Before an unaccompanied child in the custody of the Office of Refugee Resettlement (ORR) is placed in a secure juvenile detention facility, a residential treatment center, or a heightened supervision facility, ORR must have clear and convincing evidence to justify the placement. The child, as well as their child advocate and attorney, are entitled to detailed notice of the reasons for their restrictive placement and the child must be afforded a prompt opportunity to challenge the placement.

If your client is placed in a restrictive setting while in ORR custody, they have legal rights under the following:

U.S. Constitution

Due Process Clause of the Fifth Amendment

• See Lucas R. v. Becerra, No. 18-CV-5741, 2022 WL 2177454, at *13-23 (C.D. Cal. March 11, 2022).

Statutes

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

Regulations

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

Court Orders

• Order Granting Declaratory Judgment, Lucas R. v. Becerra, No. 18-CV-5741, ECF 447 (C.D. Cal. Sept. 16, 2024)

• Flores Settlement Agreement (“Flores Settlement”) (partially terminated as to HHS but still in effect as to children in restrictive and out-of-network placements)

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.