The Trump administration rolled back a rule at the Office of Refugee Resettlement (ORR) that prevented sharing information on immigration status with authorities. The policy, introduced under President Joe Biden, is being rescinded after officials stated it directly conflicted with federal law and caused critical gaps in child protection.
Rescinding rule to protect migrant children
This change comes as part of efforts to improve the safety and care of unaccompanied migrant children. Many of these children, who arrive without a parent or guardian, have been at risk of falling through the cracks in the immigration system. The new policy change ensures proper placement, care and services for these vulnerable minors.
When unaccompanied minors enter the U.S. illegally, border agents detain them before transferring them to the Department of Health and Human Services (HHS). HHS then places the children with sponsors, who are not always required to be family members.
Trump officials cited two laws when they announced the policy change was in effect on Tuesday, March 25, in the Federal Register.
Under the new rule, the ORR, HHS and Immigration and Customs Enforcement (ICE) will be able to better coordinate efforts to track the status of unaccompanied children.
Inspector general’s findings: Gaps in monitoring
However, between 2019 and 2023, ICE transferred over 448,000 children to HHS, with 32,000 missing their scheduled immigration court hearings, which left them unmonitored and potentially at risk. Additionally, more than 291,000 children had not received a notice to appear in court.
The Office of Inspector General’s report in August 2024 revealed that ICE’s lack of automated processes, poor coordination and resource limitations have resulted in inadequate oversight.
Without proper monitoring, ICE cannot guarantee that these children are safe from trafficking or exploitation.
Investigation into HHS, stronger oversight
In February, Trump administration officials announced that HHS would begin an investigation to locate children who may have fallen into the clutches of human traffickers.
This move follows multiple instances of sexual abuse at 27 shelters operated by the Southwest Key Programs Group, prompting HHS to stop sending unaccompanied children to these facilities in March.
HHS Secretary Robert F. Kennedy Jr. emphasized the urgency, stating it’s time to end the abuse of innocents and human trafficking.
Along with these updates, the Office of Refugee Resettlement is also implementing stronger vetting procedures for sponsors and creating more robust oversight for unaccompanied minors, aiming to prevent further abuse and ensure children’s safety.