How children in immigration custody are held and released to family

This page is general information, not legal advice. ORR changed many of its sponsor rules in 2025 and 2026 (ORR Policy Guide, Section 2), and a court case about them is still going on. Talk to an immigration lawyer or DOJ accredited representative before you apply.

If a child you love is in a shelter right now, we know how heavy that is. Many families have brought their children home through this process. It takes patience and careful paperwork, and you can do it with help.

Who holds the child, and where?

Children who arrive without a parent or legal guardian and have no lawful status are called "unaccompanied children" in the law. After Border Patrol or ICE picks them up, they are moved to the care of the Office of Refugee Resettlement (ORR). ORR is part of the U.S. Department of Health and Human Services. It is not an immigration enforcement agency.

ORR does not run most shelters itself. It funds care providers: shelters, group homes and foster homes around the country. Each child gets a case manager at the shelter. The case manager is the person you will talk to most.

The child may be far from you. That is normal. Where they stay does not decide who they can be released to.

Who can be a sponsor?

ORR releases children in this order of preference:

1. A parent
2. A legal guardian
3. An adult relative: brother, sister, aunt, uncle, grandparent or first cousin
4. An adult the parent or guardian names in a signed document
5. A licensed program willing to take legal custody
6. Another adult, when there is no other likely option

ORR sorts cases into groups. Category 1 is a parent or legal guardian. Category 2 is a sibling, grandparent or other close relative. Category 3 is a distant relative, an unrelated adult, or an organization. Category 4 means no sponsor has been found yet.

Family members in the U.S. can reach out first. You do not have to wait for ORR to find you. Call the National Call Center at 1-800-203-7001.

How does release work, step by step?

1. ORR finds possible sponsors. The case manager asks the child, and family, who could care for them.
2. You get the application packet. Within 24 hours of being identified, you get the Sponsor Application Packet. It includes the Sponsor Application, an Authorization for Release of Information, the Sponsor Care Agreement, fingerprint instructions, and a sponsor handbook. The case manager can help you fill it out by phone.
3. You send documents. See the list in the next section.
4. Background checks. You, every adult 18 and over who lives with you, and any backup caregiver give fingerprints and go through record checks.
5. Legal orientation. You should attend a short presentation from the Legal Orientation Program for Custodians. It explains your duty to get the child to court and how to find free legal help. ORR counts your attendance.
6. Home study, in some cases. A social worker visits your home. This is required, for example, when a parent cannot provide the required ID or address proof, when a sponsor is not biologically related, and for Category 3 sponsors.
7. Decision. ORR approves, approves with follow up services, asks for a home study, or denies.
8. Release. Once approved, ORR aims to release the child within 3 calendar days. You usually pick the child up, or meet an escort, and you usually pay for the child's travel.

If your application is still pending after 90 days, ORR reviews it and your case manager tells you what is missing.

What documents will I need?

ORR's current list asks every sponsor for:

• Your photo ID. Government issued and unexpired, from ORR's list. It includes a U.S. state driver's license or state ID card, a work permit with a photo, a green card or U.S. passport. Bring the same ID when you pick up the child.
• Photo ID for every adult in your home, and for any backup caregiver.
• Proof of address dated within the last month: a lease or mortgage statement, a utility bill in your name, a bank statement, a pay stub, or a state ID with your current address.
• Proof of income: last year's tax return, 60 days of pay stubs, a signed employer letter, benefit records, or a recent bank statement page. Affidavits of support from people who help you are also considered.
• A Social Security number or ITIN for you and every adult in the home. If you do not have an ITIN, ORR allows you to apply for one and send proof.
• The child's birth certificate.
• Proof of your relationship, such as birth or marriage certificates, court records, or a consulate letter. ORR requires DNA testing for parents, grandparents, aunts, uncles and siblings who claim a blood relationship.

Parents get some flexibility. A parent will not be denied only because of low income. ORR may make case by case exceptions to the ID, address, relationship and SSN or ITIN rules for parents, but that usually means a home study.

What are the risks if I have no papers?

This is the hardest question, and we will be honest.

What ORR's written policy says (checked October 19, 2026):

• ORR does not disqualify a sponsor only because of immigration status.
• ORR does not ask sponsors directly about immigration status.
• But the FBI fingerprint check searches DHS databases, and ORR says the FBI system automatically sends a notice to the DHS system when a record is searched.
• ORR may share potential sponsors' basic contact information with Homeland Security Investigations for human trafficking and smuggling investigations.
• If a sponsor has an outstanding removal order tied to a crime, ORR weighs that in its decision.

Before 2025, a federal rule said ORR would not reject sponsors based on immigration status or collect their information for enforcement. HHS changed that rule in March 2025. A lawsuit about the change, Angelica S. v. HHS, is still going on in federal court in Washington, D.C. On June 9, 2025, the judge partly blocked the new ID and income proof rules, but only for a group of children who were in ORR custody on or before May 8, 2025, and left the rest of the new rule in place. The children's lawyers then asked the court to strike the rule down. As of the court record summary we read on October 21, 2026 (Civil Rights Litigation Clearinghouse), no final ruling was listed. For a child who arrived after May 8, 2025, expect ORR's current rules to apply.

So: talk to an immigration lawyer before you or anyone in your home gives fingerprints. A lawyer can help you weigh the risk, think about which adult is the best sponsor, and prepare a plan for your own family in case something happens. See Make a family preparedness plan.

What if ORR denies my application?

You will get a written denial letter. Parents, legal guardians and close relatives (Categories 1 and 2) can appeal:

• Send a written appeal to the Assistant Secretary for the Administration for Children and Families within 30 business days of getting the final decision. Follow the instructions in the letter.
• You can ask for a hearing by phone or video, or a review on paper.
• A decision is due within 30 calendar days, unless more time is needed.

If your situation changes, for example someone moves out or you get new documents, you can apply again and explain what changed.

After your child is released to you: sponsor duties and next steps

When the child comes home, you sign the Sponsor Care Agreement. Release does not give the child legal status. Your promises include:

• Care. Provide food, shelter, clothing, medical care and schooling.
• School. Enroll the child and make sure they attend. In California, every child can go to public school. See Every child can go to public school.
• Court. Make sure the child goes to every immigration court date and ICE appointment.
• Address changes. Tell the immigration court within 5 days on Form EOIR-33. Tell USCIS within 10 days. Tell ORR within 30 days, for 3 years or until the child turns 18 or the case ends.
• Guardianship. If you are not the parent, make your best effort to become the child's legal guardian through a local court.
• Safety. Report abuse or threats to police or Child Protective Services within 24 hours. If the child goes missing, call the National Center for Missing and Exploited Children at 1-800-843-5678 and ORR within 24 hours.
• Work. If the child or you are forced to work, to pay off a debt, or in unsafe conditions, call the U.S. Department of Labor at 1-866-487-9243.

About 30 days after release, someone from ORR will call to check that the child is safe, in school, and knows about court. Answer the call. Some children also get post release services from a social worker.

Next steps in your first month:

1. Find the child's next court date at EOIR Automated Case Information or 800-898-7180.
2. Find a free lawyer for the child. California funds free legal help for unaccompanied children, including those living with a sponsor. See the California Department of Social Services page.
3. Ask the lawyer about protection the child may qualify for, such as asylum or SIJS.
4. Enroll the child in school and get a health checkup. In California, children 0 to 18 can get full Medi-Cal no matter their immigration status (income and other rules apply). From January 1, 2027, DHCS says children without satisfactory immigration status move from health plans to regular Fee for Service Medi-Cal; they keep full benefits, but the way they get care changes (DHCS, checked October 21, 2026).
5. Watch for signs of stress or trauma. See Where your child can get mental health help in California.

How do I avoid scams?

ORR, its shelters and its partners never charge a fee to release a child. Anyone who asks you for money to "speed up" a release or pay for a flight to a private account is likely a scammer. Report it to the shelter, ORR, or the National Call Center at 1-800-203-7001. See Warning signs of an immigration scam.

Who can help?

These are free or low cost groups and public programs. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• ORR National Call Center: 1-800-203-7001 (call or text), information@ORRNCC.com. For questions about a child in ORR care or after release.
• California Youth Legal Services for unaccompanied minors: CDSS program page.
• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Lists SIJS and asylum among its services, for people with low income in San Mateo and Santa Clara counties.
• More options: Free or low cost immigration legal help in the Bay Area and What immigration help for children costs.

Questions people ask

How long does release take? It varies a lot. Missing papers, fingerprints and home studies all add time. ORR reviews any case still pending after 90 days.

Can I talk to the child while I apply? Ask the case manager how and when you can be in contact.

I am not related, just a family friend. Can I sponsor? Possibly, as a Category 3 sponsor. You will need proof of a real relationship with the child or family from before the child came, and a home study is required.

Does the child still have a court case after release? Yes. Release is not permission to stay. The court case continues, and missing it can lead to a deportation order.

My child turns 18 soon. Does that change things? It can. Talk to a lawyer right away. See How your age can change your immigration options.

Is there a checklist I can print?

Bringing a child home takes courage. You are not alone in it, and every form you finish is a step closer.