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ORR Operational Directive: June 10, 2019
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Hello Family Reunification Partners,
Please read below the ORR Operational Directive that was disseminated June 10th, 2019 and is effective immediately until further notice. Please note that this directive is a FYI and is mainly directed towards shelter programs.
- ORR is suspending the reconciliation of the ICE background check results from sponsors (or others) who require fingerprint background checks. ORR continues to obtain fingerprint checks conducted by the FBI (which are routed through DHS sources, including ICE). However, ORR is suspending the downloading of the ICE background check results (the immigration status verification checks).
- HS/PSC is no longer updating immigration status information in the UAC Portal. HHS/PSC is no longer sending immigration status verification notices to ORR or ORR grantees.
- Case Managers continue to collect sponsor immigration status information. If a sponsor refuses to provide evidence of immigration status but the Case Manager believes the sponsor is undocumented or out of status, ORR presumes the sponsor's immigration status is "unknown-presumed without status" for record keeping purposes. ORR may update the UAC Portal, as appropriate.
- Case Managers must inform subjects of fingerprint background checks on the current restrictions on DHS' ability to target a subject (using information from the ORR background check process) for immigration enforcement purposes, unless the subject of the check has been charged or convicted of a felony, other crime, or has certain associations.
- Through September 30, 2019, DHS is restricted from using a background check subject's information for immigration enforcement actions such as placing a subject in detention, removal, referring the individual for a decision on removal, or starting removal proceedings. Generally stated, they include: certain felonies; an association with a business that employs minors and does not pay a legal wage or prevents the minor from going to school; or an association with prostitution.
- The felonies include: (A) an aggravated felony as defined in 8 U.S.C. 1101(a)(43)); (B) child abuse; (C) sexual violence or abuse; or (D) child pornography. Please note that aggravated felony, as defined in 8 U.S.C. § 1101(a)(43), includes a listing of 21 different kinds of crimes.
- If the subject of the check is concerned about having been charged or convicted of a crime, Case Managers should request that the subject talk to an attorney about whether their criminal history would fit the definition.
- For now, Congress wrote the prohibition to be in effect through September 30, 2019, through the DHS appropriation. ORR does not know if it will continue beyond that date. Congress may impose these same restrictions, different restrictions, or not restrict DHS in the future. See, Consolidated Appropriations Act, 2019. Pub. L. 116-6, Division A, Title II, §224.
If you have any questions regarding this operational directive or other ORR policy or procedure, please contact you assigned Children's Services Specialist.
Simy Cuervo, LPC
Children's Services Specialist
USCCB/MRS/Children's Services
Family Reunification Team
7855 NW 12th Street
Miami, FL, 33126
305-541-8100 x241 ph
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3211 Fourth Street, NE Washington, DC 20017
Phone: (202) 541-3341 Fax: (202) 722-8711
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