OFFICE OF REFUGEE
RESETTLEMENT
DIVISION OF
UNACCOMPANIED
CHILDREN’S SERVICES
ORR-DUCS
AGENCY FLOW CHART
• United States Dept. of Health and Human
Services (HHS)
A) Administration of Children & Family
Services (ACF)
1) Office of Refugee Resettlement
(ORR)
a) Division of Unaccompanied
Children’s Services (DUCS)
LAW UNDER WHICH THE ORR
OPERATES
• Section 462 of the Homeland Security Act
of 2002 (6 U.S.C. §279) transferred
responsibility for the custody and care of
UAC from the Commissioner of the former
Immigration and Naturalization Service,
U.S. Department of Justice, to the Director
of the Office of Refugee Resettlement
within the Administration for Children and
Families of the U.S. Department of Health
and Human Services.
LAWS-CONTINUED
• The ORR also follows the requirements of the
Flores Settlement Agreement, Jenny Lisette
Flores, et al., v. Janet Reno, Attorney General of
the United States, et al., Case No. CV 85-4544RJK (C.D. Cal. 1996) which outlines detailed
provisions for ensuring that UAC are placed in
the least restrictive setting appropriate to the
UAC’s age and special needs while in
government custody and that they are promptly
reunited with family members in the U.S. when
such family is available and when such
reunification is appropriate.
LAW-CONTINUED
• William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008
– This Act mandates ORR/DUCS to take
additional precautions for children in care who
meet outlined categories.
Unaccompanied Alien Children
UAC
• DEFINITION OF UNACCOMPANIED ALIEN CHILDREN
• Section 462 of the Homeland Security Act of 2002 (6
USC §279) defines an
• unaccompanied alien child (UAC) as a child –
• 1) Who has no lawful immigration status in the United
States;
• 2) Who has not reached 18 years of age; and
• 3) With respect to whom • a) There is no parent or legal guardian in the United
States – or • b) There is no parent or legal guardian in the United
States available to provide care and physical custody.
ORR RESPONSIBILITIES
• Making and implementing placement decisions for the UAC
• Ensuring that the interests of the child are considered in decisions
related to the care and custody of UAC
• Reunifying UAC with qualified sponsors and family members who
are determined to be capable of providing for the child's physical
and mental well-being
• Providing home assessments for certain categories of UAC at risk
• Conducting follow-up services for certain categories of children
• Overseeing the infrastructure and personnel of ORR-funded UAC
care provider facilities
• Conducting on-site monitoring visits of ORR-funded care provider
facilities and ensuring compliance with DUCS national care
standards
Responsibilities-Continued:
• Collecting, analyzing, and reporting statistical information on UAC
• Providing training to federal, state, and local officials who have
substantive contact with UACs
• Developing procedures for age determinations and conducting these
determinations along with DHS
• Cooperating with the Department of Justice’s Executive Office for
Immigration Review to ensure that sponsors of UACs receive legal
orientation presentations
• Ensuring, to the greatest extent practicable, that all UAC in custody
have access to legal representation or counsel
• Granting specific consent for state court jurisdiction over children
UAC DEMOGRAPHICS
• UAC have indicated that, among other reasons, they leave their
home countries for the U.S. to rejoin family already in the U.S., to
escape abusive family relationships in the home country, or to find
work to support their families in the home country.
• ORR has approximately 7,200 UAC a year in its facilities. The
average length of stay is approximately 55 days before children are
released to family members and other sponsors, or before aging out
or before being returned to their home countries.
• In FY08, the numbers of children in ORR custody and care ranged
from approximately 800 to 1,500. Of those, 78% were male and 22%
female; 13% were below the age of 14.
• The most common native countries of UAC are Honduras,
Guatemala, and El Salvador.
• Native Countries of UAC in FY08 Honduras 30.8% Guatemala
27.4% El Salvador 23.4% Mexico 10.6% Ecuador 3.2% Nicaragua
0.8% Brazil 0.5% Other 2.7%
ORR-UAC SERVICES
• The majority of children are cared for through a network of ORRfunded care provider facilities, most of which are located close to
areas where immigration officials apprehend large numbers of
aliens. There are currently more than 41 ORR-funded care provider
facilities in 10 different states.
• Care provider facilities are state licensed and must meet ORR
requirements to ensure a high level of quality of care. The facilities,
which operate under cooperative agreements and contracts, provide
children with classroom education, health care,
socialization/recreation, vocational training, mental health services,
family reunification, access to legal services, and case
management. Care provider facilities’ case management teams use
effective screening tools to assess children for mental health and
victim of trafficking issues.
ORR-UAC PLACEMENT
• ORR places UACs in the least restrictive
environment which meets the minor’s care
needs.
• Placements Types:
– Shelter
– Staff-Secure: Staff-secure care providers
provide a heightened level of staff supervision,
communication, and services to control problem
behavior and prevent runaways.
– Secure: A secure care provider is designed for an
UAC who requires very close supervision and may
need the additional internal controls and physical
structure of a secure facility.
WEST COAST POINTS OF
CONTACTS
• Richard Zapata, Federal Field Specialist
(202)380-6894
richard.zapata@acf.hhs.gov
Ivonne Velazquez, Federal Field Specialist
Supervisor
(202) 281-9535
ivonne.velazquez@acf.hhs.gov;
Alex Sanchez, Federal Field Specialist
(202) 494-0392
alex.sanchez@acf.hhs.gov