Children in the custody of the Office of Refugee Resettlement (ORR) have legal rights related to access to counsel and child advocates. This guide is designed to explain your clients’ rights to meaningfully access counsel and child advocate support and what source of law undergird these rights.

Your client has legal rights related to counsel and child advocate support under the following:

• Statutes

• Homeland Security Act, 6 U.S.C. § 279

• Trafficking Victims Protection Reauthorization Act (TVPRA), 8 U.S.C. § 1232(c)

• Immigration and Nationality Act, 8 U.S.C. § 1362

• Regulations

• 45 C.F.R. § 410.1000, et seq. (ORR Foundational Rule)

• Court Orders

• Lucas R. Access to Counsel Settlement (“Access to Counsel Settlement”)

• Lucas R. Disability Claim Settlement (“Disability Settlement”) (to be implemented by 05/03/25)

• Lucas R. Psychotropic Medications Settlement (“Psych Meds Settlement”) (rolling implementation)

This page is designed to provide information to you so that you may determine what rights your clients may have and to connect you to relevant resources. This page does not, and is not intended to, constitute legal advice of any kind, including in a particular case. Examples used throughout the guide are intended to illustrate possible fact scenarios for unaccompanied children.