Hello Family Reunification Partners,
First, we would like to clarify the Operational Directive from June 10th as there have been some questions. The directive indicated that effective June 10th, ORR will no longer be sharing and verifying the immigration status of sponsors. If a sponsor refuses to report on their immigration status, ORR will presume immigration status is "unknown-presumed without status." If "unknown," sponsors will be required to identify an alternate care provider. In cases of a home study, where the sponsor's status is "unknown," home study workers should attempt to have the identified alternate care provider participate in the home study process.
The June 10th directive also indicated that felonies listed below would not categorically deny a Category 1 sponsor from proceeding with sponsorship, but it would automatically deny Category 2 and 3 sponsors from proceeding:
(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.
Secondly, on June 18th, USCCB/MRS participated in an ORR Policy call which addressed changes in release decision and sponsor categories which is effective immediately and until further notice. The policy below will primarily serve for your situational awareness and we do not anticipate a direct impact of this policy on our network.
Category 2 sponsors are being broken up into two sub-categories: Category 2A and Category 2B.
Category 2A sponsors that are grandparents and adult siblings, regardless of their previous relationship with the child; or, other close relatives who were primary caregivers to the child (i.e., provided physical care/custody). Half-siblings and step-siblings from a verified marriage would be considered 2A.
Category 2B are uncles, aunts, first cousins, and in-laws who were not primary caregivers to the child.
Category 2A sponsors do not require fingerprint background checks unless:
- A public records check reveals possible disqualifying factors under ORR policy 2.7.4;
- There is a documented safety risk to the child;
- The child is especially vulnerable; and/or
- The case is being referred for a home study.
Category 2B sponsors will still require fingerprint background checks.
Additionally, effective June 18th, ORR is no longer universally requiring CA/N (Child Abuse and Neglect) checks of Category 3 sponsors; however, CA/N checks will be required for any sponsor category when the case has been referred for a home study or a special concern is identified. ORR is also not withholding the release of a child due to CA/N checks unless a CA/N check was required as indicated.
ORR is in the process of updating the specifically related policy sections to the policies above and they anticipate those changes will come out next week. As a result, the Program Operations Manual for Family Reunification will be updated and those updated sections will be disseminated to the network.
If you have any questions on the updated policies above, please do not hesitate to contact me or your assigned Children's Services Specialist.
