A child with a disability in the custody of the Office of Refugee Resettlement (ORR) is entitled to be free from discrimination based on disability, receive reasonable modifications and additional services needed to accommodate their disability, be placed in the least restrictive and most integrated setting appropriate to their needs, and receive an equal opportunity at prompt release.

Despite these entitlements, all too often children with disabilities experience discrimination, including but not limited to ORR or the care provider: (1) failing to provide the services and reasonable modifications a child needs; (2) treating a child with a disability less well than other children in the program (e.g. limiting participation in activities); (3) placing a child in a more restrictive setting because of their disability-related behavior; (4) denying placement in foster care or the Unaccompanied Refugee Minor program because of the child’s disability; or (5) unnecessarily delaying release to a sponsor.

If your client is facing discrimination because of their disability, they have legal rights under the following:

Statutes

• Section 504 of the Rehabilitation Act, 29 U.S.C. § 794 (applicable to ORR and its care providers)

• Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (applicable to ORR care providers)

Regulations

• 45 C.F.R. § 85.1, et seq. (Sec. 504 regulations applicable to ORR)

• 45 C.F.R. § 84.1, et seq. (Sec. 504 regulations applicable to recipients of ORR funding).

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

Court Orders

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

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.