Your rights when immigration agents check on a child

This page is about visits and calls to check on a child released to a sponsor. For your rights in other encounters, see Red cards: know your rights cards. This is general information, not legal advice. Talk with an immigration lawyer about your family.

Who is checking on children, and why?

There are two very different kinds of contact. Know which one you are dealing with.

1. ORR's follow up call. The Office of Refugee Resettlement (ORR) is the federal office that cared for the child in a shelter and released the child to you. ORR's rules say its staff, contractors or care providers must call the child and the sponsor about 30 days after release. They ask whether the child still lives with you, goes to school, knows the next court date and is safe. This is a phone call, not a visit from agents.

2. Home visits by immigration agents. ICE says that starting in February 2025, Homeland Security Investigations (HSI), part of ICE, began what it calls "welfare checks" on children who came alone. We did not find an official statement on whether the checks are still going on as of October 21, 2026, so plan as if they could happen. ICE says the checks look at whether children get proper care, go to school, follow their immigration case and are not being trafficked or abused. ICE also says that if agents meet people in the home who are in the U.S. unlawfully, they take them into custody, and that unaccompanied children found to be here unlawfully are sent back to ORR custody.

That is the real risk. A visit called a "welfare check" can lead to arrests. Legal groups report that agents may come in uniform or plain clothes, may call first, may leave a note asking you to call, and have sometimes gone to schools.

Do we have to open the door?

No. You do not have to open the door to immigration agents unless they have a warrant signed by a judge. Legal groups say agents doing these checks usually do not have one. An immigration form signed by an immigration officer, called an administrative warrant, does not let agents enter your home.

• Keep the door closed. Talk through the door or a window.
• Ask them to slide any warrant under the door or hold it to the window.
• Check for a judge's signature and a court name.
• If they force their way in, say clearly, "I do not consent to this search." Do not resist or physically try to stop them.

If you open the door, it gets harder to refuse questions, and agents may come in. If you do not answer, agents may come back another day.

Do we have to answer questions?

No. Everyone in the U.S. has the right to remain silent, whatever their immigration status. That includes the child, the sponsor and everyone else in the home.

• The young person does not have to talk to agents. Legal groups advise children to speak only with a trusted adult present, and to share nothing about other people in the home.
• The sponsor does not have to share their own immigration status. Legal groups advise sponsors who choose to speak to answer only about the child's well being, and to send agents to the child's lawyer.
• Other adults in the home do not have to answer anything about the child, themselves or others.
• Do not sign anything before talking with a lawyer.

If the child has a lawyer, call them right away. A lawyer may be able to arrange any check at their office instead of your home.

What is ORR's 30 day call?

It is ORR's routine Safety and Well Being Follow Up Call. ORR's rules say it happens about 30 days after release unless the child is already getting ORR post release services. If the caller sees the family needs more support, they must give you the ORR National Call Center's contact details. The number is 1-800-203-7001 (call or text), and the email is information@ORRNCC.com. ORR says it does not charge sponsors any fee. Report anyone who asks you for money to that same number. If the child seems unsafe, they must report it to child protection or police.

ORR also shares information with DHS. Its rules say it notifies DHS before a child is released, sends DHS a discharge notice after, and sends change of address notices to ICE's lawyers and the immigration court. Before you answer any call or visit, ask a lawyer what is wise for your family.

What does a sponsor still have to do?

When you took the child, you signed a Sponsor Care Agreement. These duties remain, whatever happens with home visits. ORR's policy guide lists them, including:

• Care for the child: food, a home, medical care, and the child's physical and mental well being.
• School: enroll the child and make sure they attend.
• Court: make sure the child goes to every immigration court hearing. Missing a hearing can lead to a deportation order.
• Address changes: tell the immigration court within 5 days on Form EOIR-33; USCIS within 10 days on Form AR-11; and ORR within 30 days, for 3 years after release or while getting post release services.
• Guardianship: sponsors who are not the parent must make their best effort to get legal guardianship through a local court. See Who can care for my children if I am detained.
• Safety: report abuse or neglect to police or child protective services within 24 hours. Report forced work to the U.S. Department of Labor.

The duties in ORR's policy guide do not mention letting agents into your home or answering their questions. We did not read your signed agreement, so bring a copy to a lawyer and ask.

What if someone in the home has a removal order?

Then a visit carries more risk. Legal groups report that agents have been told to enforce removal orders during these visits, and anyone in the home with an order could be arrested. Talk with a lawyer now about your options. Make sure the child has a backup caregiver. See Make a family preparedness plan.

What if they take the child?

ICE says unaccompanied children found to be here unlawfully are transferred to ORR custody.

1. Call the child's lawyer, or a rapid response hotline: San Mateo County (203) 666-4472, Santa Clara County (408) 290-1144.
2. Write down the date, time, names, badge numbers and what was said.
3. Find out where the child is held and how to get them released. See When children are in immigration custody.
4. If an adult was taken, see How to find a family member detained by ICE.

What mistakes should we avoid?

• Opening the door to see what agents want.
• Letting the child answer questions alone.
• Missing a court date out of fear. Ask a lawyer to help you go safely.
• Not updating the address with the court. Notices go to the old address, and a missed hearing can mean a deportation order.
• Paying a notario. Only licensed attorneys and DOJ accredited representatives can give immigration legal advice. See Warning signs of an immigration scam.

Who can help?

These are free public offices and nonprofit legal services. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Youth Legal Services (California Department of Social Services): funds free nonprofit lawyers for unaccompanied immigrant children living with a sponsor in California, including deportation defense, Special Immigrant Juvenile Status, asylum, and T and U visas. Use the regional provider list on its page, or email YLSProgram@dss.ca.gov.
• Community Legal Services in East Palo Alto (CLSEPA): (650) 326-6440. Represents juveniles and adults in deportation cases, for low income residents of San Mateo and Santa Clara counties. Walk ins Monday to Friday, 9 a.m. to 1 p.m., 1861 Bay Road, East Palo Alto.
• Rapid response: San Mateo County (203) 666-4472; Santa Clara County (408) 290-1144. Both 24 hours.
• ORR National Call Center: 1-800-203-7001, call or text, for sponsor questions and to report fee requests.
• Outside California: the DOJ list of free legal service providers.
• More: Free legal help in the Bay Area.

Questions people ask

Is a "welfare check" the same as a visit from a social worker? No. ICE says Homeland Security Investigations agents do these checks. A county social worker is different.

Will refusing make things worse? Agents may return. Staying silent and keeping the door closed are your rights. Talk with a lawyer about your family's risks.

Can agents talk to the child at school? California schools may not let immigration agents into nonpublic areas or share student information without a judicial warrant, judicial subpoena or court order. See If immigration agents come to my child's school.

The child turned 18. Do these rules still apply? The right to stay silent and keep the door closed applies to everyone. Ask a lawyer how turning 18 affects the child's case.

Where can I see the child's court date? Call 1-800-898-7180 or use the ACIS website with the A number.

What should we say at the door?

Caring for a child who came here alone is brave and loving work. You are not breaking any rule by knowing your rights. Get a lawyer on your side, and keep going.