CLASP Comments on the Unaccompanied Children Program Foundational Rule
CLASP submitted a comment in response to a new rule issued by the Office of Refugee Resettlement (ORR) 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. 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. 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. Without sponsors, children face prolonged detention and separation from loved ones. We urge ORR to rescind this rule and to act in the best interests of children in their custody, prioritizing family reunification as quickly and safely as possible.