Children’s Rights opposes changes to federal requirements for unaccompanied children and sponsors

Children’s Rights has submitted a public comment strongly urging the Department of Health and Human Services to withdraw proposed changes to regulations regarding unaccompanied immigrant children in government custody. The changes would keep children in government detention facilities longer, and discourage safe and willing sponsors – often relatives – from coming forward to bring them home. 

Our perspective is informed by decades of advocacy and litigation on behalf of children in government custody, as well as our role as co-counsel in the litigation enforcing the Flores Settlement Agreement, which oversees the treatment of children in immigration detention.

Sponsors and their household members would have to provide personal information without privacy assurances, and the narrowed list of acceptable documents could leave some potential sponsors out even though they could safely care for children. The proposed changes would also formalize a harmful practice Congress authorized last year – examining children for “gang-related” tattoos and marks, without even including safeguards for children.

Overall, the proposed changes would predictably and consistently exacerbate ongoing harm to children’s safety and well-being. Children’s Rights’ comment includes recommended policy changes centered on minimizing harm to children, eliminating prolonged detention stays, and sponsor vetting requirements designed to ensure safe placements for children in the least restrictive settings possible.

Children’s Rights is a national advocacy organization dedicated to improving the lives of children living in or impacted by America’s child welfare, juvenile legal, immigration, education, and healthcare systems. We use civil rights impact litigation, advocacy and policy expertise, and public education to hold governments accountable for keeping kids safe and healthy. Our work centers on creating lasting systemic change that will advance the rights of children for generations. For more information, please visit childrensrights.org.