Legal Services
All unaccompanied alien children receive the following legal information:
- Mandated “Know Your Rights” workshop
- Pro bono legal service provider lists
- Notification of Special Immigrant Juvenile Status eligibility guidelines
Information about legal services is also maintained and provided upon release.
Under the Trafficking Victims Protection Reauthorization Act of 2008, the Department of Health and Human Services (HHS) is required to arrange for legal representation for unaccompanied alien children to the greatest extent practicable, but the law specifically acknowledges that HHS has no obligation to pay for counsel.
ORR provides funding for a legal services provider to give “Know Your Rights” presentation and a legal screening to all unaccompanied alien children in ORR custody. A screening determines the unaccompanied alien children’s potential eligibility for immigration relief. The contractor provides direct representation for unaccompanied alien children in ORR short-term custody while they await reunification with a sponsor. Direct representation is also provided for unaccompanied alien children in ORR’s long-term care programs, certain categories of unaccompanied alien children reunified with a vetted sponsor, unaccompanied alien children seeking voluntary departure or a removal order and unaccompanied alien children who are without reunification options.
Education and Recreation
Education Services
ORR provides educational services appropriate to each unaccompanied alien child's level of development, communications skills, and, if applicable, any disability, in a structured classroom setting, Monday through Friday. These educational services focus on the development of basic academic competencies and on English Language Training (ELT), as well as acculturation and life skills development.
When unaccompanied alien children are released to an appropriate sponsor, while awaiting immigration proceedings, they have a right—just like other children living in their community—to attend local schools regardless of their or their sponsors’ actual or perceived immigration or citizenship status. State laws also require children to attend school up to a certain age. Fact Sheet: Protecting Access to Education for Unaccompanied Alien Children⯠(PDF).
Read more aboutâ¯academic and vocational education servicesâ¯provided by ORR.
Cultural, Language and Religious Observation
Unaccompanied alien children entering ORR custody come from many cultures, practices, languages, and beliefs. Care providers must have the cultural awareness and systems in place to support the cultural identity and needs of each unaccompanied alien child. Additionally, care providers must make every effort possible to provide comprehensive services and literature in the native language of each unaccompanied alien child; provide on-site staff or interpreters as needed; and allow unaccompanied alien children to communicate in their preferred language when they choose. Care providers must also provide opportunities for unaccompanied alien children to observe and practice their spiritual or religious beliefs.
Recreation Services
Care providers must develop plans for recreation and leisure that include daily outdoor activities for unaccompanied alien children in their care. Plans should include at least one hour per day of large muscle activity and one hour per day (three hours per day on weekends or holidays) of structured leisure time activities other than watching television. For arts and crafts, care providers shall ensure that art supplies are available during leisure time.