On March 1, 2003, the Homeland Security Act of 2002, Section 462, transferred responsibilities for the care and placement of unaccompanied alien children from the Commissioner of the Immigration and Naturalization Service to the Director of the Office of Refugee Resettlement (ORR).
Since then, ORR has cared for thousands of children, incorporating child welfare values as well as the principles and provisions established by the Flores Agreement in 1997, the Trafficking Victims Protection Act of 2000 and its reauthorization acts, the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) of 2005 and 2008.
Legal Background and Authority
Legislation
- Homeland Security Act of 2002 (PDF)
- Trafficking Victims Protection Reauthorization Act of 2008 (PDF)
- Title XII of the Violence Against Women Reauthorization Act of 2013 (PDF) (amending the Trafficking Victims Protection Reauthorization Act of 2008)
Regulations
Settlement Agreements
- Flores Settlement Agreement (PDF)
- Saravia — Class Settlement Agreement (PDF)
- Ms. L. v. ICE Settlement Agreement (PDF)
- What You Need to Know If You Were Separated from Your Child(ren) at the United States Border (PDF) | Español (PDF)— This document is provided by DHS to parents/legal guardians separated from their children.
- What You Need to Know If You Were Separated from Your Parent or Legal Guardian at the United States Border (PDF) | Español (PDF) — This document is provided by DHS to children separated from their parents/legal guardians.
- Housing Support to Ms. L. Settlement Class Members | Español
Three Settlement Agreements in Lucas R. v. Becerra
- Lucas R. v. Becerra Psychotropic Medications Settlement Agreement (PDF)
- Public Report on the Administration of Psychotropic Medication to Children in ORR Custody from November 2024 to April 2025 (PDF)
- Public Report on the Administration of Psychotropic Medication to Children in ORR Custody from May to September 2024 (PDF)
- Implementation Plan for the Lucas R. Psychotropic Medication Settlement Agreement (PDF)
- Public Report on the Administration of Psychotropic Medication to Children in ORR Custody from May 2025 to October 2025 (PDF)
- Lucas R. v. Becerra Disabilities Settlement Agreement (PDF)
- Lucas R. v. Becerra Legal Services Settlement Agreement (PDF)
Unaccompanied Alien Children Bureau Policy Guide
Describes policies for the placement, timely release, and care of unaccompanied alien children in ORR custody.
Unaccompanied Alien Children Bureau Field Guidance
Addresses emergency or short-term policy goals and is read either to modify or supplement ORR's generally applicable policies and procedures.
Policy Memorandum (PDF — 247.97 KB)
Medical Services Requiring Heightened ORR Involvement