C.F.R. » Title 45 » CHAPTER IV—OFFICE OF REFUGEE RESETTLEMENT, ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › PART 410—CARE AND PLACEMENT OF UNACCOMPANIED CHILDREN › Subpart C—Releasing an Unaccompanied Child From ORR Custody

45 C.F.R. § 410.1201

Sponsors to whom ORR releases an unaccompanied child

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(a) Subject to an assessment of sponsor suitability, when ORR determines that the detention of the unaccompanied child is not required either to secure the child's timely appearance before DHS or the immigration court, or to ensure the child's safety or that of others, ORR shall release a child from its custody without unnecessary delay, in the following order of preference, to:

(1) A parent;

(2) A legal guardian;

(3) An adult relative;

(4) An adult individual or entity designated by the parent or legal guardian as capable and willing to care for the unaccompanied child's well-being in:

(i) A declaration signed under penalty of perjury before an immigration or consular officer; or

(ii) Such other document that establishes to the satisfaction of ORR, in its discretion, the affiant's parental relationship or guardianship;

(5) A licensed program willing to accept legal custody; or

(6) An adult individual or entity seeking custody, in the discretion of ORR, when it appears that there is no other likely alternative to long term custody, and family unification does not appear to be a reasonable possibility.

(b) In making determinations regarding the release of unaccompanied children to potential sponsors, ORR shall not release unaccompanied children on their own recognizance.

[89 FR 34584, Apr. 30, 2024, as amended at 90 FR 13556, Mar. 25, 2025]
Notes of Decisions
Cited in 4 cases (4 in the last 5 years), 2025–2026 · leading case: N. v. U.S. Dep't of Health & Human Servs..
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N. v. U.S. Dep't of Health & Human Servs. (D.D.C. 2026). · cites it 2× “45 C.F.R. § 410.1201 (a). The Rule requires that potential sponsors apply and undergo vetting by ORR to determine their suitability.”
Angelica S. v. U.S. Dep't of Health & Human Servs. (D.D.C. 2025). “45 C.F.R. §410.1201 (b) (2024); see 90 Fed.”
A.N.P.S. (N.D. Ill. 2025). “§ 1232 (c)(3)(A); 45 C.F.R. § 410.1201 (a), 1202(b). ANALYSIS I.”
Perry (E.D. Va. 2026). “19 See 45 C.F.R. § 410.1201 (providing that when ORR determines detention is not required to secure the child’s appearance or ensure safety, ORR “shall release” the child to an appropriate sponsor without unnecessary delay).”
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