step a child down to a less
restrictive placement.”
- Pg 106 2023-21168
- This is extremely limiting for case managers; additionally, case managers have proven
themselves to be unable to perform basic functions due to inability and structure of the ORR
system
Comment 76
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“ORR notes that 45 CFR part 411, subpart G, requires reporting to ORR of any allegation,
suspicion, or knowledge of sexual abuse, sexual harassment, inappropriate sexual behavior,
and Staff Code of Conduct[105] violations occurring in ORR care, along with any retaliatory
actions resulting from reporting such incidents; ORR also notes that part 411 requires
compliance with required staff background checks at subpart B.”
- Pg 106-107 2023-21168
- ORR walked Tara Rodas off-site
- Further evidence that ORR has demonstrated their inability to perform basic functions of law
already in-place, therefore, have no understanding of the operating environment which they
are trying to codify into law without Congressional representation
Comment 77
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“Consistent with its statutory responsibilities, ORR proposes in §410.1303(g) that all care
provider facilities must develop, maintain, and safeguard the individual case file records of
unaccompanied children. The provisions in §410.1303(g) would apply to all care provider
facilities responsible for the care and custody of unaccompanied children, whether the
program is a standard program or not. ORR notes that under its current policies the records of
unaccompanied children generated in the course of post- release services (PRS) are not
always considered to be included in the individual case files of unaccompanied children.”
- Pg 108 2023-21168
- Since the majority of case work is performed by contractors, and due to the start/stop of
sites, this would lead to inconsistent record-keeping as has already been seen.
Comment 78
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“Under proposed §410.1303(g)(1), ORR would require care provider facilities and PRS
providers to maintain the confidentiality of case file records and protect them from
unauthorized use or disclosure. ORR also proposes in §410.1303(g)(2) that the records in
unaccompanied children’s case files are the property of ORR, whether in the possession of
ORR a care provider facility, or PRS provider, including those entities that receive funding from
ORR through cooperative agreements, and care provider facilities and PRS providers may not
release unaccompanied children’s case file records or information contained in the case files
for purposes other than program administration without prior approval from ORR.”
- Pg 108 2023-21168
- This removes any oversight over ORR. The proposed Ombudsmen is too small in stature to
be able to identify and enforce anything. Due to the UC Pathway’s structure, finding
patterns of activity regarding fraud and/or trafficking would be nearly impossible.
Comment 79
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“Further, under §410.1303(g)(3), ORR would require care provider facilities and PRS providers
to provide the case files of unaccompanied children to ORR immediately upon ORR’s request.”
- Pg 109 2023-21168
- ORR has demonstrated the necessity and method to retrieve information quickly, therefore,
can provide same information to additional oversight layers such as city, county, and state
law enforcement.
Comment 80
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“Under §410.1303(g)(4), ORR proposes that employees, former employees, or contractors of a
care provider facility or PRS provider must not disclose unaccompanied children’s case file
records or provide information about unaccompanied children, their sponsors, family or
household members to anyone except for purposes of program administration, without first
providing advance notice to ORR of the request, allowing ORR to ensure that disclosure of
unaccompanied children’s information is compatible with program goals and ensures the
safety and privacy of unaccompanied children.”
- Pg 109 2023-21168
- This is preemptive whistleblower retaliation
Comment 81
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“Finally, for purposes of facilitating efficient program administration, ORR policy is to preapprove certain limited disclosures by ORR grantees and contractors such as (1)
registration for school and for other routine educational purposes; (2) routine medical, dental,
or mental health treatment; (3) emergency medical care; (4) to obtain services for
unaccompanied children in accordance with ORR policies; and (5) pursuant to all available
whistleblower protection laws. This pre-approved disclosure policy allows ORR to protect the
privacy and safety of each unaccompanied child while also ensuring that certain routine and
emergency services and treatment are provided expeditiously without waiting for
approval from ORR.”
- Pg 110 2023-21168
- Abortion is a prioritized medical procedure and this would limit the UC and UC’s family from
their own records.
Comment 82
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Section 410.1304 Behavior Management and Prohibition on Seclusion and Restraint
“Under proposed §410.1304(a), care provider facilities must develop behavior
management strategies that include evidence-based, trauma-informed, and linguistically
responsive program rules and behavior management policies that take into consideration
the range of ages and maturity of unaccompanied children in the program and that are
culturally sensitive to the needs of each unaccompanied child. Examples of evidence-based
standards and approaches may include setting clear and healthy expectations and limits for
their behaviors and the behaviors of others, creating a healthy structured environment with
routines and schedules, utilizing positive reinforcement strategies and avoiding negative
reinforcement strategies, and fostering a supportive environment that encourages cooperation,
problem-solving, healthy de-escalation strategies, and positive behavioral management skills.”
- Pg 111 2023-21168
- ORR’s proposed policies would also limit UCs and their families to receive records of their
treatment.- This is a license for each site to develop their own standards to develop programs to
transition unaccompanied children. As previously stated: “With respect to the proposed
definition of “trauma-informed,” ORR believes that a trauma-informed approach to the care
and placement of unaccompanied children is essential to ensuring that the interests of
children are considered in decisions and actions relating to their care and custody.[54] ORR
understands trauma-informed system, standard, process, or practices consistently with the 6
Guidelines To A Trauma-Informed Approach developed by the Centers for Disease Control
and Prevention (CDC) in collaboration with the Substance Abuse and Mental Health Services
Administration (SAMHSA).”- Per SAMHSA:
- This infographic showcases SAMHSA’s principles of trauma-informed care, which can
guide practitioners and other groups working with individuals who are lesbian, gay,
bisexual, transgender, queer, questioning, or part of other sexual orientation or gender
identity minority groups (LGBTQ+). Tips include making services culturally relevant,
listening openly, and creating opportunities for LGBTQ+ clients to take the lead in their
treatment.
Comment 83
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“Under proposed §410.1304(b), involvement of law enforcement would be a last resort
and a call by a care provider facility to law enforcement may trigger an evaluation of staff
involved regarding their qualifications and training in trauma-informed, de-escalation
techniques. ORR notes that calls to law enforcement are not considered a behavior
management strategy, and care provider facilities are expected to apply other means to deescalate concerning behavior. But in some cases, such as emergencies or where the safety of
unaccompanied children or staff are at issue, care provider facilities may need to call 9–1–1.
ORR also notes that proposed §410.1302(f) describes requirements for care provider
facilities regarding the sharing of information about unaccompanied children.”
- Pg 112 2023-21168
- This prevents local law enforcement being able to investigate trafficking concerns.
Comment 84
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Section 410.1305 Staff, Training, and Case Manager Standards
“Under proposed §410.1305(a), ORR would require that standard programs, restrictive
placements, and post-release service providers, must provide training to all staff, contractors,
and volunteers; and that training ensures that staff, contractors, and volunteers understand
their obligations under ORR regulations and policies and are responsive to the challenges
faced by staff and unaccompanied children at the facility. ORR anticipates that examples of
training topics under this proposed paragraph would include the rights of unaccompanied
children, including to educational services, creating bias free environments, supporting children
with disabilities, supporting the mental health needs of unaccompanied children, trauma, child
development, prevention of sexual abuse, the identification of victims of human trafficking,
and racial and cultural sensitivity.”
- Pg 114 2023-21168
- ORR has demonstrated an inability and unwillingness to identify human trafficking, such as
releasing children to sponsors prior to Office of Trafficking In Persons responds.
Comment 85
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Section 410.1306 Language Access Services
ORR has nothing listed to record conversations and/or interviews and no utilization of AItechnology to verify accuracy of non-English and English conversations and/or interviews.
Additionally, per Field Guidance 22:
- Virtual interpreters don’t need background checks
- 3rd party interpreters
- Conduct their own background checks
- Do not need to sign Interpreter Agreement
- An interpreter company may sign on behalf of all their interpreters
Comment 86
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Section 410.1307 Healthcare Services
ORR prioritizes the transfer of UCs to states with least restrictions on abortions. For
counseling services, ORR enlists the services of Planned Parenthood and other groups. If the
UC denies an abortion, ORR and services follow-up with more information on the
consequences of having a child. If UC agrees to abortion, an appointment is made
immediately. No religious services are offered to counsel pregnant UC. If pregnant UC is
about to be released to sponsor without scheduled abortion performed, the Federal Field
Specialist gets involved.
- ORR has demonstrated an inability to provide unbiased medical opinions
- Pgs 122-127 2023-21168
Comment 87
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Section 410.1308 Child Advocates
“ORR proposes, at §410.1308, to codify standards and requirements relating to the
appointment of independent child advocates for child trafficking victims and other vulnerable
unaccompanied children (see particularly statement at proposed §410.1308(a).”
- Pg 127 2023-21168
- ORR releases UCs to sponsors prior to response from Office of Trafficking In Persons. ORR
has demonstrated an inability and unwillingness to prevent child trafficking, therefore, this
entire section is mute.
Comment 88
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Section 410.1310 Psychotropic Medications
ORR has demonstrated an inability and unwillingness to monitor, record, and report the
patterns and trends of assessing UCs needing psychotropic medications nor the market
interactions/fulfillments of medicating the children.
Comment 89
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Subpart E—Transportation of an Unaccompanied Child
ORR and its contractors have demonstrated an inability and unwillingness to detect and
identify trafficking, as made known by whistleblower Carlos Arellanos.
Comment 90
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Section 410.1501 Data on Unaccompanied Children
ORR and its contractors have demonstrated an inability and unwillingness to be the sole
custodian of active and historical case information.
Comment 91
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Section 410.1703 Information Used as Evidence To Conduct Age Determinations
“Under proposed §410.1703(b), ORR may consider information or documentation to make an
age determination, including but not limited to: (1) birth certificate, including a certified copy,
photocopy, or facsimile copy if there is no acceptable original birth certificate and proposes
that ORR may consult with the consulate or embassy of the individual’s country of birth to
verify the validity of the birth certificate presented; (2) authentic government-issued documents
issued to the bearer; (3) other documentation, such as baptismal certificates, school records,
and medical records, which indicate an individual’s date of birth; (4) sworn affidavits from
parents or other relatives as to the individual’s age or birth date; (5) statements provided by the
individual regarding the individual’s age or birth date; (6) statements from parents or legal
guardians; (7) statements from other persons apprehended with the individual; and (8) medical
age assessments, which should not be used as a sole determining factor but only in concert
with other factors.”
- Pg 154 2023-21168
- ORR will accept copies which remove all security features and unverified documents
Comment 92
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Subpart I—Emergency and Influx Operations
At Pomana Influx Site, ORR performed zero home studies for 8,000+ children in less than six
months. ORR and its contractors have demonstrated an inability and unwillingness to detect
and identify human trafficking.
- Pg 155 2023-21168
- Example:
- (Pg 164, 2023-21168) Section 410.1802 Placement Standards for Emergency or Influx
Facilities:- Under proposed §410.1802(a), ORR would require that, to the extent feasible,
unaccompanied children who are placed in an emergency or influx facility meet all of the
following criteria: the child (1) is expected to be released to a sponsor within 30 days; (2)
is age 13 or older; (3) speaks English or Spanish as their preferred language; (4) does not
have a known disability or other mental health or medical issue or dental issue requiring
additional evaluation, treatment, or monitoring by a healthcare provider; (5) is not a
pregnant or parenting teen; (6) would not have a diminution of legal services as a result
of the transfer to an unlicensed facility; and (7) is not a danger to themselves or to others
(including not having been charged with or convicted of a criminal offense).- (1) ORR cannot over for over 100,000 children
- (2) ORR cannot verify ages given ORR procedure on appropriate documentation
- (4) ORR is unable to accurately make this assessment
Comment 93
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Section 410.1903 Risk Determination Hearings
“ORR is proposing to establish a process for providing notifications and receiving requests
related to risk determination hearings. Under proposed §410.1903(a)(1), ORR would require
that requests under this section be made in writing by the unaccompanied child, their attorney
of record, or their parent or legal guardian by submitting a form provided by ORR to the care
provider facility or by making a separate written request that contains the information
requested in ORR’s form.”
- Pg 172 2023-21168
- ORR has demonstrated an inability and unwillingness to properly identify UCs and/or family
members, and, an inability and unwillingness to demonstrate veracity of physical presence
of all parties subject to this proposal.
Comment 94
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Section 410.1903 Risk Determination Hearings
“ORR proposes establishing an independent ombuds office that would promote important
protections for all children in ORR care. An ombuds office to address unaccompanied
children’s issues does not currently exist, and ORR believes that the creation of an ombuds
office would advance its duty to “ensur[e] that the interests of the child are considered in
decisions and actions relating to the care and custody of an unaccompanied alien child.”
- Pg 176 2023-21168
- ORR has demonstrated an inability and unwillingness to be held accountable to the
trafficked children, and this entire section would serve as a Catch 22 to codify into law that
ORR is not to be held responsible for trafficked children.
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