HHS updates unaccompanied children foundational rule to track statutory text

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

Operative dateMarch 25, 2025

CategoryHumanitarian, other

Policy toolProcessing

Policy effect

HHS issued an interim final rule revising an ORR unaccompanied children regulation to accord with the express language of governing statutes on placement, care, and services.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Director of Policy, Division of Unaccompanied Children Policy, Unaccompanied Children Bureau, Office of Refugee Resettlement, Administration for Children and Families, Department of Health and Human Services, Washington, DC, (202) 205-4440 or UCPolicy-RegulatoryAffairs@acf.hhs.gov. SUPPLEMENTARY INFORMATION: I. Executive Summary This interim final rule (IFR) removes a specific provision of the Code of Federal Regulations introduced by the April 30, 2024 “Unaccompanied Children Program Foundational Rule” (Foundational Rule) at 45 CFR 410.1201(b). This provision precludes ORR from “shar[ing] any immigration … the Foundational Rule was 8 U.S.C. 1373 even mentioned, even though the information-sharing provision of the Foundational Rule, 45 CFR 410.1201(b), obviously and directly contravenes that statutory limit. Thus, ORR must update the Foundational Rule to strike 45 CFR 410.1201(b), effective immediately.[1] That is, ORR removes the prohibition on sharing immigration status information relating to potential sponsors with law enforcement and immigration enforcement entities. III. Good Cause for Issuing This IFR Under the Administrative Procedure Act, 5 U.S.C. 553(b)(B), notice and public comment is not … Services. For the reasons set forth in the preamble, ORR amends 45 CFR part 410 to read as follows: PART 410—CARE AND PLACEMENT OF UNACCOMPANIED CHILDREN 1. The authority citation for part 410 continues to read as follows: Authority: 6 U.S.C. 279, 8 U.S.C. 1232. § 410.1201 [Amended] 2. Amend § 410.1201 by removing paragraph (b) and redesignating paragraph (c) as paragraph (b). Footnotes 1. The Foundational Rule contains a severability provision. 45 CFR 410.1000. 45 CFR 410.1201(b)'s parts are inextricably linked and there was no indication in the Foundational Rule that it was intended to treat …

Federal Register 90 FR 13554Federal Register 90 FR 13554. HHS updates unaccompanied children foundational rule to track statutory text. Effective 2025-03-25.Open official source

Retrieved from https://www.federalregister.gov/documents/2025/03/25/2025-04971/unaccompanied-children-program-foundational-rule-update-to-accord-with-statutory-requirements

Review method

Two separate automated exact-claim source reviews

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HHS updates unaccompanied children foundational rule to track statutory text

Policy effect

Official source excerpt

Review method

Other United States changes operative in 2025