All children in the custody of the Office of Refugee Resettlement (ORR) are entitled to release from custody without unnecessary delay, subject to an assessment of sponsor suitability and the need to protect the child’s safety or that of others. Children seeking release to parents, legal guardians, or other close relatives have additional due process protections, including timelines for deciding sponsorship applications, notice requirements, and an opportunity for sponsors to appeal the denial of their sponsorship application.

If your client is facing obstacles to prompt release, 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 *24-28 (C.D. Cal. March 11, 2022); see also J.E.C.M. by & through Saravia v. Marcos, 689 F. Supp. 3d 180, 194-95 (E.D. Va. 2023); Maldonado v. Lloyd, No. 18-CV-3089, 2018 WL 2089348, at *6-10 (S.D.N.Y. May 4, 2018); Santos v. Smith, 260 F. Supp. 3d 598, 611-15 (W.D. Va. 2017); Beltran v. Cardall, 222 F. Supp. 3d 476, 489 (E.D. Va. 2016).

Statutes

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

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

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)

This page is designed to inform you of what rights your clients have and connect you to relevant resources. This page does not, and is not intended to, constitute legal advice in a particular case.