(NewsNation) — The Office of Refugee Resettlement has changed its policy on how sponsors or family members for children who crossed the U.S.-Mexico border unaccompanied by an adult guardian or parent verify their identification, which some groups fear places them at risk with federal immigration enforcement officers and agents.
Until recently, family members and sponsors were permitted to provide identification electronically. But under the policy change, those adults must now show up in person for interviews, where they could be interviewed by immigration enforcement officers, The Associated Press reported.
An ORR spokesperson told NewsNation on Tuesday that agency staff members require that sponsors provide a valid ID in person at the time of a child being released into their custody.
The office, which is part of the U.S. Health and Human Services Department, is responsible for taking custody of children who enter the United States without a parent or guardian. NewsNation previously reported that more than 13,000 migrant children who arrived at the southern border without supervision have been located, an HHS spokesperson confirmed.
Under the Biden administration, 320,000 unaccompanied children crossed the border, the Department of Homeland Security’s Office of Inspector General has previously said. In March, a report issued by the office said that ICE has been unable to effectively monitor more than 600,000 unaccompanied children who crossed the southern border since 2019.
While the Office of Refugee Resettlement is not a law enforcement or immigration enforcement agency, it is directed by the Homeland Security Act of 2022 to provide care for these children and placement with a fully vetted family member or sponsor.
The HHS spokesperson said that as part of the communication process between the office and sponsors, sponsors are “clearly and proactively” informed that Immigration and Customs Enforcement, Homeland Security Investigations or other law enforcement may be present at the time that the identification verification takes place.
The policy does not require sponsors to participate in HSI interviews as a condition of release for the child. The spokesperson said that this dismisses the notion that declining to be interviewed has a bearing on whether that person can sponsor a child. The agency defers to DHS on any immigration enforcement actions that take place during those interviews.
“The goal is to ensure that every child is released to a stable and safe environment and fully vetted sponsors by ensuring the purported sponsor is the same individual submitting supporting documentation, including valid ID,” the ORR spokesperson said in a statement provided to NewsNation.
On Wednesday, a DHS spokesperson told NewsNation that any allegations that ICE is arresting parents trying to be reunited with their children who crossed the border unaccompanied are false.
“HSI vets’ sponsors for unaccompanied minors to ensure the safety of the child,” the spokesperson said. “If HSI uncovers a criminal background, they will of course make an arrest.”
In addition, HHS said that children in custody of ORR have access to legal counsel and that while in ORR, children can reach out to their attorney of record at any time.
However, these allowances for children in ORR custody do not calm the fears of immigration rights groups, which believe that the family members or sponsors could be walking into a “built-in opportunity” to be arrested by federal immigration enforcement, Neha Desai, managing director of human rights at the National Center for Youth Law, told the AP.
“We know of sponsors who are deeply, deeply fearful because of this interview, but some are still willing to go forward given their determination to get their children out of custody,” she said.
As of last October, more than 43,000 unaccompanied children who were served with court orders did not show up for scheduled court dates. In addition, 31,000 of those who were released to sponsors had release forms that did not include addresses, had missing apartment numbers or were undeliverable, the inspector general’s office said in its report.