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Welcome To The National Compadres Network

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Homepage: Revolution Slider - Welcome To The National Compadres Network

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To all our friends and relatives, Unfortunately, the current attacks on the Asian-American community are not new, but they are just now being recognized by the broader community. The attacks on our Asian community, elders, brothers, and sisters MUST STOP! The National Compadres Network (NCN) recognizes that the racial animus that influences these attacks are [...]

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The Young Center is a champion for the rights and best interests of unaccompanied immigrant children, making sure that wherever they land, whether here in the U.S. or in their home country, they are safe.

Unaccompanied children who are fleeing violence, trafficking, abuse and extreme poverty.

They are all alone.

For the safety and well-being of each child, while they're detained and throughout deportation proceedings-every step of the way.

For the creation of an immigration system that serves children.

The Young Center for Immigrant Children's Rights pays tribute to the children we serve by naming the organization after one of our first clients, Young Zheng, a young man from China who was smuggled by ruthless traffickers at the age of 14, and expected to work off a debt of $65,000.

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The Young Center is a champion for the rights and best interests of unaccompanied immigrant children, making sure that wherever they land, they are safe.

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Welcome To The National Compadres Network

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Homepage: Revolution Slider - Welcome To The National Compadres Network

# data[].attributes.attachment_link.description
To all our friends and relatives, Unfortunately, the current attacks on the Asian-American community are not new, but they are just now being recognized by the broader community. The attacks on our Asian community, elders, brothers, and sisters MUST STOP! The National Compadres Network (NCN) recognizes that the racial animus that influences these attacks are [...]

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This article is for English Learner (EL) teachers. Let me start by saying this article will likely be controversial! I, Laura Gardner of Immigrant Connections, am putting on my social work hat for you and hopefully it will be helpful.

Do you refer to the EL and immigrant students in your school as "your" students? Does everyone in your building (brick and mortar or virtual) come to you for every single need related to "your" ELs and their families? Congratulations! You've made yourself well-known....and are simultaneously bulldozing boundaries, heading towards burnout, and ultimately doing a disservice to the EL and immigrant students and families in your school.

Let's back up a minute and outline some of these red flags. You know you are an EL teacher with boundary issues when:

1. Everyone in your school comes to you for everything related to "your" ELs and their families, including calling home for any reason (whether you speak that family's language or not), interpreting for other staff members, locating community resources, handling discipline situations, and so on.

2. You pride yourself on taking care of ALL of "your" EL students/families' issues or concerns.

3. You find yourself not able to focus on your students' instruction because you're constantly getting pulled into any and all situations with "your" EL students or their families.

4. You start to think that no one can solve "your" students' and families' problems as well as you can!

5. You worry about what will happen if you leave your school or retire because who else will help "your" students?

6. Your gut says "No, not again!" to a request from a colleague or parent but you say to yourself "One more time can't hurt."

7. You realize that that you are afraid that your colleagues, students, or their families won't like you or might be angry if you don't meet all their expectations or solve all their problems.

8. You catch yourself thinking, "It feels good to be needed."

9. You spend a lot of your time at home thinking about "your" EL students and families and their needs. You feel their sense of urgency as your own and feel guilty if you don't help them with everything, no matter how many hours it takes.

10. Your own relationships (family, friends, etc.) are suffering because of the time and emotional attention given to "your" students and families at school.

I know what you're thinking: "I HAVE to do these things because no one else will!" This may be true, to some extent. To be sure, there are other factors that lead to your lack of boundaries. Administration is a big one. If your principal doesn't have a lot of experience with working with ELs and immigrants or knowledge of best practices on engaging diverse families, they will likely inappropriately use you. It's a tough spot to be in. In addition, if your district lacks an overall infrastructure for supporting EL and immigrant students and families, it will be much more difficult to focus on your role and keep healthy boundaries. For example, does your district have an interpretation/translation office or at least a contract with an OPI (over the phone interpretation) provider? A family engagement office that provides teachers with training on how to communicate and partner with families? Counselors and/or school social workers who have been trained on the needs of EL and immigrant students and families?

Another thought you're probably having is: "You're faulting me for caring?! Not to mention in a pandemic?!" I get it. We're educators. We're in this job because we care and I'm sure that most of us can identify with some of the items above. But without setting some boundaries, you will burn out, there's no doubt about it. We know that teachers burn out at a higher rate than many other professions, not to mention that most studies on the topic were pre-pandemic. Much of the talk around self-care ends up being about trivial things like booking a massage, which is fine of course, but real self-care comes down to setting boundaries.

And you, my EL teacher colleagues, need to reflect on the role you play in this over-doing-it, lack-of-boundaries, martyr situation going on here. Whether you believe it or not, you have the power to set some boundaries and by saying "no" more, you will likely see other people and departments stepping up their game. A great article on this is How to Set Boundaries as a Teacher and Why it's so Important (apologies for selecting an article with so many ads, but it's good, so skip over them and read to the end). For those in helping professions, this journey of setting boundaries and self-care is hard! Be sure to enlist the help of a therapist, life coach, or whatever other support you need. Also, check to see if your school district has an Employee Assistance Program.

In addition, you may have noticed that I mentioned above how you could actually be doing a disservice to the EL and immigrant students and families in your school. How could that possibly be? By saying "no" to various things, how could EL students/families actually benefit?

Let's take a look at a few examples:

1. Family engagement: You've often agreed to make phone calls home for the classroom teacher and others. By doing so, the parents of EL students have only one relationship with anyone in the school: you. Yet, it's important for parents to have relationships with all of their child's teachers!

Instead: With support from your administrators, train teachers on how to use whatever tools your district has in place (phone interpretation, TalkingPoints, etc.) so they can connect with parents themselves.

EL students/families benefit: EL families slowly begin to build relationships with their children's teachers and can engage in partnerships more directly. EL students benefit because their parents are now more connected with their teacher and because you, their EL teacher, now have time to focus on their instruction.

You (EL teacher) benefit: You now have more time to focus on instruction and overall better boundaries so you don't burn out.

2. Interpretation: You speak Spanish "well enough" and are regularly called on to help with language barriers between students/families and other educators at your school. Yet, you've never received any training on how to interpret, nor had your language abilities assessed.

Instead: Discuss with administrators that this is in violation of the federal governments' 2015 guidance, kindly state that you will no longer be able to interpret in these situations, and clarify your role in the building. With their support and/or central office support, train teachers on how to use whatever tools for interpretation/translation your district has in place (phone interpretation, TalkingPoints, etc.)

EL students/families benefit: EL families will get an accurate interpretation, which they are legally entitled to. (This may not happen overnight, but by saying "no" to interpreting, the school and district will have to come up with an alternative plan.)

You (EL teacher) benefit: You now won't be put in a risky situation that could lead to an OCR complaint. You will also have more time to focus on instruction and overall better boundaries so you don't burn out.

3. Socio-emotional needs: The EL students and families in your school have a lot of socio-emotional needs. You regularly find yourself attempting to be their social worker, including helping them with some really delicate situations involving immigration, domestic violence, and more.

Instead: Consistently refer to your school counselor, social worker, or psychologist. If these individuals lack the skill sets to properly work with EL/immigrant students and families, you may point them in the right direction of any appropriate community resources you're aware of. Then advocate with administrators for their professional development and the need for capacity building in this area.

EL students/families benefit: In some communities, there are resources that only a school counselor or social worker can access. For example, in communities that operate from a systems of care model or any kind of streamlined approach that relies on referrals from social workers. Ultimately, school counselors and social workers will be most knowledable about social service systems in the community and how to access them. Therefore, EL students and families will benefit by connecting with those who can most help them access those systems.

You (EL teacher) benefit: You won't be held liable for how you responded to situations that weren't in your wheelhouse, such as a suicidal student or parent or student/family in a domestic violence situation. In addition, you will also have more time to focus on instruction and overall better boundaries so you don't burn out.

As a former central office administrator, I will leave you with this. Until you say "no" to some of these roles and responsibilities you've managed to acquire, nothing will ever change. No administrator will ever hire additional staff and/or provide current staff with additional professional development on working with EL students and families if you always take care of everything. Clarify your role, establish your boundaries, say "no" more often, and focus any extra time and energy on building the capacity of fellow educators and systems. It may take time for things to shift but this will ultimately help your EL students and families AND reduce your chances of burning out.

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This article is for English Learner (EL) teachers. Let me start by saying this article will likely be controversial! I, Laura Gardner of Immigrant Connections, am putting on my social work hat for you and hopefully it will be helpful.

Do you refer to the EL and immigrant students in your school as "your" students? Does everyone in your building (brick and mortar or virtual) come to you for every single need related to "your" ELs and their families? Congratulations! You've made yourself well-known....and are simultaneously bulldozing boundaries, heading towards burnout, and ultimately doing a disservice to the EL and immigrant students and families in your school.

Let's back up a minute and outline some of these red flags. You know you are an EL teacher with boundary issues when:

1. Everyone in your school comes to you for everything related to "your" ELs and their families, including calling home for any reason (whether you speak that family's language or not), interpreting for other staff members, locating community resources, handling discipline situations, and so on.

2. You pride yourself on taking care of ALL of "your" EL students/families' issues or concerns.

3. You find yourself not able to focus on your students' instruction because you're constantly getting pulled into any and all situations with "your" EL students or their families.

4. You start to think that no one can solve "your" students' and families' problems as well as you can!

5. You worry about what will happen if you leave your school or retire because who else will help "your" students?

6. Your gut says "No, not again!" to a request from a colleague or parent but you say to yourself "One more time can't hurt."

7. You realize that that you are afraid that your colleagues, students, or their families won't like you or might be angry if you don't meet all their expectations or solve all their problems.

8. You catch yourself thinking, "It feels good to be needed."

9. You spend a lot of your time at home thinking about "your" EL students and families and their needs. You feel their sense of urgency as your own and feel guilty if you don't help them with everything, no matter how many hours it takes.

10. Your own relationships (family, friends, etc.) are suffering because of the time and emotional attention given to "your" students and families at school.

I know what you're thinking: "I HAVE to do these things because no one else will!" This may be true, to some extent. To be sure, there are other factors that lead to your lack of boundaries. Administration is a big one. If your principal doesn't have a lot of experience with working with ELs and immigrants or knowledge of best practices on engaging diverse families, they will likely inappropriately use you. It's a tough spot to be in. In addition, if your district lacks an overall infrastructure for supporting EL and immigrant students and families, it will be much more difficult to focus on your role and keep healthy boundaries. For example, does your district have an interpretation/translation office or at least a contract with an OPI (over the phone interpretation) provider? A family engagement office that provides teachers with training on how to communicate and partner with families? Counselors and/or school social workers who have been trained on the needs of EL and immigrant students and families?

Another thought you're probably having is: "You're faulting me for caring?! Not to mention in a pandemic?!" I get it. We're educators. We're in this job because we care and I'm sure that most of us can identify with some of the items above. But without setting some boundaries, you will burn out, there's no doubt about it. We know that teachers burn out at a higher rate than many other professions, not to mention that most studies on the topic were pre-pandemic. Much of the talk around self-care ends up being about trivial things like booking a massage, which is fine of course, but real self-care comes down to setting boundaries.

And you, my EL teacher colleagues, need to reflect on the role you play in this over-doing-it, lack-of-boundaries, martyr situation going on here. Whether you believe it or not, you have the power to set some boundaries and by saying "no" more, you will likely see other people and departments stepping up their game. A great article on this is How to Set Boundaries as a Teacher and Why it's so Important (apologies for selecting an article with so many ads, but it's good, so skip over them and read to the end). For those in helping professions, this journey of setting boundaries and self-care is hard! Be sure to enlist the help of a therapist, life coach, or whatever other support you need. Also, check to see if your school district has an Employee Assistance Program.

In addition, you may have noticed that I mentioned above how you could actually be doing a disservice to the EL and immigrant students and families in your school. How could that possibly be? By saying "no" to various things, how could EL students/families actually benefit?

Let's take a look at a few examples:

1. Family engagement: You've often agreed to make phone calls home for the classroom teacher and others. By doing so, the parents of EL students have only one relationship with anyone in the school: you. Yet, it's important for parents to have relationships with all of their child's teachers!

Instead: With support from your administrators, train teachers on how to use whatever tools your district has in place (phone interpretation, TalkingPoints, etc.) so they can connect with parents themselves.

EL students/families benefit: EL families slowly begin to build relationships with their children's teachers and can engage in partnerships more directly. EL students benefit because their parents are now more connected with their teacher and because you, their EL teacher, now have time to focus on their instruction.

You (EL teacher) benefit: You now have more time to focus on instruction and overall better boundaries so you don't burn out.

2. Interpretation: You speak Spanish "well enough" and are regularly called on to help with language barriers between students/families and other educators at your school. Yet, you've never received any training on how to interpret, nor had your language abilities assessed.

Instead: Discuss with administrators that this is in violation of the federal governments' 2015 guidance, kindly state that you will no longer be able to interpret in these situations, and clarify your role in the building. With their support and/or central office support, train teachers on how to use whatever tools for interpretation/translation your district has in place (phone interpretation, TalkingPoints, etc.)

EL students/families benefit: EL families will get an accurate interpretation, which they are legally entitled to. (This may not happen overnight, but by saying "no" to interpreting, the school and district will have to come up with an alternative plan.)

You (EL teacher) benefit: You now won't be put in a risky situation that could lead to an OCR complaint. You will also have more time to focus on instruction and overall better boundaries so you don't burn out.

3. Socio-emotional needs: The EL students and families in your school have a lot of socio-emotional needs. You regularly find yourself attempting to be their social worker, including helping them with some really delicate situations involving immigration, domestic violence, and more.

Instead: Consistently refer to your school counselor, social worker, or psychologist. If these individuals lack the skill sets to properly work with EL/immigrant students and families, you may point them in the right direction of any appropriate community resources you're aware of. Then advocate with administrators for their professional development and the need for capacity building in this area.

EL students/families benefit: In some communities, there are resources that only a school counselor or social worker can access. For example, in communities that operate from a systems of care model or any kind of streamlined approach that relies on referrals from social workers. Ultimately, school counselors and social workers will be most knowledable about social service systems in the community and how to access them. Therefore, EL students and families will benefit by connecting with those who can most help them access those systems.

You (EL teacher) benefit: You won't be held liable for how you responded to situations that weren't in your wheelhouse, such as a suicidal student or parent or student/family in a domestic violence situation. In addition, you will also have more time to focus on instruction and overall better boundaries so you don't burn out.

As a former central office administrator, I will leave you with this. Until you say "no" to some of these roles and responsibilities you've managed to acquire, nothing will ever change. No administrator will ever hire additional staff and/or provide current staff with additional professional development on working with EL students and families if you always take care of everything. Clarify your role, establish your boundaries, say "no" more often, and focus any extra time and energy on building the capacity of fellow educators and systems. It may take time for things to shift but this will ultimately help your EL students and families AND reduce your chances of burning out.

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English Learner (EL) Teachers & Setting Boundaries

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This article is for English Learner (EL) teachers. Let me start by saying this article will likely be controversial! I, Laura Gardner of Immigrant Connections, am putting on my social work hat for you and hopefully it will be helpful. Do you refer to the EL and immigrant students in your school as "your" students?

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A systematic review of socio-ecological factors contributing to risk and protection of the mental health of refugee children and adolescents.pdf

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Refugee and Immigrant Core Stressors Toolkit

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Meeting the Educational Needs of Unaccompanied Children

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Providers across the country have expressed interest in serving unaccompanied children, but it’s important to understand the ways in which service delivery differs from domestic foster and shelter care. Education is one of these key differences. Unaccompanied children in short-term shelter care or transitional foster care are not enrolled in public schools, but they still have a right to access meaningful educational opportunities. What education obligations do licensed providers in the Office of Refugee Resettlement (ORR) network have to unaccompanied children?

If you are a provider who would like to join in this work as aligned with your capacity and expertise, but you have questions and need to learn more about what it means to contract directly with ORR and serve unaccompanied children, this webinar is for you. Participants considering providing UC care through ORR will learn general information about educational assessment and schooling requirements and have an opportunity to ask clarifying questions of current ORR-contracted UC providers. There will be ongoing opportunities to access technical assistance after this webinar.

Panelists:

Sarah Schnautz, TFC Educational Coordinator, Bethany Christian Services

J. Alesia Brand, Program Director-Caminos West, Board of Child Care

Lorie Davidson, Director for Children and Family Services, Lutheran Immigration and Refugee Service (LIRS)

Moderator:

Lisette Burton, Chief Policy & Practice Advisor, ACRC

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is a Maya organization whose purpose is to promote, preserve, and transmit the cosmovision and worldview, culture, history, and contributions of our ancestors and the values of our traditional knowledge and stewardship of the earth into solutions and actions against current threats and violations affecting our peoples, the earth, and humanity. We are committed to creating a permanent link between our contemporary world and ancestral traditions, respecting the diversity of our Nation while building a shared vision with our peoples, and working closely with other indigenous peoples, organizations, and allies who support our beliefs and values.
Mayan League Board

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is a Maya organization whose purpose is to promote, preserve, and transmit the cosmovision and worldview, culture, history, and contributions of our ancestors and the values of our traditional knowledge and stewardship of the earth into solutions and actions against current threats and violations affecting our peoples, the earth, and humanity.

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The following table shows county-level data for unaccompanied children released to sponsors by the counties/county equivalents where the sponsors live, where 50 or more children have been released for FY2021 (since October 1, 2020) as of March 31, 2021. This data covers 77 counties and county equivalents nationwide and comprises 11,002 of the 17,154 total children released to sponsors in this period. ACF will update this data each month. See the state-by-state data.

For more information, please read ORR's reunification policy.

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Unaccompanied Children Released to Sponsors by County

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The following table shows county-level data for unaccompanied children released to sponsors by the counties/county equivalents where the sponsors live, where 50 or more children have been released for FY2021 (since October 1, 2020) as of March 31, 2021.

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At the Catholic Legal Immigration Network, Inc., we're proud to work with passionate advocates who take up the cause of helping immigrants every day. We currently have over 390 affiliates across 49 states and the District of Columbia, fulfilling this important need.

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The Office of Refugee Resettlement (ORR) has policies and procedures in place to ensure unaccompanied alien children in ORR care are released in a safe, efficient, and timely manner. ORR's policies require the release of unaccompanied alien children to parents, guardians, relatives, or individuals designed by the child's parents, referred to as "sponsors." Safe and timely release (also known as "family reunification") must promote public safety and ensure that sponsors are able to provide for the physical and mental well-being of children.

ORR evaluates potential sponsors' ability to provide for the child's physical and mental well-being, as required by law. ORR also protects children from smugglers, traffickers, or others who might seek to victimize or otherwise engage the child in criminal, harmful or exploitative activity. The process for the safe and timely release of an unaccompanied alien child from ORR custody involves several steps, including: the identification of sponsors; sponsor application; interviews; the assessment (evaluation) of sponsor suitability, including verification of the sponsor's identity and relationship to the child (if any), background checks, and in some cases home studies; and post-release planning.
Revised 6/18/19
2.2 Sponsor Application Process

ORR begins the process of finding family members and others who may be qualified to care for an unaccompanied alien child as soon as the child enters ORR's care. Parents, relatives, or close family friends may apply to have the child released to their care.
Revised 6/18/19
2.2.1 Identification of Qualified Sponsors

The ORR care provider, the ORR funded facility that cares for the child, interviews the child as well as parents (see the section below on how ORR confirms relationship with child), legal guardians, and/or family members to identify qualified custodians ("sponsors"). If a child is either too young or there are other factors that prohibit the care provider from obtaining potential sponsor information from the unaccompanied alien child, the care provider may seek assistance from the child's consulate in collaboration with the ORR Federal Field Specialist (ORR/FFS) or from a reputable family tracing organization. Finding a sponsor for the child is an ongoing process that continues during the unaccompanied alien child's stay in ORR care and custody in the event that the primary potential sponsor or primary release plan is not approved.

ORR releases children to a sponsor in the following order of preference:¹ parent; legal guardian; an adult relative (brother, sister, aunt, uncle, grandparent or first cousin); an adult individual or entity designated by the parent or legal guardian (through a signed declaration or other document that ORR determines is sufficient to establish the signatory's parental/guardian relationship); a licensed program willing to accept legal custody; or an adult individual or entity seeking custody when it appears that there is no other likely alternative to long term ORR care and custody. ORR has grouped UAC cases into the following categories.²

Category 1: Parent or legal guardian (This includes qualifying step-parents that have legal or joint custody of the child or teen)

Category 2A: An immediate relative--a brother; sister; grandparent or other close relatives (aunt, uncle, first cousin) who previously served as the UAC's primary caregiver. (This includes biological relatives, relatives through legal marriage, and half-siblings).

Category 2B: An immediate relative-- including aunt, uncle, or first cousin who was not previously the UAC's primary caregiver. (This includes biological relatives, relatives through legal marriage).

Category 3: Other sponsor, such as distant relatives and unrelated adult individuals

Category 4: No sponsors identified

Although ORR gives preference to a parent or legal guardian when determining release plans, there are instances when ORR does not release an unaccompanied alien child to a parent or legal guardian. These include:

There has been a court ordered termination of parental rights over the child.

There is substantial evidence that the child would be at risk of harm if released to the parent or legal guardian.

In some cases, an unaccompanied alien child enters the United States with her biological child. In those cases, ORR identifies a sponsor for the unaccompanied alien child as well as for the infant or toddler. In most instances, it is in the best interest of the unaccompanied alien child and her biological child to be released to the same sponsor. For case processing purposes, the sponsor is assigned the same category for the infant as for the UAC mother. This is true even if the potential sponsor would be assigned a different category (based on their relationship status) if he or she were to sponsor the infant alone.
Revised 6/18/19
2.2.2 Contacting Potential Sponsors

The child's care provider is responsible for implementing safe screening methods when contacting and communicating with potential sponsors. These methods are to ensure that a potential sponsor does not pose a risk to the unaccompanied alien child, to other children in the care provider facility or to care provider staff.

Safe screening methods include:

Use of appropriate interpreters

Identity of the sponsor is obtained

Verification of family relationships

Coordination with the unaccompanied alien child's parents, legal guardians, or closest relatives prior to contacting non-relative adult potential sponsors

Screening for exploitation, abuse, trafficking, or other safety concerns

Engaging the child to communicate openly with care provider staff about his or her own sense of safety

Posted 1/27/15
2.2.3 The Family Reunification Application

All potential sponsors must complete an application in order for a child to be released to them from ORR custody (the "Family Reunification Application").

Within 24 hours of identification of a potential sponsor for a child or youth, the care provider or the ORR National Call Center sends the sponsor a package with the application and related documents (called the Family Reunification Packet or FRP).

The application package includes the following documents:

Family Reunification Packet Cover Letter

Authorization for Release of Information

Family Reunification Application

Sponsor Care Agreement

A flyer with contact information on organizations offering a Legal Orientation Program for Custodians (LOPC)

A flyer with contact information for the UAC Sexual Abuse Hotline

Fingerprint instructions

Sponsor Handbook

Letter of Designation for Care of a Minor (If parent or legal guardian wishes to specify)

A flyer warning sponsors of potential fraud schemes

The care provider is available to help the potential sponsor complete the application. The care provider also informs potential sponsors that they may submit additional information to support the application and reminds potential sponsors of the deadlines for completing the forms. The sponsor may also receive assistance in completing the application at some fingerprinting locations.

2.2.4 Required Documents for Submission with the Application for Release

In addition to completing and signing the Family Reunification Application (FRA) and the Authorization for Release of Information, potential sponsors must provide documentation of identity, address, and relationship to the child they seek to sponsor.³ Potential sponsors must also submit documentation verifying the identity of the children they seek to sponsor, and evidence verifying the identity of all adults residing with the sponsor and all adult caregivers identified in a sponsor care plan. In addition to their use as evidence of the foregoing, all documentation submitted under this section is used as part of the overall sponsor assessment process. See Section 2.4 Sponsor Assessment Criteria and Home Studies. As a result, ORR may in its discretion require potential sponsors to submit additional documentation beyond the minimums specified below.

Proof of Sponsor Identity
To verify their identity, all potential sponsors must submit original versions or legible copies of government-issued identification documents. They may present either one selection from List A or two or more documents from List B. If a potential sponsor presents selections from list B, at least one selection must contain a legible photograph. Expired documents are acceptable for the purpose of establishing identity.
LIST OF ACCEPTABLE DOCUMENTS

U.S. Passport or U.S. Passport Card

Permanent Resident Card or Alien Registration Receipt Card (Form I-551)

Foreign Passport that contains a photograph

Employment Authorization Document that contains a photograph (Form I-766)

U.S. Driver's License or Identification Card

U.S. Certificate of Naturalization

U.S. Military Identification Card

Birth Certificate

Marriage Certificate

Court order for name change

Foreign national identification card

Consular passport renewal receipt that contains a photograph

Mexican consular identification card

Foreign driver's license that contains a photograph

Foreign voter registration card that contains a photograph

Canadian border crossing card that contains a photograph

Mexican border crossing card that contains a photograph with valid Form I-94

Refugee travel document that contains a photograph

Other similar documents

Proof of identify of adult household members and adult care givers identified in a sponsor care plan
All potential sponsors must submit documentation verifying the identity of non-sponsor adults in their household or in a sponsor care plan. For all such adults, potential sponsors must submit at least one identification document that contains a photograph. The document may be from either List A or List B above, and may be an original version or a legible copy of the document. Expired documents are acceptable for the purpose of establishing identity. In addition, potential sponsors may submit an original version or legible copy of an ORR Verification of Release Form, but only to verify the identity of adults under the age of 21, and only if the form contains a photograph. ORR will not accept a Verification of Release as proof of identity if it does not contain a photograph, and/or is for anyone 21 and older.

Proof of Immigration Status or U.S. Citizenship
All potential sponsors must submit at least one original version or legible copy of a non-expired government-issued document to prove their immigration status or U.S. citizenship, if applicable. For administrative purposes, ORR considers any potential sponsor who provides an expired document or is unable to provide any documents to be without status. ORR does not provide individual immigration status information to DHS.

ORR may use the macro-level information related to immigration status or presumed immigration status for statistical reporting. ORR uses individual potential sponsor immigration status information to determine whether a sponsor care plan is necessary in the event the sponsor is required to leave the United States (see Section 2.6 Sponsor Immigration Status and Release of Unaccompanied Alien Children).
LIST OF ACCEPTABLE DOCUMENTS

Legal permanent resident card (green card)

Notice to Appear

Other Federal government issued documentation providing immigration status information

OR

U.S. passport

U.S. birth certificate

Naturalization certificate

Citizenship Certificate

State Department Form 240 - Report of Birth Abroad of a Citizen of the United States

Court order

Other government issued document sufficient to prove U.S. citizenship

Proof of Address
All potential sponsors must submit at least one form of documentation verifying their current address. Acceptable forms of documentation include original versions or legible copies of:

A current lease or mortgage statement dated within the last two months before submission of the FRA;

A utility bill, addressed in the sponsor's name and dated within the last two months before submission of the FRA;

A bank statement dated within the last two months before submission of the FRA;

A payroll check stub issued by an employer, dated within the last two months before submission of the FRA;

A piece of mail from a county, state, or federal agency (with the exception of ORR) with the sponsor's name and residential address and dated within the last two months before submission of the FRA;

A notarized letter from a landlord on the business stationary of the real property owner confirming the sponsor's address; and

Other similar documents reliably indicating that the sponsor resides at the claimed address, dated within the last two months before submission of the FRA.

ORR may use alternative methods to verify address. For example, ORR may send a letter containing specific instructions to the address given by the sponsor, and provide a timeline by which the sponsor must comply with the instructions.

Proof of Child's Identity
The potential sponsor or child's family must provide the unaccompanied alien child's birth certificate or a legible copy of the child's birth certificate.

Proof of Sponsor-Child Relationship
The potential sponsor must provide at least one form of evidence verifying the relationship claimed with the child.⁴ Acceptable documents include original versions or legible copies of:

Birth certificates;

Marriage certificates;

Death certificates;

Court records;

Guardianship records;

Hospital records;

School records;

Written affirmation of relationship from Consulate; and

Other similar documents.

Category 2A potential sponsors providing evidence of "primary caregiver"
Category 2A sponsors who are not grandparents or adult siblings must prove they are or were the UAC's primary caregiver. A primary caregiver is defined as any person who is primarily entrusted with the child's care and who lives with the child.

If the potential sponsor has any guardianship documents or other documents from a state or foreign government they must submit this with the Family Reunification Application. ORR also accepts sworn affidavits from potential sponsors in addition to corroborating interviews the Case Manager has with the child, potential sponsor, and other family members to establish whether the potential sponsor was a primary giver to the child.
Category 3 potential sponsors without a bona fide pre-existing relationship
Category 3 potential sponsors who are unable to provide verifiable documentation of a familial relationship with the unaccompanied alien child must submit evidence that reliably and sufficiently demonstrates a bona fide social relationship with the child and/or the child's family that existed before the child migrated to the United States. Care providers must attain sufficient corroboration to be confident that they have received needed verification of the relationship between the potential sponsor and the child or child's family. If a Category 3 potential sponsor does not submit evidence that reliably and sufficiently demonstrates a bona fide preexisting social relationship between the potential Category 3 sponsor and the child and/or the child's family, ORR may take this into account when determining the suitability of the case for release. In such cases ORR may require that the potential Category 3 sponsor, the UAC, and the child's family, establish ongoing regular contact while the child is in ORR care, prior to a release recommendation.
Criminal History
If a potential sponsor has been charged with or convicted of any crime or investigated for the physical abuse, sexual abuse, neglect, or abandonment of a minor, he or she must provide related court records and police records, as well as governmental social service records or proof of rehabilitation related to the incident.

If a sponsor, household member, or adult caregiver provides any false information in the application of release and/or accompanying documents or submits fraudulent documents for the purposes of obtaining sponsorship of the child, ORR will report the incident to HHS/Office of the Inspector General (OIG) and to U.S. Immigration and Customs Enforcement's Homeland Security Investigations (HSI). Fraudulent documents include documents on which the address, identity, or other relevant information is false or documents that have been manufactured or altered without lawful authorization. ORR will deny release if it is determined that fraudulent documents were submitted during the application of release process.

2.2.5 Legal Orientation Program for Custodians

All potential sponsors of children and youth under the care of ORR should attend a presentation provided by the Legal Orientation Program for Custodians (LOPC). The purpose of this program is to inform potential sponsors of their responsibilities in ensuring the child's appearance at all immigration proceedings, as well as protecting the child from mistreatment, exploitation, and trafficking, as provided under the Trafficking Victims Protection Reauthorization Act of 2008. The program also provides information about possible free legal counsel (pro bono legal services) for the youth or child during the immigration court process.

The Office of Legal Access Programs (OLAP), within the Executive Office for Immigration Review (EOIR) at the U.S. Department of Justice, manages the LOPC and contracts with legal service organizations around the country to provide LOPC services to potential sponsors in their local communities or in metropolitan areas served by the program. EOIR is the entity in the federal government that is also responsible for adjudicating immigration cases by fairly, expeditiously, and uniformly interpreting and administering the nation's immigration laws.

The unaccompanied alien child's case manager is responsible for informing potential sponsors about all procedures related to the child's case--including attendance at an LOPC presentation. The Family Reunification Packet (FRP) that goes to each potential sponsor includes an Authorization for Release of Information that the sponsor must sign before the case manager may schedule an appointment for LOPC services. All potential sponsors should submit the Authorization for Release of Information immediately and prior to submitting the complete FRP to ensure timely scheduling of their LOPC session.

Upon receipt of the Authorization, the case manager schedules an appointment for a potential sponsor to attend a presentation with one of the LOPC providers around the country. Alternatively, the case manager contacts the LOPC National Call Center at (888) 996-3848 and arranges for the Call Center to schedule an LOPC appointment for the potential sponsor or mail an LOPC Information Packet to the sponsor.

When evaluating family members and other potential sponsors, ORR considers whether they have attended an LOPC presentation. Attendance at an LOPC presentation is a factor in the release assessment.
Revised 12/4/17
2.2.6 Additional Questions and Answers about this Topic

Q: Will sponsors receive the Family Reunification Packet through the mail or electronically?
A: Case managers will work with sponsors to identify the best way to get the packets to them, whether electronically or by fax transmission or postage paid overnight mail.

Q: Do sponsors need assistance from an attorney or a paid representative to complete the packet?
A: No. The unaccompanied alien child's case manager will be able to help the potential sponsor complete the form and explain the process.

Q: Is it possible for an unaccompanied alien child's spouse to be a sponsor?
A: ORR considers release to an unaccompanied alien child's adult spouse on a case by case basis.

Q: Is it possible for family members in the United States to proactively contact ORR about children who may have entered the country unaccompanied?
A: Yes. Family members may call the ORR National Call Center, at (800) 203-7001.
Posted 1/27/15
2.3 Key Participants in the Release Process

ORR's sponsor assessment and release decision process requires coordination among care provider staff, nongovernmental third-party reviewers (Case Coordinators), ORR staff, other Federal agencies, stakeholders, and Child Advocates, where applicable.

Case Managers communicate with potential sponsors, gather necessary information and documentation, talk to any relevant stakeholders, and assess sponsors to formulate a recommendation to the Case Coordinator. Case Coordinators concurrently review all assessment information on an unaccompanied alien child and sponsor to also make a recommendation. Once Case Managers and Case Coordinators agree on a particular recommendation for release, the ORR/FFS makes a final release decision. If the Case Manager and Case Coordinator cannot agree on a recommendation, the case is elevated to the ORR/FFS for further guidance.
Revised 6/18/19
2.3.1 ORR/Federal Field Specialists (ORR/FFS)

ORR/FFS are ORR's field staff located regionally throughout the country and are assigned to a group of care providers within a particular geographic region. They have the authority to approve all unaccompanied alien children transfer and release decisions; oversee care providers to ensure all services are properly provided and implemented; and serve as a local liaison to community stakeholders, including other Federal agencies, local legal service providers, communities, Child Advocates, etc. ORR/FFS also provide guidance, direction, and technical assistance to care providers.

ORR/FFS also make final decisions as to whether home studies are conducted and/or post-release services are provided. ORR/FFS coordinate all aspects of a child's case with care provider staff, Case Coordinators, stakeholders, and other Federal agencies.
Revised 6/18/19
2.3.2 Case Managers

Care provider Case Managersperform a variety of duties, including coordinating the completion of assessments of unaccompanied alien children, completing individual service plans, assessing potential sponsors, making transfer and release recommendations, and coordinating the release of a child or youth from ORR care and custody. (The care provider provides a range of services through other trained staff that are described in Section 3: Services.)

The role of the Case Manager within the release process is to initiate and maintain ongoing communication with the potential sponsor, gather sponsor information, and assess whether the potential sponsor is a suitable sponsor who can safely provide for the physical and mental well-being of the child or youth. When communicating with the potential sponsor, the Case Manager:

Provides direct assistance on completing the sponsor application packet and ensuring provision of supporting documentation;

Involves the sponsor in making a plan for individualized services for the unaccompanied alien child, as appropriate;

Keeps the sponsor informed of the child's progress and current functioning;

Provides the sponsor with detailed information about the child's needs in order to fully assess the sponsor's ability to provide care and services, including completing a sponsor care plan, when necessary;

Discusses services that are available in the sponsor's community for the child; and

Shares relevant information on the unaccompanied alien child in accordance with applicable privacy and information-sharing policies and in collaboration with the unaccompanied alien child and the child's clinician in a way that best serves the child's safety and well-being.

The Case Manager's role is also to ensure that information is gathered or shared with the appropriate staff and stakeholders during the sponsor assessment process. The Case Manager provides weekly status updates to the unaccompanied alien child's Case Coordinator and ORR/FFS on the progress in achieving a safe and timely release with family members as well as potential challenges that may delay a release. The Case Manager provides weekly status updates (monthly for children in LTFC) to the UAC on the child's case and provision of services, preferably in person. The Case Manager informs other stakeholders of the progress of a child's case, including notification that an unaccompanied alien child may not have a potential sponsor, and any final release decisions. Stakeholders may include local legal service providers and attorneys of record, other local service providers, Child Advocates, post-release and home study providers, and other Federal agencies. Case Managers, in collaboration with the ORR/FFS and Case Coordinator, will also work with law enforcement officials regarding an unaccompanied alien child's pending release if the minor has outstanding criminal charges or other issues.
Revised 6/7/18
2.3.3 Case Coordinators

Case Coordinators are non-governmental contractor field staff assigned to one or more care providers primarily to review unaccompanied alien children cases and provide transfer and release recommendations to ORR staff. The Case Coordinator is responsible for integrating all areas of assessment from the Case Manager, Child Advocates, where applicable, and other stakeholders into a release plan that will provide for the unaccompanied alien child's physical and mental well-being. After staffing and reviewing a case, Case Coordinators and Case Managers must agree on a release recommendation. If there is a disagreement or a particularly complex case, then the case will be elevated to the ORR/FFS for further guidance.

Providing timely review and assessment of potential sponsors and unaccompanied alien children to make recommendations for release to ORR in conjunction with the Case Manager;

Assisting ORR in ensuring that children are placed in the least restrictive setting while receiving all appropriate services;

Meeting with individual unaccompanied alien children and care provider staff at designated ORR-funded care provider sites;

Providing targeted child welfare-based assistance to care provider staff, as directed by ORR staff;

Making recommendations for home study and post-release services for at-risk children;

Making placement recommendations for children who require more specialized levels of care, such as long-term foster care and residential treatment centers;

Participating in collaborative meetings with local stakeholders; and

Participating in staffing of cases with care providers and designated ORR staff.

Revised 8/1/16
2.3.4 Child Advocates

ORR may appoint Child Advocates for victims of trafficking and other vulnerable children. Child Advocates are third parties who make independent recommendations regarding the best interests of a child. Their recommendations are based on information that is obtained from the child and other sources (e.g., the child's parents, potential sponsors, government agencies, and other stakeholders). Child Advocates formally submit their recommendations to ORR and/or the immigration court in the form of Best Interest Determinations (BIDs). ORR considers BIDs when making decisions regarding the care, placement, and release of unaccompanied alien children, but it is not bound to follow BID recommendations.

As required by the TVPRA, ORR provides Child Advocates with access to information necessary to effectively advocate for the best interests of children with whom they are working. After providing proof of appointment, Child Advocates have access both to their clients and to their clients' records. Child Advocates may access their clients' entire original case files at care provider facilities, or request copies from care providers. Further, they may participate in case staffings.

Child Advocates and ORR maintain regular communication, informing each other of considerations or updates that impact service provision and release planning.

Child Advocates' duties include:

Client Visits: The Child Advocate meets with the unaccompanied alien child regularly and speaks with the child's care provider staff in order to understand the child's background and current situation.

Decision Making: The Child Advocate helps the unaccompanied alien child understand legal and care-related issues, explains the consequences of decisions made in response to those issues, and assists the child in making decisions when the child requests such help.

Best Interests Advocacy: The Child Advocate develops a service plan containing best-interest recommendations with respect to the care, placement, and release options; and keeps the care provider, ORR, and the legal service provider or attorney of record apprised of the plan and advocacy efforts.

Case updates: The Child Advocate collaborates and regularly communicates with the care provider, ORR, and other stakeholders in the planning and performance of advocacy efforts. For children who have been released from ORR care, Child Advocates provide timely updates as appropriate or as requested by ORR.

In most cases, ORR appoints Child Advocates while children are in its custody. However, in its discretion, ORR may appoint Child Advocates for unaccompanied alien children after their release from ORR care.
Posted 8/1/16
2.4 Sponsor Assessment Criteria and Home Studies

As noted in the Section 2.2 Application for Safe and Timely Release of an Unaccompanied Alien Child from ORR Care, the application process for release of an unaccompanied alien child involves a number of steps, including background checks (see Section 2.5 ORR Policies on Requesting Background Checks) and submission of the application by the sponsor. This section describes the criteria ORR uses to assess each potential sponsor's ability to provide for the physical and mental well-being of the unaccompanied alien child, and the role of home studies in the process.

The sponsor assessment reviews a sponsor's strengths, resources, risk factors and special concerns within the context of the unaccompanied alien child's needs, strengths, risk factors, and relationship to the sponsor. ORR also determines whether to conduct a home study, as required by the law or as necessary to ensure the welfare of the child
Revised 3/15/16
2.4.1 Assessment Criteria

ORR considers the following factors when evaluating family members and other potential sponsors:

The nature and extent of the sponsor's previous and current relationship with the child or youth and the unaccompanied alien child's family, if a relationship exists.

The sponsor's motivation for wanting to sponsor the child or youth.

The unaccompanied alien child's parent or legal guardian's perspective on the release to the identified potential sponsor (for cases in which the parent or legal guardian has designated a sponsor).

The child or youth's views on the release and whether he or she wants to be released to the individual.

The sponsor's understanding of the unaccompanied alien child's needs, as identified by ORR and the care provider.

The sponsor's plan to provide adequate care, supervision, access to community resources, and housing.

The sponsor's understanding of the importance of ensuring the unaccompanied alien child's presence at all future hearings or proceedings, including immigration court proceedings, and the sponsor's attendance at a Legal Orientation Program for Custodians (LOPC) presentation. See section 2.2.5.

The linguistic and cultural background of the child or youth and the sponsor, including cultural, social, and communal norms and practices for the care of children.

The sponsor's strengths, resources, and mitigating factors in relation to any risks or special concerns of the child or sponsor, such as a criminal background, history of substance abuse, mental health issues, or domestic violence and child welfare concerns.

The unaccompanied alien child's current functioning and strengths in relation to any risk factors or special concerns, such as children or youth who are victims of human trafficking; are a parent or are pregnant; have special needs, disabilities or medical or mental health issues; have a history of criminal, juvenile justice, or gang involvement; or a history of behavioral issues.

Revised 12/4/17
2.4.2 Home Study Requirement

The care provider screens each case to determine whether to conduct a home study of the potential sponsor as required under the Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) Visit disclaimer page . Information about the child is collected during initial placement into an ORR facility and throughout his or her stay. The care provider then uses the information collected about and from the child in conjunction with the sponsor assessment process to determine whether to conduct a . The TVPRA requires home studies under the following circumstances:

1. The child is a victim of a severe form of trafficking in persons;

2. The child is a special needs child with a disability as defined by section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102);

3. The child has been a victim of physical or sexual abuse under circumstances that indicate that the child's health or welfare has been significantly harmed or threatened; or

4. The child's sponsor clearly presents a risk of abuse, maltreatment, exploitation or trafficking, to the child based on all available objective evidence.

ORR also requires a home study before releasing any child to a non-relative sponsor who is seeking to sponsor multiple children, or who has previously sponsored or sought to sponsor a child and is seeking to sponsor additional children. ORR requires a home study for children who are 12 years and under before releasing to a non-relative sponsor.

In circumstances in which a home study is not required by the TVPRA or ORR policy, the Case Manager and Case Coordinator may recommend that a home study be conducted if they agree that the home study is likely to provide additional information required to determine that the sponsor is able to care for the health, safety and well-being of the child. See Footnote 5.

The care provider must inform the potential sponsor whenever a home study is conducted, explaining the scope and purpose of the study and answering the potential sponsor's questions about the process. In addition, the home study report will be provided to the potential sponsor if the release request is denied. See also Section 2.7.7.
Home Study Report and Final Recommendation
A home study consists of interviews, a home visit, and a written report containing the home study case worker's findings. A home study assesses the potential sponsor's ability to meet the child's needs, educates and prepares the sponsor for the child's release, and builds on the sponsor assessment conducted by the care provider staff to verify or corroborate information gathered during that process. The home study is conducted as a collaborative psycho-educational process in which the home study case worker identifies areas where additional support, resources, or information are needed to ensure a successful sponsorship, and provides corresponding psycho-educational assistance. The final recommendation must present a comprehensive and detailed assessment of the sponsor's ability to care for the needs of the child and address any additional information that emerges during the course of the home study regarding the sponsor, the sponsor's household or the child.

The home study provider must contact the care provider within 24 hours of home study referral acceptance, and must also contact the sponsor to schedule the home visit within 48 hours of referral acceptance. The home study provider makes a recommendation to ORR about release with the sponsor. The ORR Federal Field Specialist takes the home study provider's recommendation into consideration when making a release decision. ORR has final authority on release decisions.

The home study provider submits the written report within 10 business days of receipt of the referral. Any requests by the home study provider to extend beyond 10 business days or to cancel a home study must be submitted in writing to the ORR Federal Field Specialist for consideration.

All releases following home studies require post-release services.
Must a child receive a Trafficking Eligibility or Interim Assistance In determining whether a What is physical abuse? TVPRA-mandated Is physical abuse intentional? home study is required under #3 above, care providers consider the following questions: Must a child have physical injuries to meet the standard for physical abuse under #3? Letter from HHS prior to being referred for a For the purposes of #3, who can physically or sexually abuse a child? TVPRA-mandated Who is considered to be a caregiver or adult with a special relationship? home study under #1 above? What is sexual abuse?
No, a child does not need to receive a Trafficking Eligibility Letter from HHS prior to being referred for a home study. A care provider may refer a child for a home study under #1 above if, during the assessment for trafficking, the care provider determines the child is a victim of a severe form of trafficking in persons.

Physical abuse is an act that results in physical injury, such as red marks, cuts, welts, bruises, broken bones, missing or broken teeth or muscle strains. Acts of physical abuse include but are not limited to punching, beating, kicking, biting, hitting (with a hand, stick, strap or other object), burning, strangling, whipping, or the unnecessary use of physical restraint.

Generally, physical abuse is intentional; however, physical abuse can occur when physical punishment goes too far. In other words, an accidental injury of a child may be considered physical abuse if the act that injured the child was done intentionally as a form of punishment.
Under what circumstances is a child's health or welfare considered to have been significantly harmed or threatened?
No, in some cases, a child may not have physical injuries at the time the care provider makes an assessment. Children may be in various stages of the healing process or thoroughly healed from the physical abuse by the time they arrive in ORR care.

A parent, legal guardian, caregiver or other adult with a special relationship to the child can physically or sexually abuse a child.

A caregiver is defined as any person who is entrusted with the child's care and who lives with the child. Other adults with a special relationship to the child could include a teacher, priest, or health care provider.

Sexual abuse of a child by a parent, legal guardian, caregiver or other adult with a special relationship to the child includes any of the following acts, with or without the consent of the child or youth:

Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

Contact between the mouth and the penis, vulva, or anus;

Contact between the mouth and any body part where the adult has the intent to abuse, arouse, or gratify sexual desire;

Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument where the adult has the intent to abuse, arouse, or gratify sexual desire;

Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks where the intent is to abuse, arouse, or gratify sexual desire;

Any attempt, threat, or request by the adult to engage in the activities described above;

Any display by the adult of his or her uncovered genitalia, buttocks, or breast in the presence of the child; and

Voyeurism.

Revised 1/9/17
State laws on statutory rape are not the standard in assessing whether a youth has been sexually abused for the purposes of #3. Care providers use the definition from the ORR rule concerning sexual abuse and harassment; however, for the purposes of determining when a home study is required, the perpetrator is limited to a parent, legal guardian, caregiver or other adult with a special relationship to the child.

Care providers assess the totality of the circumstances in determining whether a child's health or welfare has been significantly harmed or threatened. In evaluating a specific case, care providers take into consideration not only the definitions of physical and sexual abuse listed
Posted 1/27/15
above, but also the circumstances surrounding the incident and any behaviors that the child or youth exhibits as a result of the abuse. Circumstances to consider include but are not limited to: the amount of time that has passed since the abuse, the period of time in which the abuse occurred, the cultural context in which the abuse occurred, the age of the child or youth at the time of the abuse, and the relationship between the youth and the perpetrator.

Care providers take into consideration the situations and behaviors listed below, but do not make a determination based solely on the presence or absence of one of them.

The child experiences on-going medical issues from physical injuries.

The child exhibits negative or harmful behaviors, thoughts or emotions, such as, but not limited to, excessive hostility or aggression towards others, fire setting, cutting, depression, eating disorders suicidal ideation or substance abuse.

In evaluating difficult cases, the care provider should consult with their ORR/FFS.

2.4.3 Additional Questions and Answers on This Topic

Q: What happens if a new sponsor is identified during the sponsor assessment process?
A: If there are multiple potential sponsors, the ORR-funded care provider will exhaust all efforts to facilitate a release to a parent or legal guardian while also contacting and evaluating other potential sponsors concurrently. ORR has release order preferences and will evaluate sponsors concurrently in accordance with the preference orders to determine the best placement for the child.
Revised 6/18/19
2.5 Sponsorship Assessment Background Check Investigations

One of ORR's priorities is ensuring the safe release of unaccompanied alien children to an appropriate sponsor. Consistent with ORR's mission and in compliance with requirements found at 8 U.S.C. 1232(c)(3)(A) to perform an independent finding that a potential sponsor has not engaged in any activity that would indicate a potential risk to the child, ORR requires a background check of all potential sponsors and their adult household members.

To begin the background check process, the potential sponsor and adult household members must first complete the Authorization for Release of Information form (if applicable), submit fingerprints (if required) and provide a copy of a valid government issued photo identification. Adult caregivers identified in a sponsor care plan also require background checks, as outlined in the chart at section 2.5.1. The type of background checks performed on a sponsor and adult household members is dependent in part on the sponsor's relationship, if any, with the child. See section 2.2.1 Identification of Qualified Sponsors for a description of sponsor categories.
Revised 6/18/19
All potential sponsors and adult household members undergo a public records background check of criminal history and sex offender registry databases. Sponsors in Categories 2B and 3, as well as some Category 1 and 2A sponsors, adult household members, and adult caregivers identified in a sponsor care plan require fingerprint background checks that are processed through Federal partners.

ORR transmits fingerprint submissions (if required) to the U.S. Department of Justice's (DOJ) Federal Bureau of Investigation (FBI) to perform criminal history checks. After completing these checks, the FBI submits the results to the Department of Health and Human Services/Program Support Center (HHS/PSC). HHS/PSC interprets the results and notifies ORR that the biometric and biographic checks conducted by DOJ are complete. HHS/PSC also provides copies of the results to ORR.

In some cases, ORR requires sponsors, adult household members, and adult caregivers to undergo a background check search of state child abuse and neglect (CA/N) registries maintained by individual states. In these cases, HHS/PSC works with the relevant state agency or directs the subject of the check to request results from the relevant state agency in compliance with state law and regulation.

2.5.1 Background Check Requirements

The following table lists the types of background checks performed, and explains when they are performed, based on the potential sponsor's relationship to the unaccompanied alien child and other release considerations. The table only indicates the minimum requirements for the background check process for sponsors and others. ORR may require additional checks, verifications, or procedures for sponsors and others in any category if there are any unresolved issues or questions related to the well-being of the child.

Public Records Check

Identifies arrests or convictions of sponsors, adult household members, or others. If a check reveals a criminal record or safety issue, it is used to evaluate the sponsor's ability to provide for a child's physical and mental well-being.

Potential Sponsors in Categories 1-3.

Non-sponsor adult household members and adult caregivers identified in a sponsor care plan.

In all cases

Sex Offender Registry Check, conducted through the U.S. Department of Justice National Sex Offender Public Website

Identifies sponsors and others that have been adjudicated as sex offenders through a national search and, if available, a local public registry search.

Potential Sponsors in Categories 1-3.

Non-sponsor adult household members and adult caregivers identified in a sponsor care plan.

In all cases

FBI National Criminal History Check, based on digital fingerprints or digitized paper prints

Determines whether a sponsor or adult household member (as applicable) has a criminal history, has a profile in DHS IDENT, has been convicted of a sex crime, or has been convicted of other crimes that compromise the sponsor's ability to care for a child.

Potential Sponsors in Category 1 and Category 2A.

Potential Sponsors in Categories 2B and 3.

Non-sponsor adult household members and adult caregivers identified in a sponsor care plan.

Where a public records check reveals possible disqualifying factors under 2.7.4; or where there is a documented risk to the safety of the unaccompanied alien child, the child is especially vulnerable, and/or the case is being referred for a home study

In all cases.

Where a public records check reveals possible disqualifying factors under 2.7.4; or where there is a documented risk to the safety of the unaccompanied alien child, the child is especially vulnerable, and/or the case is being referred for a home study

Child Abuse and Neglect (CA/N) Check, obtained on a state by state basis as no national CA/N check repository exists

Checks all localities in which the sponsor or household member has resided in the past 5 years.

Potential Sponsors in Categories 1-3

Non-sponsor adult household members and adult caregivers identified in a sponsor care plan.

In cases that require a home study, and cases where a special concern is identified.

In any case where a sponsor is required to undergo a CA/N check.

State Criminal History Repository Check and/or Local Police Check

Assists in locating police or arrest records, or other criminal offense details, as needed.

Potential Sponsors in Categories 1-3.
Non-sponsor adult household members and adult caregivers identified in a sponsor care plan.
Used on a case-by-case basis when there is an unresolved criminal arrest or issue that is still in process.

2.5.2 Results of Background Checks on Release Decisions

ORR uses the results from background checks to determine whether release to a potential sponsor is safe. A potential sponsor may be denied based on the results of a background check, and a release decision may remain undecided until ORR obtains the results of a potential sponsor's criminal history or child abuse and neglect reports.

The biometric and biographical information, including fingerprints, are shared with FBI to investigate criminal history through the National Criminal Information Center and may be used consistent with their authorities. Biometric and biographical information may be shared with federal, state or local law enforcement or state child welfare agencies, as necessary, to conduct criminal history searches or search for adverse child welfare findings.

Criminal History and Adverse Child Welfare Finding Results
In the event that a background check of a potential sponsor or, if applicable, adult household member, reveals criminal history or a safety risk, the care provider and ORR evaluate this information and request the potential sponsor to provide any additional information that may demonstrate the potential sponsor's ability to provide for the child's physical and mental well-being.

If release is not barred by , the decision to release a child or youth to a sponsor in these circumstances is based on all the following considerations:

The severity of the criminal and/or child abuse/neglect history;

The length of time that has passed since the criminal act or child abuse/neglect allegation occurred;

The relationship of the potential sponsor and other adult household members to the child or youth; and

The evidence, if any, of rehabilitation since the criminal act or child abuse/neglect allegation occurred.

In cases where the proposed sponsor or an adult household member has been charged with, but not convicted of, a crime, ORR may postpone a final release decision until the legal issue is resolved.

In cases where ORR has released a child and later obtains derogatory information on a sponsor or sponsor household member, ORR determines whether the information if known prior to release would have led to a denial of sponsorship or presents some other high risk child welfare concern. In these instances ORR contacts state CPS and/or local law enforcement (as necessary) with jurisdiction over the sponsor's home and provides them with ORR's findings. ORR may contact the sponsor in certain situations to inform them of child welfare concerns post release in these instances, especially where it concerns an individual in the sponsor's home.

Summary Table of Results of Background Checks and Next Steps
The following table shows procedures following the results of background checks.

No arrest record; check completed

Proceed with release decision-making process. See Section 2.7 Recommendations and Decisions on Release.

Criminal arrest record and/or substantiated adverse child welfare findings; check completed

Determine whether release is barred. See Section 2.7.4 Deny Release Request. If release is not barred, elevate safety issues for third party review. For any findings that could affect safe release, care provider and/or ORR will obtain additional documents to determine current situation (e.g., sponsor is on probation, criminal charges are resolved, etc.). Final release decision shall take into account the criminal records and all other relevant information that is available.

Criminal history pending results; check not complete

ORR/FFS will provide instructions to care provider

CA/N pending results

ORR may choose to release a child pending CA/N results if there are no significant child welfare concerns associated with the sponsor or an adult in the sponsor's home, with the UAC or other children.

2.5.3 Commonly Asked Questions on the ORR Background Check Process

Q1: Where can a sponsor get his or her fingerprints taken?
A1: ORR funds a network of digital fingerprint providers at locations that are not affiliated with law enforcement entities. Sponsors may also go to any local police department for paper fingerprinting services in the event a digital fingerprint provider is not conveniently located near a sponsor's location. Fingerprinting services are not available at ORR headquarters or at HHS/PSC offices.

Q2: Are potential sponsors required to disclose to the care provider that they have a record of a criminal charge or child abuse?
A2: Yes. The sponsor must immediately advise the care provider of this situation and gather detailed documentation of the charges, dispositions, police reports, and evidence of rehabilitation.
Revised 6/18/19
Q3: What happens if a public records or sex offender registry check returns disqualifying findings for a sponsor, adult household member, or adult caregiver identified in the sponsor care plan?
A3: The Case Manager informs the sponsor, and provides the sponsor with a copy of the results. The sponsor and household member/adult caregiver may dispute the results, and provide further evidence or information that a check was not performed correctly (e.g., the wrong date of birth was used, the individual's name was spelled incorrectly, etc.). The Case Manager reruns the check using the corrected information. If further information is required, such as additional background checks, the Case Manager contacts the sponsor and household member/adult caregiver to obtain the information, or make other arrangements so that the safety risk to the unaccompanied alien child is mitigated (e.g., taking steps so that the household member no longer resides in the sponsor's home, identifying a new adult caregiver, etc.).

Q4: What happens if an adult household member refuses to cooperate with a background check?
A4: ORR may deny release when an adult household member refuses to cooperate with a background check. In such cases, ORR considers the totality of the circumstances, including the adult household member's refusal and all other relevant and available information to determine whether the release process may continue. ORR determines the best interests of a child and does not release any child to a sponsor until ORR has determined that it is safe to do so.

Q5: Do background checks expire?
A5: Yes. The FBI National Criminal History Check, Child Abuse and Neglect (CA/N) Check, and State Criminal History Repository Check and/or Local Police Check all expire 270 days from the day results are received. The Public Records Check and Sex Offender Registry Check expire 90 days from the day ORR receives results. ORR requires new background checks if the previous results have expired prior to ORR approving the child's release; this includes obtaining a new set of fingerprints (re-fingerprinting) when applicable.

Q6: Does ORR share the results of the FBI fingerprint checks with other parties?
A6: ORR does not release the results of the FBI fingerprints to outside organizations or individuals, or to ORR care providers. The FBI searches DHS databases that may contain overlapping records. The FBI system automatically initiates a notification to the DHS system if a particular record has been searched.

Q7: Can DHS use information gathered from the ORR background check process to enforce immigration policies against potential sponsors or others?
A7: Until September 30, 2019, DHS is restricted from using a background check subject's information for immigration enforcement actions such as placing a subject in detention, removal, referring the individual for a decision on removal, or starting removal proceedings. Generally stated, they include: certain felonies; an association with a business that employs minors and does not pay a legal wage or prevents the minor from going to school; or an association with prostitution. The felonies include: (A) an aggravated felony as defined in 8 U.S.C. 1101(a)(43)); (B) child abuse; (C) sexual violence or abuse; or (D) child pornography. An aggravated felony, is defined at 8 U.S.C. § 1101(a)(43), and includes a listing of 21 different kinds of crimes.
Revised 6/18/19
If the subject of a background check is concerned about having been charged or convicted of a crime, Case Managers make a request that the subject talk to an attorney about whether their criminal history would fit the definition.

2.6 Sponsor Immigration Status and Release of Unaccompanied Alien Children

ORR uses immigration status information to determine whether a sponsor care plan is necessary in the event the sponsor is required to leave the United States. ORR does not disqualify potential sponsors based solely on their immigration status or for law enforcement purposes.

If the sponsor has an outstanding order of removal, or a pending order of removal that is related to an underlying criminal act, the decision to release a child or youth to a sponsor in these circumstances is based on the considerations described in Section 2.5.2. ORR bars release to any unrelated individual who has an outstanding order of removal.

How does ORR obtain information about immigration status?
During the sponsor assessment process, case managers ask sponsors about their immigration status and ask them to provide documentation sufficient to prove their immigration status (see Section 2.2.4 Required Documents for Submission with the Application for Release).
Revised 06/29/18
What is in a sponsor care plan?
A sponsor care plan identifies the individual that will assume care of an unaccompanied alien child if the sponsor becomes unable to care for the child (see Section 2.7.6 Issues Related to Recommendations and Decisions).

2.7 Recommendations and Decisions on Release
Posted 1/27/15
ORR care providers must make a recommendation to release a child to a potential sponsor after the care provider has evaluated the sponsor, completed the background checks, and collected necessary documentation to prove the sponsor's identity and relationship to the child or youth. The recommendation must take into consideration all relevant information, including the report and recommendations from a home study, if conducted; laws governing the process; and other factors in the case. The ORR care provider makes a recommendation for release if the care provider concludes that the release is safe and the sponsor can care for the physical and mental well-being of the child.

The care provider Case Manager and the Case Coordinator must make a recommendation to the ORR/FFSon the release of the unaccompanied alien child to a particular sponsor. If the Case Manager and Case Coordinator cannot agree on a particular recommendation, or if the case is particularly complicated, they may refer the case directly to an ORR/FFS for guidance on how to proceed.

After receiving the recommendation, the ORR/FFS or other ORR/Headquarters staff reviews the recommendation.

The ORR/FFS makes a release decision in consideration of the recommendations from the care provider, the Case Coordinator, and other stakeholders, including the home study provider and the Child Advocate, where applicable.

Revised 4/15/19
Only ORR (or ACF) has the authority to make the final decision on a release. The Case Manager, Case Coordinator, and other stakeholders have an important role in making recommendations. In some cases, the ORR/FFS may send a case back to the Case Coordinator and Case Manager to obtain additional information before he/she makes a release decision.

The ORR/FFS makes one of the following release decisions:

Approve release to sponsor

Approve release with post-release services

Conduct a home study before a final release decision

Deny release

Remand for further information

Posted 1/27/15
2.7.1 Approve Release Decisions

A recommendation for a release without a home study or post-release services is made after a thorough assessment of the sponsor, the sponsor's family unit, and the needs of the child or youth are taken into consideration. The ORR/FFS makes this release decision when he/she determines that the release is a safe release, the sponsor can care for the health and well-being of the child, and the sponsor understands that the child is to appear for all immigration proceedings.

2.7.2 Approve Release with Post-Release Services

The ORR/FFS may approve a release with post-release services when the release is determined to be safe and appropriate, but the unaccompanied alien child and sponsor need additional assistance to connect them to appropriate resources in the community or to address other concerns, such as mental health or other needs that could benefit from ongoing assistance from a social welfare agency. The sponsor must consent before services may be provided and may withdraw his or her consent at any time after services have begun, since post-release services are a voluntary service. See Section 6.2 Post Release Services.

2.7.3 Conduct a Home Study Before a Final Release Decision Can Be Made

The Case Manager and Case Coordinator will recommend to the ORR/FFS that a home study be conducted prior to making a release recommendation. If the ORR/FFS agrees, he/she will approve that a home study be conducted before a final release decision can be made. The home study provider uses a standardized template to complete the review; however, the provider may include any additional supporting documentation regarding the sponsor or the child or youth, as applicable.

Once the Case Manager and Case Coordinator receive the home study results, they will review the case in light of the home study and make a release recommendation to the ORR/FFS. ( See Section 2.4.2 Home Study Requirements.)

2.7.4 Deny Release Request

ORR will deny release to a potential sponsor if any one of the following conditions exists:

The potential sponsor is not willing or able to provide for the child's physical or mental well-being;

The physical environment of the home presents risks to the child's safety and well-being;

Release of the unaccompanied alien child would present a risk to him or herself, the sponsor, household, or the community; or,

Posted 1/27/15
ORR may deny release to a Category 1 potential sponsor, and will deny release to a Category 2A/2B or Category 3 potential sponsor, if any one of the following conditions exists:

The potential sponsor or a member of the potential sponsor's household:

Has been convicted of (including plea of no contest to) a felony involving child abuse or neglect, spousal abuse; a crime against a child or children (including child pornography); or a crime involving violence, including rape, sexual assault or homicide;

Has been convicted within the last five years of a felony involving physical assault, battery, or drug-related offenses;

Has been convicted of a misdemeanor for a sex crime, an offense involving a child victim, or a drug offense that compromises the sponsor's ability to ensure the safety and well-being of the child;

Has been convicted of alien smuggling or a crime related to trafficking in persons; or

Has other criminal history or pending criminal charges or child welfare adverse findings from which one could reasonably infer that the sponsor's ability to ensure the safety and well-being of the child is compromised;

or

A potential sponsor or a member of the potential sponsor's household has one of the following substantiated adverse child welfare findings:

Severe or chronic abuse or neglect;

Sexual Abuse or other sexual offenses;

Abuse or neglect of other children in the household;

Long-term mental illness or deficiency;

Long-term alcohol or drug induced incapacity; or

Involuntary termination of the parental rights to another child.

2.7.5 Remand Release Request - Decision Pending
Revised 6/7/18
The ORR/FFS may remand the release request, which means that the ORR/FFS is sending the recommendation back to the Case Manager for additional information or additional actions before a final release decision can be made. ORR records the date of the remand and the decision will be pending further review until the documentation is provided or actions are taken.

2.7.6 Issues Related to Recommendations and Decisions

Safety Plan
Case managers, in consultation with Case Coordinators, prepare a safety plan, as needed, to address any outstanding needs the child may have after he/she is released and to ensure the child's safe and successful integration into the sponsor family unit and community. The goal of the safety plan is to ensure the child's safety. The safety plan also has guidance for sponsors on participating in post-release services and on other areas of care critical to the child's adjustment in the family and the community, such as maintaining mental health services for the unaccompanied alien child, accessing any needed special education, helping the child avoid drugs and alcohol, and using appropriate parenting techniques.

Sponsor Care Plan
A sponsor care plan identifies an adult caregiver who will assume care of an unaccompanied alien child if the sponsor becomes unable to care for the child. ORR requires a sponsor care plan for sponsors who may leave the United States, including all sponsors who are not U.S. citizens or lawful permanent residents (green card holders). The goal is to ensure an unaccompanied alien child has a caregiver, despite any complications resulting from the sponsor's immigration situation.
The plan:

Identifies an adult caregiver, and their relationship to the UAC and sponsor, if any;

Includes copies of the adult caregiver's vetting information (background check results, identifying documentation, etc.);

Includes the adult caregiver's contact information;

Discusses how the adult caregiver is notified that a transfer of care is required, if required;

Provides that the adult caregiver will abide by the terms of the Sponsor Care Agreement;

Includes the date the UAC's Case Manager discusses the plan with the child's sponsor and the adult caregiver identified in the plan; and,

Includes additional information and materials (e.g., a Safety Plan), as appropriate or when required by ORR.

Revised 5/2/17
A copy of the sponsor care plan is maintained in the UAC's case file, provided to the sponsor, and to the adult caregiver identified in the plan.

2.7.7 Notification of Denial

If the ORR Director denies the reunification application of an unaccompanied alien child's parent or legal guardian, the ORR Director notifies the parent/legal guardian by sending a denial letter to the parent/legal guardian within 30 business days of receiving all the required information and documentation in a specific case. If the sole reason for denial of release is concern that the unaccompanied alien child is a danger to himself/herself or the community, the ORR Director sends a copy of the denial letter to the child.

The denial letter includes:

An explanation of the reason(s) for the denial;

Instructions on how to obtain the child's case file;

The supporting materials and information that formed the basis for ORR's decision; and

An explanation of the process for requesting an appeal of the denial (see Section 2.7.8). The explanation also informs the prospective sponsor that he or she may submit additional information to support an appeal request.

Denial for sole reason that the unaccompanied alien child is a danger to himself/herself or the community
If ORR denies sponsorship to a potential sponsor who is not the parent or legal guardian of the child, the care provider notifies the potential sponsor, providing the reasons for the denial verbally. If the sole reason for denial of release is concern that the unaccompanied alien child is a danger to himself/herself or the community, the Director notifies the child in writing of the reason for denial as described above.
Revised 5/2/17
2.7.8 Appeal of Release Denial

The parent/legal guardian may seek an appeal of the ORR Director's denial decision by submitting a written request to the Assistant Secretary for Children and Families within 30 business days of receipt of the final decision from the ORR Director. The appeal request must state the basis for seeking the appeal, and may include any additional information that the requester believes is relevant to consideration of the request. The request may seek an appeal without a hearing or may seek a hearing.

Without a Hearing: If the requester seeks an appeal without a hearing, the Assistant Secretary will consider only the denial letter and the information referenced therein, as well as the appeal request and any additional supporting materials or information submitted by the requester. The Assistant Secretary will notify the requester of a decision within 30 business days of receiving the request. If more information is needed to make a decision, or for good cause, the Assistant Secretary may stay the request until he or she has the information needed. In these cases, the Assistant Secretary will send a written explanation to the parent/legal guardian, communicating a reasonable process and timeframe for addressing the situation and making a determination.
Posted 1/27/15
With a Hearing: If the requester seeks a hearing, the Assistant Secretary will schedule a teleconference or video conference, per the requester's preference, at which time the requester (or the requester's representative) may explain the reasons why he or she believes the denial was erroneous. The Assistant Secretary will consider the testimony and evidence presented at the hearing, in addition to the original denial letter and information referenced therein, to make a determination. The Assistant Secretary will notify the requester of the decision in writing within 30 business days following the hearing.

The Assistant Secretary makes a determination based on the relevant law, regulations, and policies concerning release decisions (see Section 2.7.4 for the basis of a release denial). Any evidence submitted to the Assistant Secretary by ORR is shared with the requester in compliance with privacy protections. The Assistant Secretary conducts a de novo review and may affirm or overturn the ORR Director's decision, or send the case back to ORR for further action. Appeals are recorded, and the requester may request a copy of the recording. The Assistant Secretary's decision to affirm or overrule the ORR Director's decision to deny release to a parent/legal guardian is the final administrative decision of the agency on the application that had been under consideration. However, if there is new information or a change in circumstances regarding the reunification application of a parent/legal guardian, or regarding the unaccompanied alien child's circumstances, a new reunification application may be submitted that highlights the change(s) and explains why such changes should alter the initial decision. Similarly, if ORR discovers new information or becomes aware of a change in the circumstances of the parent/legal guardian and/or the unaccompanied alien child, ORR may assess the case anew.

If the sole reason for denial of release is concern that the unaccompanied alien child is a danger to himself/herself or the community, the unaccompanied alien child may seek an appeal of the denial as described above, provided the parent/legal guardian is not seeking an appeal. If the child expresses a desire to seek an appeal, ORR appoints a child advocate to assist the unaccompanied alien child in seeking the appeal. The unaccompanied alien child may seek such appeal at any time after denial of release while the child is in ORR custody.

2.8 Release from Office of Refugee Resettlement (ORR) Custody

Release from the ORR custody is a three-step process:

After care planning, which occurs during the entire safe and timely release process.

Transfer of physical custody of the child, which occurs as soon as possible once an unaccompanied alien child is approved for release.

Closing the case file, which occurs within 24 hours of the unaccompanied alien child's discharge.

2.8.1 After Care Planning

Throughout the release process, care providers work with the child and sponsor so that they can plan for the child's after care needs. This involves working with the sponsor and the unaccompanied alien child to:
Revised 6/7/18

Prepare them for post-ORR custody

Assess the sponsor's ability to access community resources

Provide guidance regarding safety planning, sponsor care plans, and accessing services for the child

Once the sponsor assessment is complete and a sponsor has been approved, the sponsor enters into an agreement with the Federal government in which he or she agrees to comply with the following provisions (see:

Provide for the physical and mental well-being of the child, including but not limited to, food, shelter, clothing, education, medical care and other services as needed.

For those who are not the child's parent or legal guardian, make best efforts to establish legal guardianship with the local court within a reasonable time.

Attend a legal orientation program provided under the Department of Justice/Executive Office for Immigration Review's (EOIR) Legal Orientation Program for Custodians (Sponsors), if available where he or she resides.

Depending on where the unaccompanied alien child's immigration case is pending, notify the local Immigration Court or the Board of Immigration Appeals within 5 days of any change of address or phone number of the child (Form EOIR-33). (If applicable, file a Change of Venue motion on the child's behalf. A "change of venue" is a legal term for moving an immigration hearing to a new location.)

Notify the DHS/U.S. Citizenship and Immigration Services within 10 days of any change of address by filing an Alien's Change of Address Card (AR-11) or electronically at http://www.uscis.gov/ Visit disclaimer page ar-11 Visit disclaimer page Visit disclaimer page.

Ensure the unaccompanied alien child's presence at all future proceedings before the DHS/Immigration and Customs Enforcement (ICE) and the DOJ/EOIR.

Ensure the unaccompanied alien child reports to ICE for removal from the United States if an immigration judge issues a removal order or voluntary departure order.

Notify local law enforcement or state or local Child Protective Services if the child has been or is at risk of being subjected to abuse, abandonment, neglect or maltreatment or if the sponsor learns that the child has been threatened, has been sexually or physically abused or assaulted, or has disappeared. (Notice should be given as soon as it is practicable or no later than 24 hours after the event or after becoming aware of the risk or threat.)

Notify the National Center for Missing and Exploited Children at 1-800-843-5678 if the unaccompanied alien child disappears, has been kidnapped, or runs away. (Notice should be given as soon as it becomes practicable or no later than 24 hours after learning of the child's disappearance.)

Notify ICE at 1-866-347-2423 if the unaccompanied alien child is contacted in any way by an individual(s) believed to represent an alien smuggling syndicate, organized crime, or a human trafficking organization. (Notice should be provided as soon as possible or no later than 24 hours after becoming aware of the information.)

In case of an emergency, such as serious illness, destruction of home, etc., temporarily transfer physical custody of the child to another person who will comply with the terms of the Sponsor Care Agreement.

In the event that a sponsor who is not the child's parent or legal guardian is no longer able and willing to care for the unaccompanied alien child and is unable to temporarily transfer physical custody, notify ORR using the ORR National Call Center, at 1-800-203-7001.

The agreement includes the notice that the release of the unaccompanied alien child to the sponsor's care does not grant the child any legal immigration status and that the child must present himself or herself for immigration court proceedings.
The care provider also provides the sponsor with a Sponsor Handbook that outlines the responsibilities in caring for the unaccompanied alien child's needs for education, health, obtaining legal guardianship, finding support to address traumatic stress, keeping children safe from child abuse and neglect and from trafficking and exploitation. The handbook reiterates the importance of continuing with immigration proceedings and includes links to EOIR's website and forms. The handbook discusses laws related to employment, such as the Federal law prohibiting minors under the age of 18 from working in hazardous occupations.
After care planning includes the care provider explaining the following to the unaccompanied alien child and the sponsor:
Escorting Children to a Sponsor

The U.S. child abuse and neglect standards and child protective services that are explained on the Administration for Children and Families Child Welfare Information Gateway Visit disclaimer page website.

Human trafficking indicators and resources

Basic safety and how to use the 9-1-1 number in emergency situations.

The care provider notifies all stakeholders of the child's discharge date and change of address and venue, as applicable. Where applicable, ORR also provides Child Advocates with access to their clients' documents and forms, and helps child advocates to remain informed about their clients' after-care plans and legal proceedings. The care provider coordinates with the legal service provider or attorney of record to help complete the necessary legal forms. Stakeholders notified of the change of address and, if applicable, request for change of venue for the immigration case include the U.S. Immigration and Customs Enforcement (ICE) Office of Chief Counsel and the U.S. Executive Office for Immigration Review (EOIR) Immigration Court Administrator.

2.8.2 Transfer of Physical Custody

Once ORR approves an unaccompanied alien child for release, the care provider collaborates with the sponsor to ensure physical discharge happens as quickly as possible (within 3 calendar days after ORR approves the release). The care provider notifies DHS prior to the physical release to allow DHS an opportunity to comment on the imminent release as well as time to prepare any DHS paperwork for the ICE Chief Counsel's office.

The care provider ensures that all the child's belongings-including those he or she had at the time they entered ORR custody and any they acquired during their stay-are given to the child and sponsor at time of release. The care provider also makes sure that the child and sponsor have copies of files or papers needed for the child to obtain medical, educational, legal or other services following release.

Whenever possible, sponsors are expected to come to the care provider or to an offsite location designated by the care provider for the transfer of physical custody of the child.

Under extenuating circumstances (e.g., a sponsor cannot travel due to a medical condition), ORR may approve an unaccompanied alien child to be escorted to a sponsor. Similarly, if a sponsor pick-up would result in delay of a timely release of the child, ORR may approve an escort for an unaccompanied alien child.

If an unaccompanied alien child's final destination involves air travel and the sponsor will not be traveling with the child, the care provider must follow the procedures in the table below concerning care provider escorts and airline escorts.

Unaccompanied alien children who are under the age of 14 years old traveling via air may only be escorted by care provider staff, unless an ORR/FFS Supervisor has approved the use of an airline escort in advance.

The sponsor is responsible for the unaccompanied alien child's transportation costs and, if the care provider is escorting the child, for the care provider's transportation or airfare. If an airline escort is used, the sponsor is responsible for paying the airline's unaccompanied alien minor service fee.

Under no circumstances will ORR pay for the sponsor's airfare. Sponsors are not required to use a travel agent proposed or used by a care provider if they are able to find lower airfare using another agent or airline, provided escort conditions are met.
Revised 3/14/16
The following table summarizes procedures for each method of transfer.

Sponsor pick-up at care provider facility

Case manager collaborates with the sponsor on selecting a date and time for the sponsor to pick-up the child

Case manager notifies the sponsor that he/she is required to bring the same valid government issued photo identification previously submitted by the sponsor in the FRP (see Section 2.2.4)

Care provider checks the sponsor's identification upon arrival by comparing it to the identification previously submitted by the sponsor in the FRP (see Section 2.2.4)

If the sponsor's identification matches the identification previously submitted, care provider gives the sponsor the unaccompanied alien child's release documents and personal possessions

Care provider advises the sponsor, if traveling by airplane, to check in the child at the ticket counter with a copy of the child's DHS form I-862, Notice to Appear

Care provider may not release the child unless the sponsor presents the same valid government issued photo identification he or she submitted in the FRP.

Care provider escort to offsite transfer location

Case manager collaborates with the sponsor in selecting a time and location for transfer, and flights for the child and care provider escort

Case manager notifies the sponsor that he/she is required to bring the same valid government issued photo identification previously submitted by the sponsor in the FRP to the transfer location

Case manager arranges for the sponsor to pay for the child and care provider escort's transportation costs, including airline tickets where applicable

Case manager prepares a copy of the sponsor's identification that was submitted in the FRP, for the care provider escort to take to the transfer location

If traveling by air, at the departure airport, care provider escort checks in the child at the ticket counter with a copy of the child's DHS form I-862, Notice to Appear

At the transfer location, care provider escort compares the sponsor's identification with the copy previously submitted by the sponsor in the FRP. If the identification documents correspond, care provider escort releases the child to the sponsor and provides the sponsor with the release documents and the child's personal effects and papers

Care provider escort may not release the child unless the sponsor presents the same valid government issued photo identification he or she submitted in the FRP. If the sponsor does not produce valid identification, if the care provider escort has concerns regarding the sponsor's identity, or if the care provider escort has concerns regarding the safety of the situation upon meeting the sponsor, the care provider escort will return with the child to the care provider facility

Travel via airline's unaccompanied alien minor escort policy (only for youth 14 years of age and older)

Case manager contacts the airline to obtain information on airline escort requirements, in order to ensure that they are adequate to protect the safety of the child, and to ensure that both the sponsor and the care provider can meet the requirements

Case manager arranges for the sponsor to pay for the child's airplane ticket and for the airline unaccompanied alien minor escort fee

Case manager ensures that the government issued photo identification submitted by the sponsor in the FRP will be acceptable to the airline to complete custody transfer

The care provider instructs the sponsor to meet the unaccompanied alien child and escort at the airport with the identification they submitted in the FRP, and to follow the requirements of the airline's unaccompanied alien minors escort policy

At the departure airport, care provider checks in the unaccompanied alien child at the ticket counter with a copy of the DHS form I-862, Notice to Appear, and a copy of the approved identification of the sponsor picking up the child

At the departure airport, care provider gives the child their personal possessions and documents and a copy of the sponsor's approved identification, and mails an additional copy of the release documents to the sponsor

At the destination airport, the sponsor arrives two hours before the child's arrival time, and contacts the care provider immediately to check in.

The airline follows its standard procedures for escorting a child traveling alone to the designated parent or guardian

The care provider contacts the sponsor shortly after the child's scheduled arrival time to confirm the child's transfer from the airline representative to the sponsor

If the sponsor fails to arrive at the airport or fails to contact the care provider upon arrival at the airport, the care provider will notify the ORR/FFS and the Project Officer, and the child will either be returned to the care provider or taken to another nearby care provider facility.

Revised 3/14/16
When arranging for children to travel with airline escorts, care providers should also refer to the U.S. Department of Transportation recommendations for unaccompanied alien minors traveling by air ("When Kids Fly Alone").

2.8.3 Closing the Case File
Post-Release Referrals
The care provider completes a Discharge Notification form within 24 hours of the physical discharge of a youth, and then emails the form to DHS and other stakeholders. Once a child is released to a sponsor, ORR's custodial relationship with the child terminates.

Although the custodial relationship ends, the care provider keeps the case file open for 30 days after the release date in order to conduct the Safety and Well Being Follow Up Call (see Section 2.8.4) and document the results of the call in the case file. The care provider closes the case file record after completing the Safety and Well Being Follow Up Call.
Post-Release Services
Section 2.8.4 Safety and Well Being Follow Up Call

Care providers must conduct a Safety and Well Being Follow Up Call with an unaccompanied alien child and his or her sponsor 30 days after the release date. The purpose of the follow up call is to determine whether the child is still residing with the sponsor, is enrolled in or attending school, is aware of upcoming court dates, and is safe. The care provider must document the outcome of the follow up call in the child's case file, including if the care provider is unable to contact the sponsor or child after reasonable efforts have been exhausted. If the follow up call indicates that the sponsor and/or child would benefit from additional support or services, the care provider must refer the sponsor or child to the ORR National Call Center and provide the sponsor or child the Call Center contact information. If the care provider believes that the child is unsafe, the care provider must comply with mandatory reporting laws, State licensing requirements, and Federal laws and regulations for reporting to local child protective agencies and/or law enforcement.
Posted 5/2/16
2.8.5 Post-Release Services for UAC with Zika Virus Disease or Infection

ORR follows CDC guidance and recommendations for Zika virus laboratory testing. CDC recommends testing for all pregnant UAC without symptoms, but who are from or traveled through areas with ongoing Zika virus transmission and are within 2-12 weeks of arrival in the United States. Other UAC who develop two or more symptoms consistent with Zika may be tested for Zika virus upon consultation with a healthcare provider.

Pregnant UAC who are diagnosed with Zika virus disease, have laboratory results compatible with Zika virus infection, or have laboratory results that cannot rule out Zika virus infection will be referred for post-release services. Similarly, UAC who delivered while in ORR care will be referred for post-release services if they were diagnosed with Zika virus disease, had laboratory results compatible with Zika virus infection, or had laboratory results that cannot rule out Zika virus infection while pregnant.

In some cases, asymptomatic pregnant UAC are released pending lab results. In those cases, ORR will communicate their test results to them and their new healthcare provider. If their results are compatible with Zika virus infection or if Zika virus infection cannot be ruled out, ORR will refer them for post-release services.
Posted 5/8/17
Post-release services for eligible UAC described above include the full range of post-release services with a focus on connecting the UAC to prenatal care and maternal-child resources.

For more information about the Zika virus, please go to the CDC website at: www.cdc.gov/zika/index.html Visit disclaimer page

2.8.6 Release for Children with Legal Immigration Status

Some unaccompanied alien children may obtain legal immigration status while in ORR care. ORR may also discover during the process of placing and providing services to a child that he or she already has legal immigration status or is a U.S. citizen. By law, ORR is not authorized to have custody of children with legal immigration status or U.S. citizenship. Therefore, these children cannot remain in ORR's care, and ORR must promptly release them from ORR-funded care provider facilities.

As soon as ORR determines that an unaccompanied alien child may be eligible for legal status, ORR begins development of a Post Legal Status Plan. The case manager develops the plan, and ORR approves it, tailoring it to the needs and pending immigration status of the child.

As is the case for all UAC, ORR continually makes efforts to reunify children who have promising immigration cases with family members. However, if no parent, legal guardian, relative, or other suitable adult is available, ORR and the care provider, as part of the development of the Post Legal Status Plan, identify alternative placements for the child, including specialized programs, state or county entities or licensed nonprofit organizations that will take custody of the child. In limited circumstances, children with certain types of immigration status may be eligible for release into ORR's Unaccompanied Refugee Minors (URM) Program. Placement in the URM Program is limited by type of immigration status and the availability of appropriate placement options. ORR will not release children on their own recognizance under any circumstances.

2.8.7 Release of Saravia Class Members

Generally, ORR must release a UAC to the previous sponsor within three calendar days of a successful Saravia hearing unless one of the following exceptions applies:

The sponsor is physically unavailable (e.g., has been removed from the United States, imprisoned, cannot be located, or is unwilling to take the minor back);

There has been abuse or neglect (e.g., ORR has evidence that the prior sponsor, or individuals in the sponsor's household, have abused or neglected the UAC or other children in the sponsor's home); or

The UAC was previously released to a Category 2B or Category 3 sponsor but the child was not living with that sponsor immediately prior to arrest. (For UAC who are arrested by ICE after serving time in a local jail, ORR releases to the previous Category 2B or Category 3 sponsor within three calendar days if the UAC was living with that sponsor immediately prior to their arrest by local authorities.)

Where release is not possible for one of the reasons above, ORR follows the standard safe and timely release process (see Section 2 Safe and Timely Release from ORR Care). However, this process shall not take into account any prior allegations of gang affiliation that existed at the time of a Saravia class membership determination.

If a Saravia class member returns to ORR custody after not having prevailed at his or her Saravia hearing, ORR follows its normal policies and procedures for release of the UAC.

Posted 02/12/21

2.9 Bond Hearings for Unaccompanied Alien Children
Requesting a Bond Hearing
Consistent with the Ninth Circuit Court of Appeals decision in Flores v. Sessions, unaccompanied alien children have the opportunity to seek a bond hearing with an immigration judge.

In a bond hearing, an immigration judge decides whether the child poses a danger to the community.For the majority of children in ORR custody, ORR has determined they are not a danger and therefore has placed them in shelters, group homes, and in some cases, staff secure facilities. For these children, a bond hearing is not beneficial.

The burden is on the requestor to demonstrate that the child can be released because he or she is not a danger to the community. An immigration judge's decision that the unaccompanied alien child is not a danger to the community supersedes an ORR determination on that question, unless the immigration judge's decision is overturned by the Board of Immigration Appeals (BIA). However, even if an immigration judge decides the child is eligible for bond (meaning the child does not pose a danger to the community and need not remain in an ORR facility for that reason), in all cases release from ORR custody cannot occur until ORR has identified, evaluated and approved an appropriate sponsor in accordance with Section 2 of this policy guide. An immigration judge does not rule on any of the following:

release to a sponsor;

the unaccompanied alien child's placement or conditions of placement while in ORR custody; or,

releasing the child on his or her own recognizance.

ORR also takes into consideration the immigration judge's decision in the bond hearing about the youth's level of danger when assessing the youth's placement and conditions of placement.
Bond Hearings Proceedings
Although these hearings are known as "bond hearings," ORR does not require payment of any money in the event a court grants bond.

A request for a bond hearing may be made by the child in ORR care, by a legal representative of the child, or by parents/legal guardians on their children's behalf. These parties may submit a written request for a bond hearing to the care provider using the ORR form, Notice of Right to Request a Bond Hearing, or through a separate written request that provides the information requested in the form. ORR provides the Notice of Right to Request a Bond Hearing to UAC in secure and staff secure facilities.
Appeals
A request for a bond hearing must minimally include:
Age Outs

The full name and alien registration number ("A number") of the child;

If a parent or legal guardian, or an appointed legal representative, is making the request, the parent/legal guardian's or legal representative's name;

The location of the care provider facility;

The date of the request; and

The signature(s) of the requesting child, the parent/legal guardian, and/or legal representative.

Further Requests for Bond Hearing
There is no filing fee to submit a request for a bond hearing to the care provider.
Revised 7/19/17
A child (or his or her legal representative) may also request a bond hearing by making an oral request in immigration court.

Bond hearings are usually held at the immigration court where the request for a bond hearing is filed.

If the immigration judge finds an unaccompanied alien child eligible for bond, and ORR does not appeal, then ORR follows its sponsor assessment and release procedures as described in Section 2 of this policy guide.

Either party may appeal the immigration judge's decision to the BIA. Because ORR cannot release a child until it identifies a suitable sponsor, an immigration judge's finding that the unaccompanied alien child is not a danger to the community does not necessarily result in a release of the child while an appeal is pending.

If an unaccompanied alien child becomes 18 years old during the pendency of a bond hearing or bond hearing appeal, ORR forwards the request for a bond hearing and any relevant information to the local DHS/ICE Office of Chief Counsel's office.

If an immigration judge (or BIA, when appealed) determines that an unaccompanied alien child is ineligible for bond, such decision is final unless the child can demonstrate a material change in circumstance to support a second request for a bond hearing.

Footnotes

1. As per the release order preference outlined in Flores v. Reno Stipulated Settlement Agreement, No. 85-4544-RJK (Px) (C.D. Cal., Jan 17, 1997).

2. These categories were created for program use, to help identify potential sponsors. They are not intended to replace the legal order of preference established in Flores.

3. The care provider may offer assistance to potential sponsors in securing necessary documentation, but it is ultimately the potential sponsor's responsibility to find and submit them.

4. Verification of the potential sponsor's relationship to the child is a minimum step required by the TVPRA to determine a potential sponsor's suitability and capability of providing for the child's physical and mental well-being. See 8 U.S.C. § 1232. As a result, as stated above, ORR may in its discretion require the submission of multiple forms of evidence.

5. ORR/FFS Supervisors are the final authority for approving discretionary home studies (See Section 2.4.2)

6. Child advocates must keep the information in the case file, and information about the child's case, confidential from non-ORR grantees, contractors, and Federal staff.

7. As part of the FBI background check process, DHS databases are searched. The FBI also forwards biographic information to ICE's Law Enforcement Support Center (LESC). Neither HHS/PSC or ORR verify any records produced by DHS for background check purposes.

8. An Authorization for Release of Information is not required for sponsors, adult household members, or adult care givers identified in a sponsor care plan undergoing a sex offender registry check. An Authorization for Request of Information also is not required for sponsors, adult household members and adult caregivers identified in a sponsor care plan undergoing a public records check. However, sponsors will receive notice that public records and sex offender registry checks will be performed, and will have an opportunity to explain the results of these checks to ORR. ORR will also provide a method for disputing the results of checks.(See Section 2.5.3, Q4)

9. ORR will also reject any sponsor care plans that identify an adult care giver who has any of the disqualifying criteria.

10. See U.S. Dept. of Health and Human Services, Children's Bureau. Grounds for involuntary termination of parental rights, at 2. Washington, DC: Child Welfare Information Gateway, Jan. 2013.

11. The Change of Venue motion must contain information specified by the Immigration Court. A Change of Venue motion may require the assistance of an attorney. For guidance on the "motion to change venue," see the Immigration Court Practice Manual at www.justice.gov/eoir/vll/OCIJPracManual/ocij_page1.htm Visit disclaimer page . For immigration case information please contact EOIR's immigration case information system at 1-800-898-7180. Visit EOIR's website for additional information at: www.justice.gov/eoir/formslist.htm Visit disclaimer page .

12. Immigration judges also consider risk of flight. However, ORR does not make a determination of flight risk for the purpose of deciding whether a child is released. If an immigration judge offers an opinion about a youth's risk of flight, ORR takes the judge's opinion into consideration when assessing the child's placement and conditions of placement, but the decision does not affect release.

13. Please see footnote above concerning risk of flight.

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Children Entering the United States Unaccompanied: Section 2

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The Office of Refugee Resettlement (ORR) has policies and procedures in place to ensure unaccompanied alien children in ORR care are released in a safe, efficient, and timely manner. ORR's policies require the release of unaccompanied alien children to parents, guardians, relatives, or individuals designed by the child's parents, referred to as "sponsors."

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Supporting Unaccompanied Immigrant Youth in U.S. Schools

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Laura has nearly 20 years of experience working in education, refugee resettlement, and social work. While in education, she worked as a district level manager for immigrant family and community engagement as well as a school social worker. Laura also worked for Bridging Refugee Youth and Children's Services (BRYCS) managing their national technical assistance initiative to federal Refugee School Impact Grantees.

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At this point, you've probably seen the news. Nearly 19,000 children, mostly from Central America, were apprehended at the border in March 2021 alone. While this phenomenon of unaccompanied minors arriving at the border isn't new, the number of arrivals is definitely greater than usual. For instance, in FY2019 (pre-COVID), just under 70,000 minors crossed the border and were in the Office of Refugee Resettlement's (ORR) care over the course of the entire year (also a record at the time).

Why are so many minors coming? While some of the "push factors" may be increasing (i.e. violence, poverty, climate change, privatization of natural resources, etc.) and there are always seasonal migration patterns, one could argue that the biggest factor is changes to Title 42. This is a rule that was enacted on March 20, 2020 that allowed the government to immediately expel those arriving at the border because of the risks related to COVID-19. This included asylum-seekers and unaccompanied minors. Ultimately, this resulted in 15,867 unaccompanied minors being turned away at the border in 2020.

The Biden Administration is still utilizing Title 42 and expelling families and single adults, but they are NOT turning away unaccompanied minors. Therefore, we have a backlog. We have a year's worth of unaccompanied minors who are all trying to come at the same time. For more information on the "whys" and the complexity of this situation, check out this article from Time Magazine.

Now let's look at what's most important for educators to know, so that we can be proactive and prepared for when many of these children end up in our classrooms this Fall.

1. The time to prepare is now. Unaccompanied minors are first apprehended by Customs and Border Patrol (CBP) and placed in the "jail like facilities" that we often see on the news. By law, they are supposed to be released to ORR shelters within 72 hours, but this has been taking longer due to a shortage of beds and other factors. Once in an ORR shelter, each child is usually there for 100+ days (average was 102 days in FY2020), while a suitable family member or other sponsor is located and screened. This means it's likely many of these children will be released and ready to enroll in school over the summer or early Fall.

2. You can look up data on unaccompanied minors released to your area. The federal Office of Refugee Resettlement keeps detailed data on their website that anyone can view. It's broken down by state and county. If you want to look at previous federal fiscal years, you can see that data here. Use this data to advocate for programming and services for these students!

3. Many of these students have limited or interrupted formal education (SLIFE). This means it's time to "beef up" your SLIFE programming and/or start to advocate for this type of thing if you don't have it. There is tons of great professional development out there on working with SLIFE! For example, English Learner Portal has a new SLIFE course starting on June 21. In addition, Seidlitz Education and Multilinguals Forward held a virtual SLIFE conference in 2020 and all of the presentation recordings are free!

4. Youth from Guatemala make up the largest percentage of unaccompanied minors and many of these youth have indigenous/Maya roots. This means many unaccompanied youth are Native Americans with their own cultures and languages. For example, common languages spoken are Mam, K'iche', and Q'anjob'al. Many Maya youth do not speak Spanish (or they speak Spanish as a second language) and these students are not Hispanic / Latino. This is crucial when you think through your registration process, home language surveys, bilingual programming, interpretation and translation services for caregivers, and so on.

5. Learn about trauma-informed practices for immigrant and refugee students, including unaccompanied minors. Sometimes districts have extensive trauma-informed PD and initiatives, but fail to recognize the unique needs and strengths of immigrants, refugees, and English Learners. Our favorite resource on this topic is from Dr. Heidi Ellis and her team at Boston Children's Hospital: the Refugee and Immigrant Core Stressors Toolkit Refugee and Immigrant Core Stressors Toolkit. This model recognizes that what immigrant and refugee students are going through is NOT just about trauma experienced in the home country. It's also about trauma and violence in one's community in the U.S. as well as the difficulties with acculturation and learning English, poverty and basic needs, legal immigration issues, isolation, and discrimination. They have done a significant amount of work implementing school-based, multi-tiered mental health programming in various school districts. They utilize cultural brokers in their programming and recognize that family engagement, assistance with basic needs, and acculturation support are crucial parts of mental health treatment. You can check out their book here.

6. Teachers (not just school counselors, etc.) play an incredibly important role in the mental health and social-emotional support of unaccompanied minors. Research shows that "school connectedness" and "peer support" are two of the biggest protective factors for immigrant and refugee youth that help mitigate the risk factors and core stressors mentioned above. In other words, anything you do to help your newcomer students feel like they belong and have friends is key! So start up the lunch bunches and clubs, create a peer mentoring initiative for newcomers, make sure you respond to bullying, and so on!

7. Unaccompanied minors receive six hours of instruction per day while in ORR care. (Note: not while they are first in DHS/CBP custody.) There is very little written about what this education actually looks like and the education varies greatly between ORR facilities, but a couple of articles are here and here. We also include a webinar we did with teachers at an ORR shelter in Chicago in our online course on supporting unaccompanied immigrant youth that includes a lot of great information.

8. For a number of reasons that are too long for this blog post, the U.S. government does not consider most of these youth to be refugees. All of the youth in ORR custody are in deportation proceedings. They are released to a family member or other sponsor while their immigration case works through the system. The government also does NOT provide these youth with an attorney, so they need to find an attorney or they'll go to immigration court on their own. Some of this youth may be able to eventually get asylum or another status which will allow them to permanently stay in the U.S., but this will require a lawyer. It is recommended that school counselors, social workers, and/or parent liaisons keep a list of organizations that provide low-cost or pro bono attorneys for immigrants. A good place to start is here.

9. ORR's definition of unaccompanied minor is NOT the same as McKinney Vento's but there is overlap in the two populations. By law, an "Unaccompanied Alien Child" is someone who a) has no lawful immigration status in the United States; b) has not attained 18 years of age; and c) has no parent or legal guardian in the United States or no parent or legal guardian in the United States who is available to provide for their care and physical custody. Of course this is a different definition than what is used in K-12 education, particularly with the McKinney Vento Act. The youth we're talking about WERE unaccompanied (at least not with a parent or legal guardian) when they crossed the border, but now they are living with a family member or other person who agreed to be their sponsor (unless that placement fell apart). Depending on who they were released to and who accompanies the student to register for school, your homeless liaisons may or may not become involved.

10. These students are NOT just the EL teacher's responsibility. Like all English Learners, these students are everyone's students. They should have the opportunity to build relationships with and learn from general education teachers, administrators, school counselors, social workers, and more. Furthermore, their caregivers (whoever ORR released them to) should have an opportunity to connect with parent liaisons or other family engagement staff for support.

If you would like more information about unaccompanied minors, please join me for a FREE webinar we're doing in partnership with English Learner Portal on May 26 at 7 pm ET. It will be 30 minutes with 15 minutes for Q and A.

If you're ready for more detailed information on how to support this population, sign up for the 5 hour self-paced online course that I (Laura Gardner) teach through our partnership with English Learner Portal and Brandman University. The next section starts June 21! Or if you prefer, we can facilitate a live virtual workshop for your group - just email laura@immigrantsrefugeesandschools.org to discuss.

Final Resources

At this point, you've probably seen the news. Nearly 19,000 children, mostly from Central America, were apprehended at the border in March 2021 alone. While this phenomenon of unaccompanied minors arriving at the border isn't new, the number of arrivals is definitely greater than usual. For instance, in FY2019 (pre-COVID), just under 70,000 minors crossed the border and were in the Office of Refugee Resettlement's (ORR) care over the course of the entire year (also a record at the time).

Why are so many minors coming? While some of the "push factors" may be increasing (i.e. violence, poverty, climate change, privatization of natural resources, etc.) and there are always seasonal migration patterns, one could argue that the biggest factor is changes to Title 42. This is a rule that was enacted on March 20, 2020 that allowed the government to immediately expel those arriving at the border because of the risks related to COVID-19. This included asylum-seekers and unaccompanied minors. Ultimately, this resulted in 15,867 unaccompanied minors being turned away at the border in 2020.

The Biden Administration is still utilizing Title 42 and expelling families and single adults, but they are NOT turning away unaccompanied minors. Therefore, we have a backlog. We have a year's worth of unaccompanied minors who are all trying to come at the same time. For more information on the "whys" and the complexity of this situation, check out this article from Time Magazine.

Now let's look at what's most important for educators to know, so that we can be proactive and prepared for when many of these children end up in our classrooms this Fall.

1. The time to prepare is now. Unaccompanied minors are first apprehended by Customs and Border Patrol (CBP) and placed in the "jail like facilities" that we often see on the news. By law, they are supposed to be released to ORR shelters within 72 hours, but this has been taking longer due to a shortage of beds and other factors. Once in an ORR shelter, each child is usually there for 100+ days (average was 102 days in FY2020), while a suitable family member or other sponsor is located and screened. This means it's likely many of these children will be released and ready to enroll in school over the summer or early Fall.

2. You can look up data on unaccompanied minors released to your area. The federal Office of Refugee Resettlement keeps detailed data on their website that anyone can view. It's broken down by state and county. If you want to look at previous federal fiscal years, you can see that data here. Use this data to advocate for programming and services for these students!

3. Many of these students have limited or interrupted formal education (SLIFE). This means it's time to "beef up" your SLIFE programming and/or start to advocate for this type of thing if you don't have it. There is tons of great professional development out there on working with SLIFE! For example, English Learner Portal has a new SLIFE course starting on June 21. In addition, Seidlitz Education and Multilinguals Forward held a virtual SLIFE conference in 2020 and all of the presentation recordings are free!

4. Youth from Guatemala make up the largest percentage of unaccompanied minors and many of these youth have indigenous/Maya roots. This means many unaccompanied youth are Native Americans with their own cultures and languages. For example, common languages spoken are Mam, K'iche', and Q'anjob'al. Many Maya youth do not speak Spanish (or they speak Spanish as a second language) and these students are not Hispanic / Latino. This is crucial when you think through your registration process, home language surveys, bilingual programming, interpretation and translation services for caregivers, and so on.

5. Learn about trauma-informed practices for immigrant and refugee students, including unaccompanied minors. Sometimes districts have extensive trauma-informed PD and initiatives, but fail to recognize the unique needs and strengths of immigrants, refugees, and English Learners. Our favorite resource on this topic is from Dr. Heidi Ellis and her team at Boston Children's Hospital: the Refugee and Immigrant Core Stressors Toolkit Refugee and Immigrant Core Stressors Toolkit. This model recognizes that what immigrant and refugee students are going through is NOT just about trauma experienced in the home country. It's also about trauma and violence in one's community in the U.S. as well as the difficulties with acculturation and learning English, poverty and basic needs, legal immigration issues, isolation, and discrimination. They have done a significant amount of work implementing school-based, multi-tiered mental health programming in various school districts. They utilize cultural brokers in their programming and recognize that family engagement, assistance with basic needs, and acculturation support are crucial parts of mental health treatment. You can check out their book here.

6. Teachers (not just school counselors, etc.) play an incredibly important role in the mental health and social-emotional support of unaccompanied minors. Research shows that "school connectedness" and "peer support" are two of the biggest protective factors for immigrant and refugee youth that help mitigate the risk factors and core stressors mentioned above. In other words, anything you do to help your newcomer students feel like they belong and have friends is key! So start up the lunch bunches and clubs, create a peer mentoring initiative for newcomers, make sure you respond to bullying, and so on!

7. Unaccompanied minors receive six hours of instruction per day while in ORR care. (Note: not while they are first in DHS/CBP custody.) There is very little written about what this education actually looks like and the education varies greatly between ORR facilities, but a couple of articles are here and here. We also include a webinar we did with teachers at an ORR shelter in Chicago in our online course on supporting unaccompanied immigrant youth that includes a lot of great information.

8. For a number of reasons that are too long for this blog post, the U.S. government does not consider most of these youth to be refugees. All of the youth in ORR custody are in deportation proceedings. They are released to a family member or other sponsor while their immigration case works through the system. The government also does NOT provide these youth with an attorney, so they need to find an attorney or they'll go to immigration court on their own. Some of this youth may be able to eventually get asylum or another status which will allow them to permanently stay in the U.S., but this will require a lawyer. It is recommended that school counselors, social workers, and/or parent liaisons keep a list of organizations that provide low-cost or pro bono attorneys for immigrants. A good place to start is here.

9. ORR's definition of unaccompanied minor is NOT the same as McKinney Vento's but there is overlap in the two populations. By law, an "Unaccompanied Alien Child" is someone who a) has no lawful immigration status in the United States; b) has not attained 18 years of age; and c) has no parent or legal guardian in the United States or no parent or legal guardian in the United States who is available to provide for their care and physical custody. Of course this is a different definition than what is used in K-12 education, particularly with the McKinney Vento Act. The youth we're talking about WERE unaccompanied (at least not with a parent or legal guardian) when they crossed the border, but now they are living with a family member or other person who agreed to be their sponsor (unless that placement fell apart). Depending on who they were released to and who accompanies the student to register for school, your homeless liaisons may or may not become involved.

10. These students are NOT just the EL teacher's responsibility. Like all English Learners, these students are everyone's students. They should have the opportunity to build relationships with and learn from general education teachers, administrators, school counselors, social workers, and more. Furthermore, their caregivers (whoever ORR released them to) should have an opportunity to connect with parent liaisons or other family engagement staff for support.

If you would like more information about unaccompanied minors, please join me for a FREE webinar we're doing in partnership with English Learner Portal on May 26 at 7 pm ET. It will be 30 minutes with 15 minutes for Q and A.

If you're ready for more detailed information on how to support this population, sign up for the 5 hour self-paced online course that I (Laura Gardner) teach through our partnership with English Learner Portal and Brandman University. The next section starts June 21! Or if you prefer, we can facilitate a live virtual workshop for your group - just email laura@immigrantsrefugeesandschools.org to discuss.

Final Resources

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10 Things Educators Need to Know about Unaccompanied Minors

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At this point, you've probably seen the news. Nearly 19,000 children, mostly from Central America, were apprehended at the border in March 2021 alone. While this phenomenon of unaccompanied minors arriving at the border isn't new, the number of arrivals is definitely greater than usual.

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A Short History of the Flores Settlement The Flores Settlement is the law regulating the release of children from government detention and how they must be treated until then. It is important and complicated. Project Lifeline partnered with cartoonist Tom Chalkley to create this explainer to help everyone

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We held an optional district professional development session called "Developing Resources and Supports for Immigrant Students"...I think it was an eye-opener for many who attended. The district's Coordinator of Social Workers attended and relayed that immigration trauma and stress would be put on her agenda for the next district mental health meeting. - Sarah Fladwood-Handley, District Elementary ELL Coach, Topeka Public Schools, Kansas
Overview

Helping staff understand students' experiences can have a powerful impact on how they interact with immigrant students and families. A number of educators have noted that their colleagues, including administrators, were surprised to learn how much these issues were impacting their students. The following sections provide some background information on immigration issues that may affect students or staff at your school/program, as well as tips for offering professional development on these issues.

In addition, it is important to keep in mind that immigration issues can impact staff as well. Learn more about this topic from our section on social-emotional support for staff.

For more information on recent immigration policy changes and immigration impacts on students, see our strategies for keeping up with current events and policy changes, as well as the following:

Note: For information on recent proposed changes to the "public charge" rules, which would make it harder for legal immigrants to get green cards if they use certain kinds of public assistance, see our related section on this topic. Although the rules have not yet taken effect, some immigrant families are withdrawing from benefit programs they currently use, which may have an impact on students' basic needs.

Separation and reunification

Immigrant students may have complex situations in their families when it comes to separation, reunification, and the impacts of changing immigration policies. Examples include the following:

Unaccompanied minors who come to the U.S. to reunite with parents may not have seen those parents for many years and may have new siblings in the U.S. that they are meeting for the first time.

Other students may be experiencing separation from family members due to detention or deportation, or due to travel restrictions that have lengthened the separation. In some of these cases, students may have significant care-taking responsibilities for younger siblings.

At the same time, students may also be concerned about the safety of family members who have stayed in unstable, violent, or war-torn regions of their home countries.

Here are examples of real students navigating those issues, including some students who have been featured by The Washington Post:

Alex, a young man being cared for by his 18-year-old sister after his mother was detained in an immigration raid in Ohio

Jafet and Jeshua, teenagers who traveled from Guatemala to live with their mother in Northern Virginia after being separated from her for 13 years, leaving a younger sister behind in Guatemala

Steve, a 10-year-old living with his father in Northern Virginia after his mother was deported to El Salvador, where she now lives with his younger sister

Isaac, an 11-year-old from Honduras who was separated from his mother at the border in 2017 and now lives in Illinois with an uncle following her deportation

Hana, a middle school student from Yemen living in Michigan with her father and younger brothers whose mother is currently awaiting her visa to the U.S.

Hussein (sixth grade) and Yussef (second grade), brothers who came from Yemen without their mother before she joined them six months later

The impacts of immigration enforcement on students

Why this matters

There are 4.5 million children with at least one parent who is undocumented; 1.6 million of those children are under the age of 5 and a high percentage of those children were born in the U.S. and are therefore U.S. citizens. In California alone, nearly two million children live in "mixed-status" households, and one in eight students have at least one undocumented parent. Researchers at UCLA estimate that immigration enforcement policies have the potential to impact more than 5 million children nationwide (Gándara & Ee, 2018a, p. 3).

Immigration enforcement activity can result in a variety of outcomes, including:

detention in U.S. facility

deportation to another country

large raids

arrests of other undocumented people nearby

extended separations between family members.

It is also worth noting that thousands of people who are deported, usually men, often try to return to the U.S. each year. This journey can prove fatal, as in the case of Adrián Luna, a 45-year-old father of five who had lived in Idaho for 27 years and died deep in the desert in an attempt to come back to the U.S. following his deportation.

In addition, some undocumented sponsors of young people who have crossed the border are reluctant to come forward to take children home because of a new memorandum of understanding in which the Department of Health and Human Services is sharing sponsor information with immigration officials. This policy has led to the arrest of numerous undocumented sponsors. This is one factor impacting the increased amount of time children are in federal custody, leading to higher numbers of children in shelters and an expansion of "tent cities" where immigrant youth are housed.

All of these outcomes have long-lasting emotional, economic, and practical effects on students and families. The UCLA research team shares the following anecdotes from teachers, the first in Maryland and the second in California.

We have one student who had attempted to slit her wrists because her family has been separated and she wants to be with her mother. She literally didn't want to live without her mother (2018a, pp. 1-2).

I had one student who came back the day after prom and would not eat or talk to anyone. I finally found out from one of her friends that she came home from prom to find her mom deported and never had the chance to say good-bye or anything. She was suffering but did not know what to do (2018a, p.3).

Some of the documented impacts of separation, detention, and deportation include:
Social-emotional

increased fear, anxiety, and depression

lack of motivation and interest in school

uncertainty about the future in terms of where the student will live and go to school

post-traumatic stress

Economic uncertainty

loss of income and instability

an increase in transiency as families relocate, go into hiding, or move to join loved ones

reduced access (voluntary or involuntary) to social services and benefits

Care-taking arrangements

possible transfer of the child into foster care

an increase in responsibilities (or preparation for that increase) for older siblings as caretakers, breadwinners, and coordinators of logistics or family affairs.

School/community impact

The UCLA team confirmed what other educators have reported, which is that immigration enforcement can have a wide-spread effect on non-immigrant students as well, including an increase in concern, anxiety, grief, and anger over the loss of a friend who may disappear. One teacher notes,

I have already had several students who have parents who have been deported to Mexico and India. One of our students skipped school for 3 weeks when a teacher brought up the topic of immigration in class. Last year I had students missing class to attend their parent's immigration court hearings. All of this is wearing on my students and is causing anxiety and depression. (p. 14)

You can read more about the broader school and community impacts of this enforcement in our article about massive immigration raids in Postville, Iowa, as well as information about the impacts on young children in particular in our section on early childhood education.

Recommended resources

Research and reports

From Colorín Colorado

News headlines from the The Washington Post

NPR

Other sources

Recommended videos

Being undocumented

Overview

Many educators may not know that some of their students are undocumented, or what implications being undocumented has. In fact, teacher Lori Dodson notes that many students themselves don't know they are undocumented and don't learn of their status until high school when they apply for a driver's license, a first job, or college. At the same time, many students are navigating complex decisions about what to share or not share about their personal background, experience, and immigration status on a regular basis. (See more on this topic in our section on immigrant students' choices to remain silent about their experiences.)

How does being undocumented impact daily life?

Students who are undocumented or who have family members who are undocumented may experience the following:

fear of filling out paperwork for benefits and school services, like special education, free- and reduced-price lunch, and financial aid (Gándara and Ee, 2018a)

missing out on field trips and extra-curricular activities due to the paperwork or fear of being out in the community after school hours (Gándara and Ee, 2018a)

restricted access to employment, medical insurance, and other benefits

questions of transportation, such as state driver's licenses policies and the inability to fly without identification

fear of entering public buildings that require IDs, such as military bases.

Other considerations and impacts include:

Note: State-issued ID cards for undocumented immigrants are not protection against immigration enforcement.

The undocumented population of the U.S. includes immigrants from around the world. Many of those individuals are advocating for more visibility in conversations about immigration. Here are some resources that highlight that diversity:

Researchers studying undocumented students

For in-depth research on immigrant students and undocumented students in particular, see the work of the following scholars:

Recommended resources

Recommended videos

What is DACA?

Deferred Action for Childhood Arrivals (DACA) is a policy enacted during the Obama Administration through executive action in 2012 focused on undocumented youth who have lived in the U.S. since childhood, often referred to as "DREAMers." The DREAMer population is a diverse group representing countries around the world.

DREAM Act legislation (short for Development, Relief and Education for Alien Minors Act) has been introduced multiple times in Congress but has not yet passed.

This summary from NPR provides a helpful overview:
DACA is the acronym for Deferred Action for Childhood Arrivals, a program created in 2012 by the Obama administration allowing young people brought to this country illegally by their parents to get a temporary reprieve from deportation and to receive permission to work, study, and obtain driver's licenses. DACA applicants had to be younger than 31 years old when the program began. They also had to prove that they had lived in the United States continuously since June 15, 2007, and that they had arrived in the U.S. before the age of 16. Those signing up for DACA must show that they have clean criminal records. They have to be enrolled in high school or college, or serve in the military. Their status is renewable every two years.
As of this writing, court cases related to DACA are proceeding, DACA still stands and recipients can continue to renew. However, new applications are not currently being accepted.

Why this matters

Many educators may not understand how DACA works and how changes in the policy can impact families or schools. Researchers at UCLA studying the impact of immigration enforcement on schools found that "many educators appeared to be confused about" DACA - what it is, who qualifies, and what the current status of the program is (p. 22). Changes in DACA would impact not only the children of DACA recipients but thousands of teachers in both K-12 and early childhood settings working with DACA work permits. For more information, as well as interviews with teachers who have DACA, see our related resource section.

To learn more about DACA, you can also:

Look for networks online to find out what other educators are sharing and discussing.

Look for colleagues or community members who can speak about its impact on students and families, such as college-level DREAM organizations.

Recommended resources

About DACA / Resources for DREAMers

News headlines and blog posts

For news related to DACA, as well as interviews with DACA teachers, see our Colorín Colorado resource section, as well as the following:

Recommended videos

Video: Helping DREAMers tell their stories

Meet DACA teachers and students

What is TPS?

Temporary Protected Status (TPS) is a type of immigration status. The Council on Foreign Relations (CFR) explains,

Established by the U.S. Congress in 1990, temporary protected status (TPS) provides legal status to migrants from countries that have suffered natural disasters, protracted unrest, or conflict...It allows migrants to stay in the United States for periods of up to eighteen months, which the U.S. government can renew indefinitely. (Felter & Shendruk, 2018)

If a nation's TPS designation expires, TPS holders, many of whom have lived here for more than two decades, must return to their native country, with few options for staying legally in the U.S.

In late 2017 and early 2018, the White House announced it would end TPS for Sudan, Nicaragua, Haiti, and El Salvador. However, in October 2018, a federal court temporarily blocked the move, saying that doing so would cause "irreparable harm and great hardship." A full hearing will be held in the future.

Why this matters

CFR reports that, "TPS holders are parents to at least 273,000 children with U.S. citizenship." Ending TPS designation is likely to separate many families who choose not to take their children to countries they feel are unsafe.

Tips for getting started

Learn more about TPS from the resources below.

Ask parent liaisons and community organizations if they know whether TPS is an issue of concern for local families. If so, consider connecting families with legal resources so that they can continue to receive updated information and guidance.

Recommended resources

Recommended videos

Recommendations for professional development

Framing the conversation

One way you may wish to share information about immigration with colleagues is through professional development. Given the polarizing nature of this topic, we recommend that skilled, experienced trainers in this topic lead these conversations. It may be helpful to start a conversation on immigration by:

Reminding colleagues to show respect for differing opinions (this is especially effective if all staff members are familiar with the same norms for discussion and teamwork, such as the guidelines outlined in the Norms of Collaboration Toolkit)

Sharing relevant district policies and initiatives related to serving immigrant students

Sharing the following quotes for discussion or reference:

As we discussed our district support, we recognized that the heart of the matter was keeping students safe and supporting their continued learning. This meant that we needed to measure our actions by how they related to supporting the students' learning and social-emotional well-being. This has been helpful in empowering leaders as they make decisions in response to new situations. It is important that we respect the different viewpoints of others and not silence those opinions if channeled correctly. However, our school division [district] has clear set of core beliefs that need to be adhered to. Most importantly, our staff must show unwavering respect and acceptance of all children regardless if they are an immigrant or not.
Tips for getting started

If planning professional development on these topics, educators and administrators should think about how to:

identify the most important topics for your context

establish your goals for training and how it will allow colleagues to better serve students

establish a climate of respect and trust

address myths or misconceptions as needed

help staff understand students' rights and staff members' obligations to protect student privacy

take the information provided and use it to improve students' experiences at the school

share culturally responsive ways to address these issues

be responsive to situations as they arise (rather than waiting too long to address them before they become critical)

connect to existing districtwide programs

talk about the ways in which immigration issues may impact staff as well as students.

Discussion questions

These questions may provide some useful entry points into discussion:

How do you think these experiences might impact students in the classroom and in their social-emotional health?

What information was new to you, or surprised you?

What can you do as an educator to support students who have had these experiences?

Recommended resources

Recommended videos

Consider using the video " The danger of a single story" by Chimamanda Ngozi Adichie to open up discussion, as well as recommended videos throughout this guide.

References

See our complete reference list for works cited in this article.

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How Immigration Issues Can Impact Students

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We held an optional district professional development session called "Developing Resources and Supports for Immigrant Students"...I think it was an eye-opener for many who attended. The district's Coordinator of Social Workers attended and relayed that immigration trauma and stress would be put on her agenda for the next district mental health meeting.

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For undocumented students, close relationships with teachers and guidance counselors can make a world of difference, says education and immigration expert Roberto Gonzales. Educators can not only provide much-needed emotional support; they can also be the resource these students and their families need to stay safe and participate fully in their communities.

If a student discloses his or her status and asks for advice, you don't have to have all the answers right away, says Gonzales, who spent 12 years chronicling the experiences of undocumented young people for his book Lives in Limbo. More important is acknowledging the student's concerns and telling the student that you'll figure it out together - and then talk to colleagues, visit local community centers, or find answers online. Tell the student, "I can find ways to better help you."

Watch the video, and see below for best practices for supporting undocumented learners in a K-12 setting (excerpted from a previously published story).

Supporting Undocumented Learners in Middle and High School

Help families and children understand their rights. Schools are legally forbidden from asking about immigration status, and some students may not disclose (or may not know) their status. Districts and schools with immigrant populations should communicate proactively with all families, with messages of inclusion and to encourage DACA enrollment and renewal, as modeled by this resource from the Boston Public Schools and by a new BPS website called We Dream Together, designed for students. From early on, they should spread the message to students that everyone can aspire to go to college and pursue interests and career goals. That message should include the fact that undocumented students can legally attend college in the U.S.

Here is a comprehensive resource on the rights of immigrant and refugee children, assembled by Teaching Tolerance for educators and school staff.

Ensure that staff members know about the resources available to undocumented students, as well as the limitations. Variation at the state-level - involving tuition rates, state scholarships, and licensure requirements, among other things - makes it important for school counselors, teachers, and other academic advisors to be aware of the opportunities and restrictions available to DACA-enrolled young people in their localities.

Create a strong mentoring system. Gonzales identified a single characteristic shared by each of the high-achieving undocumented students he followed: "To the person, they could name three or four adult mentors in their lives," he says. "These were teachers, counselors, adults within the school community who really helped forge a pathway for them."

Look to colleges as a model for student services. At the postsecondary level, some colleges have taken the lead by creating resource centers for undocumented students, and these have been effective at providing the specific support these students need, Gonzales says. These resource centers include an identified staff person who acts as a liaison to students in navigating the bureaucracy of higher education. They also provide trainings for staff and faculty, and they convene support groups and clubs for undocumented students.

Stay aware of the challenges of adolescence. Navigating adolescence is challenging for all children, but it's uniquely so for undocumented children, who may contend with stigma, exclusion, or self-seclusion or secrecy that families often feel compelled to impose. With DACA, "there are more supports to prevent kids from falling off," Gonzales says. "There are new opportunities for guidance, allowing these young people and their families some breathing room - some chance to maintain their aspirations."

Additional Resources

***
We Want to Hear from You
Our country is polarized: How is that showing up in your school? What are you doing to protect students, confront discrimination, prevent bullying, and foster inclusion? Usable Knowledge would like to hear from you. Join us on Facebook and Twitter, using #OneAllHGSE. Send your advice and resources to uknow@gse.harvard.edu, and we'll share as much as we can. Read more at One and All.

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For undocumented students, close relationships with teachers and guidance counselors can make a world of difference, says education and immigration expert Roberto Gonzales. Educators can not only provide much-needed emotional support; they can also be the resource these students and their families need to stay safe and participate fully in their communities.

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Civics for Immigrant and Undocumented Students

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Civic education, Levinson says, has the potential to teach young people these capacities. It can act as a counterweight to the "bad values, bad ways of interacting, and anti-democratic, authoritarian practices and policies" currently being modeled by civically influential people.

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How to Support Immigrant Students and Families: Strategies for Schools and Early Childhood Programs

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Across the country, educators are looking for ways to support immigrant students and families facing great uncertainty. This comprehensive guide includes more than 50 strategies that educators, staff, and administrators can use to ensure that schools and early childhood settings remain safe, welcomi…

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Themes

California, Childhood Experiences and Memories, Courage, Empathy/Compassion, Families, Fathers, Geography, Home, Identity/Self Esteem/Confidence, Kindness/Caring, Latino/Hispanic/Mexican Interest, Mexico, Mothers, Optimism/Enthusiasm, Overcoming Obstacles, People In Motion, Persistence/Grit, Realistic Fiction, Respect/Citizenship, Bilingual

Collections

Fluent Bilingual, Bilingual English/Spanish and Dual Language Books , Mexico Culture Collection, Family Diversity , California Book Collection , Appendix B Diverse Collection Grades K-2, Appendix B Diverse Collection Grades 3-6, Bilingual Bestsellers, Latin American Spanish/Bilingual Collection, Bilingual English/Spanish Collection , Immigration Collection, Refugee Children's Book Collection, Social and Emotional Learning Collection, #OwnVoices Collection, Teaching Tough Topics with Children's Literature Webinar, EmbraceRace Webinar: Books that Support Kids To Think Critically About Racial Inequity, Authentic Spanish List, Authentic Spanish List Grades PreK-2, Trauma-Informed Collection, Bilingual Spanish/English Guided Reading Level P

Latin American Collection English 6PK

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Teacher's Guide - From North to South / Del Norte al Sur | Lee & Low Books

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Themes California, Childhood Experiences and Memories, Courage, Empathy/Compassion, Families, Fathers, Geography, Home, Identity/Self Esteem/Confidence, Kindness/Caring, Latino/Hispanic/Mexican Interest, Mexico, Mothers, Optimism/Enthusiasm, Overcoming Obstacles, People In Motion, Persistence/Grit, Realistic Fiction, Respect/Citizenship, Bilingual Collections Fluent Bilingual, Bilingual English/Spanish and Dual Language Books , Mexico Culture Collection, Family Diversity , California Book Collection ,

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With support from the Robert Wood Johnson Foundation, 15 sites across the U.S. developed model mental health programs that engage schools, families, students, mental health agencies and other community organizations to build effective, easily-accessible services for children and youth.

Each of the 15 funded sites describes its objectives, target populations, community partners and services provided. New resources will be added to each of the Grantee's pages in the upcoming months. Check the bottom of each page to see what's new!
Asian American Recovery Services
Caring Across Communities Briefing Kit Tips for Mental Health Interpretation: Practice-Based Guidance for Working with Interpreters in Mental Health Settings January 2008 Issue Brief #1: Screening and Assessing Immigrant and Refugee Youth in School-Based Mental Health Programs Issue Brief #2: Partnering With Parents and Families to Support Immigrant and Refugee Children at School Helping Immigrant and Refugee Students Succeed: It's Not Just What Happens in the Classroom November 2009 Comparative Case Study of Caring Across Communities Children of Immigrants and Refugees: What the Research Tells Us Children's Crisis Treatment Center
At the , Mental Health Screening in Schools, Joshua Kaufman, School Mental Health Services, Los Angeles Unified School District October 2007 Beyond Exceptional Care: A Communications Imperative - Attracting, Keeping and Growing Support for the Well-Being of Children of Immigrants and Refugees October 2007 New Initiative Will Fund School-Based Mental Health Services for Children and Youth June 15, 2006 RWJF Announces New School-Connected Mental Health Services March 1, 2007 , and October 2009 grantee meetings, national experts provided guidance on program management, funding, and mental health service delivery challenges, among other topics. Children's Hospital Boston
Duke University
Family Service Association of Bucks County
Imperial County Office of Education
Los Angeles Child Guidance Clinic
Los Angeles Unified School District
Minneapolis Public Schools
NYU School of Medicine
Portland Public Schools
Santa Cruz Community Counseling Center
The Village Family Service Center
UNC at Chapel Hill
World Relief-Chicago
Publications

Presentations

Webinars

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With support from the Robert Wood Johnson Foundation, 15 sites across the U.S. developed model mental health programs that engage schools, families, students, mental health agencies and other community organizations to build effective, easily-accessible services for children and youth. Each of the 15 funded sites describes its objectives, target populations, community partners and services provided.

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Immigrant Students' Rights to Attend Public Schools

Alert for Registering Students for School

As schools are registering students for the next school year, this alert is a reminder that public schools, by law, must serve all children. The education of undocumented students is guaranteed by the Plyler vs. Doe decision, and certain procedures must be followed when registering immigrant children in school to avoid violation of their civil rights.

As a result of the U.S. Supreme Court ruling in Plyler vs. Doe, public schools may not:

deny admission to a student during initial enrollment or at any other time on the basis of undocumented status;

treat a student differently to determine residency;

engage in any practices to "chill" the right of access to school;

require students or parents to disclose or document their immigration status;

make inquiries of students or parents intended to expose their undocumented status; or

require Social Security numbers from all students, as this may expose undocumented status.

Yet a number of schools are posting notices like these pictured here and on school websites that indicate Social Security cards and birth certificates are required before a family can register their child for school. Such practices are in direct violation of Plyler vs. Doe.

Rather, it should be clear from the beginning that students without a Social Security number should be assigned a number generated by the school.

For example, some school districts are including language in their enrollment notices, like:

The XYZ Independent School District does not prevent students from enrolling if a Social Security card is not presented. The Social Security Number is used for identification purposes when reporting student information to the Texas Education Agency. The campus will assign a computer generated number when a card is not presented.

Providing a Social Security card or number is optional. The XYZ Independent School District will not refuse enrollment of any student opting not to provide a Social Security card/number. In lieu, a state identification number will be provided for educational purposes only.

If the student does not have a Social Security number, XYZ ISD will assign a Public Education Information Management System (PEIMS) number. No student may be denied enrollment solely because of failure to meet the documentation requirements. Enrollment is provisional, however, pending receipt of the required documentation and verification of eligibility.

Not only should undocumented students not be discouraged from attending, they are required to attend school under the state's compulsory education laws. And parents should be assured that the Family Educational Rights and Privacy Act restricts schools from sharing information with the U.S. Immigration and Customs Enforcement agency.

At IDRA, we are working to assure educational opportunity for every child. Help us make this goal a reality for every child; we simply cannot afford the alternatives. Denying or discouraging children of undocumented workers access to an education is unconstitutional and against the law.

Share this Alert on Facebook and Twitter.

Resources

See our School Opening Alert (in English and Spanish).

See a letter from the U.S. Department of Justice and the U.S. Department of Education (May 2011) and the Department of Homeland Security Memorandum (June 2012) advising school officials that activities that deny or discourage students to attend school are unlawful

The Texas Education Agency issued official guidance in a 2010 letter

Listen to IDRA's Classnotes Podcast episode on "Immigrant Children's Rights to Attend Public Schools."

For help in ensuring that your programs comply with federal law, contact the Department of Justice, Civil Rights Division, Educational Opportunities Section at 877-292-3804 or education@usdoj.gov, or the Department of Education Office for Civil Rights at 800-421-3481 or ocr@ed.gov. You also can contact the OCR enforcement office that serves your area.

For more information or to report incidents of school exclusion or delay, call:

META (Nationwide) 617- 628-2226

MALDEF (Los Angeles) 213-629-2512

MALDEF (San Antonio) 210-224-5476

NY Immigration Hotline (Nationwide) 212-419-3737

MALDEF (Chicago) 312-427-0701

MALDEF (Washington, D.C.) 202-293-2828

Share these Resources on Facebook and Twitter.

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Immigrant Students' Rights to Attend Public Schools

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Alert for Registering Students for School As schools are registering students for the next school year, this alert is a reminder that public schools, by law, must serve all children. The education of undocumented students is guaranteed by the Plyler vs.

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Refugee Children without Their Parents: Guardianship, Kinship Care and Foster Care

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My name is Thomas. I was born in 1987, in Monrovia, Liberia.

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In recent months, schools throughout the United States have been experiencing a significant shift in their student populations. Although U.S. schools have a long history of educating immigrant students, the arrival of unaccompanied minors from Central America in high numbers presents the unique task of educating students who face a variety of challenges. The following tips offer useful, basic information about this group of students and what schools need to know to best meet their needs.

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Unaccompanied Children in Schools: What You Need to Know

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In recent months, schools throughout the United States have been experiencing a significant shift in their student populations. Although U.S. schools have a long history of educating immigrant students, the arrival of unaccompanied minors from Central America in high numbers presents the unique task of educating students who face a variety of challenges.

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As a record-breaking number of children have crossed the border alone into the U.S. from Central American countries such as Guatemala, El Salvador, and Honduras, U.S. officials, detention center staff, attorneys, case workers, children's advocates, and school personnel continue to work to meet these children's unique needs.

Take a look at our recommended resources below, including tip sheets, news stories, reports, films, and books.

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As a record-breaking number of children have crossed the border alone into the U.S. from Central American countries such as Guatemala, El Salvador, and Honduras, U.S. officials, detention center staff, attorneys, case workers, children's advocates, and school personnel continue to work to meet these children's unique needs.

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This report summarizes the current state of lawful immigration (and lawful permanent resident) in the U.S. It does this through a multi-disciplinary analysis, -examin[ing] the experiences of U.S. citizen children impacted by the forced deportation of their LPR parents and proposes ways to reform U.S. law consistent with domestic and international standards aimed to improve the lives of children.

Citation

In the Childâ€™s Best Interest? The Consequences of Losing a Lawful Immigrant Parent to Deportation. (2010). University of California, Berkeley. Retrieved January 13, 2011 from: http://www.law.berkeley.edu/files/Human_Rights_report.pdf

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In the Child's Best Interest? The Consequences of Losing a Lawful Immigrant Parent to Deportation

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This report summarizes the current state of lawful immigration (and lawful permanent resident) in the U.S. It does this through a multi-disciplinary analysis, -examin[ing] the experiences of U.S. citizen children impacted by the forced deportation of their LPR parents and proposes ways to reform U.S.

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More than 102,000 unaccompanied children (UACs) from Central America and Mexico were apprehended by U.S. Customs and Border Protection at the U.S.-Mexico border between October 1, 2013 and August 31, 2015. The rapid influx of child arrivals in the spring and summer of 2014, which caught the attention of a concerned public and policymakers, briefly overwhelmed the systems in place for processing and caring for these children. While most of the Mexican children are quickly returned to Mexico, under U.S. law children from noncontiguous countries are transferred to the Office of Refugee Resettlement (ORR) within the U.S. Department of Health and Human Services to be processed and simultaneously placed in removal proceedings. The vast majority of these are released by ORR into the custody of a parent, relative, or friend in the United States while they wait for their cases to progress through the immigration court system. This issue brief summarizes the available data and qualitative research on where unaccompanied child migrants are being placed, how they are faring in immigration court, what types of services are available to them, and how communities, in particular schools, are adapting to their arrival.

Citation

Pierce, Sarah. 2015. Unaccompanied Child Migrants in U.S. Communities, Immigration Court, and Schools. Washington, DC: Migration Policy Institute.

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Unaccompanied Child Migrants in U.S. Communities, Immigration Court, and Schools

# data[].attributes.attachment_link.description
More than 102,000 unaccompanied children (UACs) from Central America and Mexico were apprehended by U.S. Customs and Border Protection at the U.S.-Mexico border between October 1, 2013 and August 31, 2015. The rapid influx of child arrivals in the spring and summer of 2014, which caught the attention of a concerned public and policymakers, briefly overwhelmed the systems in place for processing and caring for these children.

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Unaccompanied children placed in immigration proceedings in the United States are likely to encounter a complex web of policies and practices, numerous government agencies, each acting in accordance with a different mission and objective, and a legal process that often takes years to resolve. Since 2005, the Vera Institute of Justice has administered the Unaccompanied Children Program, which provides access to legal services for people who are younger than 18, have no lawful immigration status, and have no parent or legal guardian in the United States available to provide care and custody. The program is funded by the Office of Refugee Resettlement (ORR), the agency within the U.S. Department of Health and Human Services responsible for these children after apprehension and referral by the U.S. Department of Homeland Security (DHS).

Vera's work on this project has given it unique access to a national network of legal services providers with expertise in representing unaccompanied children, as well as to quantitative and qualitative information about unaccompanied children from these providers and from ORR. This report is based on project staff's analysis of this material and their review of the most recent information about this population, including documents published by government agencies and nongovernmental organizations. It aims to demystify a sometimes daunting process by providing a thorough overview of the system, from the children's point of apprehension by immigration enforcement authorities to their release from government custody and the end of their immigration cases, and to clearly describe the maze of government agencies, actors, and policies.

Citation

Byrne, O & Miller, E. (2012). The Flow of Unaccompanied Children Through the Immigration System: A Resource for Practitioners, Policy Makers, and Researchers.Center on Immigration and Justice, VERA Institute of Justice.

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The Flow of Unaccompanied Children Through the Immigration System: A Resource for Practitioners, Policy Makers, and Researchers

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Unaccompanied children placed in immigration proceedings in the United States are likely to encounter a complex web of policies and practices, numerous government agencies, each acting in accordance with a different mission and objective, and a legal process that often takes years to resolve.

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Sixteen-year-old Sonia Ocampo was born on the night of the worst storm Tres Montes had ever seen. And when the winds mercifully stopped, an unshakable belief in the girl's protective powers began. Sonia knows she has no special powers, but how can she disappoint those who look to her for solace? When she gets a chance to travel to the city and work in the home of a wealthy woman, she seizes it. But when news arrives that her beloved brother has disappeared while looking for work, she learns to her sorrow that she can never truly leave the past or her family behind. With deeply realized characters, a keen sense of place, a hint of magical realism, and a flush of young romance, Meg Medina tells the tale of a strongwilled, warmhearted girl who dares to face life's harsh truths as she finds her real power.

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Sixteen-year-old Sonia Ocampo was born on the night of the worst storm Tres Montes had ever seen. And when the winds mercifully stopped, an unshakable belief in the girl's protective powers began. Sonia knows she has no special powers, but how can she disappoint those who look to her for solace?

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Half the students in U.S. schools are experiencing or have experienced trauma, violence, or chronic stress. Much has been written about these students from a therapeutic perspective, especially regarding how to provide them with adequate counseling supports and services. Conversely, little has been written about teaching this population and doing so from a strengths-based perspective.

Using real-world examples as well as research-based principles, this book shows how to

Identify inherent assets that students bring to the classroom.

Connect to students' experiences through instructional planning and delivery.

Foster students' strengths through the use of predictable routines and structured paired and small-group learning experiences.

Develop family and community partnerships.

Experts Debbie Zacarian, Lourdes Alvarez-Ortiz, and Judie Haynes outline a comprehensive, collaborative approach to teaching that focuses on students' strengths and resiliency. Teaching to Strengths encourages educators to embrace teaching and schoolwide practices that support and enhance the academic and social-emotional development of students living with trauma, violence, and chronic stress.

Preview the content!

You can read an excerpt adapted for Colorín Colorado in this article.

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Teaching to Strengths: Supporting Students Living with Trauma, Violence, and Chronic Stress

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Half the students in U.S. schools are experiencing or have experienced trauma, violence, or chronic stress. Much has been written about these students from a therapeutic perspective, especially regarding how to provide them with adequate counseling supports and services. Conversely, little has been written about teaching this population and doing so from a strengths-based perspective.

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In 2007, Los Angeles Times reporter Sonia Nazario published Enrique's Journey, a book based on her Pulitzer-Prize winning reports about a teenage boy's harrowing trip north to the U.S. from Honduras to find his mother, who had immigrated to the U.S. eleven years earlier. Sonia has now published a Young Adult version of the compelling and gritty book adapted for readers 12 and older.

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Enrique's Journey: The Story of a Boy's Dangerous Odyssey to Reunite with His Mother (Adapted for Young Adults)

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In 2007, Los Angeles Times reporter Sonia Nazario published Enrique's Journey, a book based on her Pulitzer-Prize winning reports about a teenage boy's harrowing trip north to the U.S. from Honduras to find his mother, who had immigrated to the U.S. eleven years earlier.

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Why are young people leaving their country to walk to the United States to seek a new, safe home? Over 100,000 such children have left Central America. This book of poetry helps us to understand why and what it is like to be them.

This powerful book by award-winning Salvadoran poet Jorge Argueta describes the terrible process that leads young people to undertake the extreme hardships and risks involved in the journey to what they hope will be a new life of safety and opportunity. A refugee from El Salvador's war in the eighties, Argueta was born to explain the tragic choice confronting young Central Americans today who are saying goodbye to everything they know because they fear for their lives. This book brings home their situation and will help young people who are living in safety to understand those who are not.

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We Are Like the Clouds/Somos como las nubes

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Why are young people leaving their country to walk to the United States to seek a new, safe home? Over 100,000 such children have left Central America. This book of poetry helps us to understand why and what it is like to be them.