Notice2026-19755
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 28, 2026
Effective
October 28, 2026
Issuing agencies
Health and Human Services DepartmentChildren and Families Administration
Abstract
In accordance with the requirements of the Privacy Act of 1974, as amended, the Department of Health and Human Services (HHS) is modifying an existing system of records maintained by the Office of Refugee Resettlement (ORR) within HHS' Administration for Children and Families (ACF), System No. 09-80-0321, ORR Unaccompanied Children Bureau (UCB) Administrative Program Records. The system of records covers records about unaccompanied children, their intended sponsors, and members of the intended sponsors' households, used in administering ORR programs that provide for the children's care and placement. This modification includes changing the system of records name to "ORR Unaccompanied Alien Children Bureau (UACB) Administrative Program Records" and streamlining certain routine uses to enhance information sharing capabilities for child protection purposes while maintaining core privacy protections.
Full Text
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<title>Federal Register, Volume 91 Issue 186 (Monday, September 28, 2026)</title>
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[Federal Register Volume 91, Number 186 (Monday, September 28, 2026)]
[Notices]
[Pages 61234-61240]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19755]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Privacy Act of 1974; System of Records
AGENCY: Office of Refugee Resettlement (ORR), Administration for
Children and Families (ACF), Department of Health and Human Services
(HHS).
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, the Department of Health and Human Services (HHS) is
modifying an existing system of records maintained by the Office of
Refugee Resettlement (ORR) within HHS' Administration for Children and
Families (ACF), System No. 09-80-0321, ORR Unaccompanied Children
Bureau (UCB) Administrative Program Records. The system of records
covers records about unaccompanied children, their intended sponsors,
and members of the intended sponsors' households, used in administering
ORR programs that provide for the children's care and placement. This
modification includes changing the system of records name to ``ORR
Unaccompanied Alien Children Bureau (UACB) Administrative Program
Records'' and streamlining certain routine uses to enhance information
sharing capabilities for child protection purposes while maintaining
core privacy protections.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is
effective October 28, 2026, subject to a 30-day period in which to
comment on the revisions described below and is intended to provide
edits to the notice as a whole. Please submit any comments by October
28, 2026.
ADDRESSES: The public should address written comments on this notice to
Toby Biswas, Assistant Deputy Director for Policy, Office of Refugee
Resettlement, Administration for Children and Families, by mail at 330
C Street SW, Washington, DC 20201, or by email at <a href="/cdn-cgi/l/email-protection#c297838192adaeaba1bbef90a7a5b7aea3b6adb0bb83a4a4a3abb0b182a3a1a4ecaaaab1eca5adb4"><span class="__cf_email__" data-cfemail="ffaabebcaf9093969c86d2ad9a988a939e8b908d86be99999e968d8cbf9e9c99d197978cd1989089">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: General questions about the modified
system of records may be submitted to Toby Biswas, Assistant Deputy
Director for Policy, Office of Refugee Resettlement, Administration for
Children and Families, by mail or email at 330 C Street SW, Washington,
DC 20201, or <a href="/cdn-cgi/l/email-protection#e1b4a0a2b18e8d888298ccb38486948d80958e9398a0878780889392a1808287cf898992cf868e97"><span class="__cf_email__" data-cfemail="cf9a8e8c9fa0a3a6acb6e29daaa8baa3aebba0bdb68ea9a9aea6bdbc8faeaca9e1a7a7bce1a8a0b9">[email protected]</span></a>, or by phone at
(202) 205-4440.
SUPPLEMENTARY INFORMATION:
I. Modifications to SORN 09-80-0321
In addition to adding ``alien'' to the system of records name, the
Office of Refugee Resettlement (ORR) is revising three routine uses in
this system of records to streamline information sharing standards for
clarity, while maintaining core privacy protections. The revised
routine uses will ensure that information can be shared more
efficiently with the Department of Homeland Security (DHS) and law
enforcement entities for legally permissible purposes such as
protecting children from dangerous crimes including trafficking, while
continuing to prohibit information sharing for immigration enforcement
purposes. The revisions made to routine uses are as follows:
<bullet> In Routine use 5, Disclosure to Department of Homeland
Security, the introductory sentence that precedes the itemized list of
disclosure purposes now states an overall disclosure purpose (i.e.,
``purposes related to child safety and welfare and not immigration
enforcement, including but not limited to the following purposes''),
and the itemized list includes these changes:
[cir] Purposes a. and f. now include the word ``alien'' before
``child'' and
[[Page 61235]]
``children,'' to better align with statutory terminology.
[cir] Purpose b. no longer cites 45 CFR part 410 or 45 CFR part 411
as sources of applicable information sharing restrictions, because
those restrictions do not apply to information disclosed for the
purpose described in b., i.e., continuity of care.
[cir] Purpose g. has been changed from ``[f]acilitating human
trafficking investigations by DHS Homeland Security Investigations
(HSI) to ensure child safety'' to ``[t]he limited purpose of
facilitating human trafficking investigations by DHS, U.S. Immigration
and Customs Enforcement/Homeland Security Investigations (HSI) to
ensure child safety and protect children from dangerous crimes
including trafficking.''
In the paragraphs at the end of routine use 5, ORR has removed the
general procedural requirement for an express written advisory while
maintaining the substantive prohibition against sharing information for
immigration enforcement purposes. Because the Privacy Act defines
``routine use'' as ``the use of such record for a purpose which is
compatible with the purpose for which it was collected,'' 5 U.S.C.
552a(a)(7), ORR finds that this additional procedural requirement is
unnecessary. ORR is not an immigration enforcement entity and does not
collect information for immigration enforcement purposes. Rather,
sharing under this routine use is for purposes of advancing ORR's
statutory responsibilities (e.g., protecting child welfare, enhancing
the potential sponsor vetting process). By making this change, ORR
seeks only to streamline procedural requirements to share information
under Routine Use 5, so as to remove impediments to sharing information
with the Department of Homeland Security in a manner that is compatible
with the purpose for which ORR collected it. The routine use has also
been expanded to explicitly include sharing information with DHS for
criminal investigations to protect children from dangerous crimes
including trafficking.
<bullet> Routine use 6, Disclosure for Law Enforcement, Child
Welfare Investigation, and State Licensing Purposes, has been revised
to remove the procedural requirements that ORR determine each
disclosure is in the best interest of the child and expressly prohibit
further uses and disclosures by the recipient, while maintaining (in
revised form) the substantive prohibition against sharing information
for immigration enforcement purposes and adding a citation to 8 U.S.C.
1373. Because the Privacy Act at 5 U.S.C. 552a(a)(7) defines ``routine
use'' as ``the use of such record for a purpose which is compatible
with the purpose for which it was collected,'' ORR finds that the
additional procedural requirements are unnecessary. ORR is not a law
enforcement, state child welfare investigatory, or state licensing
entity, and does not collect information for those enforcement
purposes. Rather, sharing under this routine use is for purposes of
advancing ORR's statutory responsibilities (e.g., protecting child
welfare, enhancing the potential sponsor vetting process, overseeing
the infrastructure and personnel or facilities in which unaccompanied
alien children reside). By making this change, ORR seeks only to
streamline procedural requirements for sharing information under this
Routine Use 6, so as to remove impediments to the sharing of
information with law enforcement, child welfare investigation, and
State Licensing entities in a manner that is compatible with the
purpose for which ORR collected it. In making these changes, ORR
further notes that the procedural requirement to require express
written advisory that no other uses of the information would be allowed
has been administratively burdensome for ORR to adopt and difficult to
implement. In some cases, this has hindered important criminal
investigations which serve the interests of children both in and out of
ORR care and are therefore not in line with ORR's statutory
responsibilities to protect child welfare. Broadly speaking, ORR has
also determined that it is in the best interest of children to
facilitate investigations into serious criminal conduct and therefore
has sought to remove the requirement for an individualized best
interest determination at the time of release of important information
that can be used to protect children from criminal actors. ORR has also
determined that this is in line with its statutory authorities.
<bullet> Routine use 20, Disclosure to Department of State, has
likewise been revised to remove the procedural requirements that ORR
determine each disclosure is in the best interest of the child and
expressly prohibit further uses and disclosures by the recipient (the
Department of State), while maintaining the substantive prohibition
against sharing information for immigration enforcement purposes. These
modifications maintain all substantive protections against sharing
information for immigration enforcement purposes, and against sharing
healthcare information, while removing procedural requirements that
could unnecessarily delay information sharing for legally permissible
child protection purposes. Again, because the Privacy Act defines
``routine use'' as ``the use of such record for a purpose which is
compatible with the purpose for which it was collected,'' 5 U.S.C.
552a(a)(7), ORR finds that the additional procedural requirements are
unnecessary. ORR is not an immigration enforcement entity and does not
collect information for immigration enforcement purposes. Rather,
sharing under this routine use is for purposes of advancing ORR's
statutory responsibilities (e.g., protecting child welfare, enhancing
the potential sponsor vetting process). By making this change, ORR
seeks only to streamline procedural requirements to share information
under this Routine Use 20, so as to remove impediments to sharing
information with the Department of State in a manner that is compatible
with the purpose for which ORR collected it.
<bullet> The next-to-last routine use Disclosure for Approved
Research Purposes, which, due to a formatting mistake was included at
the end of Routine use 22, is now separately set out and numbered at
Routine Use 23; and the last routine use, Disclosure to ACF
Unaccompanied Alien Children Office of the Ombuds, is now numbered as
Routine Use 24. In new Routine Use 23, ORR is also clarifying that ORR
may disclose information for research purposes and predictive modeling
to entities conducting relevant research that ORR determines contribute
to ORR's policymaking, operations, and mission of the UAC Bureau. For
example, under new Routine Use 23, ORR may share records from its
system of records with other Federal agencies, such as the Department
of Homeland Security's Office of Homeland Security Statistics, as well
as other such offices in the Department of Justice and the Department
of State, in order for ORR to receive statistical analysis and
reporting relevant to the mission of the UAC Bureau.
II. The Privacy Act
The Privacy Act of 1974, as amended (5 U.S.C. 552a), regulates the
collection, maintenance, use and dissemination of records about
individuals that are retrieved by personal identifier and collected,
used or disseminated by the agencies and departments of the Executive
Branch. The Privacy Act also mandates the publishing of system of
records notices (SORNs) for newly created and revised systems of
records. A ``system of records'' means a group of any records under the
control of any
[[Page 61236]]
[federal] agency from which information is retrieved by the name of the
individual or by some identifying number, symbol, or other identifying
particular assigned to the individual. The Privacy Act requires each
agency to publish in the Federal Register a SORN identifying and
describing each system of records the agency maintains, including the
purposes for which the agency uses information about individuals in the
system, the routine uses for which the agency discloses such
information outside the agency, and how individual record subjects can
exercise their rights under the Privacy Act.
As required by the Privacy Act at 5 U.S.C. 552a(r), HHS has sent a
report of this modified system of records to the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of Representatives, and
the OMB Office of Information and Regulatory Affairs.
Angie Salazar,
Acting Director, Office of Refugee Resettlement.
SYSTEM NAME AND NUMBER:
ORR Unaccompanied Alien Children Bureau (UACB) Administrative
Program Records, 09-80-0321.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The address of the component responsible for the system of records
is the Bureau of Operations, Office of Refugee Resettlement (ORR),
Administration for Children and Families (ACF), Department of Health
and Human Services (HHS), Mary E. Switzer Building, 330 C Street SW,
Washington, DC 20201.
SYSTEM MANAGER(S):
Principal Deputy Director, Office of Refugee Resettlement,
Administration for Children and Families, Mary E. Switzer Building, 330
C Street SW, Washington, DC 20201, <a href="/cdn-cgi/l/email-protection#f3a6b0a39c9f9a908adea19694869f92879c818ab29595929a8180b3929095dd9b9b80dd949c85"><span class="__cf_email__" data-cfemail="702533201f1c1913095d221517051c11041f020931161611190203301113165e1818035e171f06">[email protected]</span></a>, (202) 401-9246.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
6 U.S.C. 279 and 8 U.S.C. 1232.
PURPOSE(S) OF THE SYSTEM:
The records are used within HHS/ACF/ORR to administer the
Unaccompanied Alien Children Bureau (UCB) program, the purposes of
which are:
<bullet> to provide care and custody of unaccompanied alien
children transferred to ORR custody until (1) their release to a family
member or sponsor in the United States or abroad, in appropriate cases,
(2) their removal to their home country by Department of Homeland
Security (DHS) immigration officials, (3) they receive lawful
immigration status, or (4) they turn 18 years of age;
<bullet> to assess the suitability of sponsors of unaccompanied
alien children; and
<bullet> to provide post-release services to alien children
released from ORR custody.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records are about these categories of individuals:
<bullet> Unaccompanied alien children (UAC), which include:
[cir] unaccompanied alien children currently and formerly in ORR's
care and custody by reason of their immigration status;
[cir] children of unaccompanied alien children who are housed
together with their unaccompanied alien child parents who are in ORR
custody;
[cir] unaccompanied alien children who later receive an adjustment
of status or become U.S. citizens; and
[cir] children referred to ORR as likely to be an unaccompanied
alien child;
<bullet> sponsors and potential sponsors of unaccompanied alien
children;
<bullet> members of a sponsor's or potential sponsor's household
(including both U.S. and non-U.S. citizens),
<bullet> adult caregivers identified in a sponsor care plan
(including both U.S. and non-U.S. citizen); and
<bullet> financial supporters of sponsors and potential sponsors.
<bullet> Personnel of ORR funded care providers, which may include
results of civil or criminal investigations to sufficiently satisfy
requirements under 45 CFR 411.16.
Unaccompanied alien children are children who have no lawful
immigration status in the United States; have not attained 18 years of
age; and with respect to whom (i) there is no parent or legal guardian
in the United States; or (ii) no parent or legal guardian in the United
States is available to provide care and physical custody. See 6 U.S.C.
279(g)(2).
The Privacy Act applies only to individuals, defined as a citizen
of the United States or an alien lawfully admitted for permanent
residence in the United States. As a matter of discretion, ORR will
treat information that it maintains in its mixed systems of records
(i.e., those that contain records about individuals and those that fall
outside of the definition of individual as defined by the Privacy Act)
as being subject to the provisions of the Privacy Act, regardless of
whether the information relates to individuals covered by the Privacy
Act. This implements a 1975 Office of Management and Budget (OMB)
recommendation to apply, as a matter of policy, the administrative
provisions of the Privacy Act to records about individuals who aren't
covered by the Privacy Act when the records are maintained in mixed
systems of records (referred to as the non-U.S. persons policy).
CATEGORIES OF RECORDS IN THE SYSTEM:
The records consist of the below categories of records, which are
used in providing care for, custody of, placement of, services for, and
release of unaccompanied alien children. They include biographical
information about unaccompanied alien children, sponsor background
check records, identity documents, and post-release services (PRS)
records, further described below:
<bullet> Biographical information about unaccompanied alien
children includes the child's name, Alien Registration Numbers (A#),
Fingerprint Identification Numbers (FINs), and date and place of birth,
as well as information about apprehension; criminal records; addresses;
attorney of record; parents and other family members; sponsors and
potential sponsors and their household members (including adult
caregivers and foster parents) identified in a sponsor care plan; case
disposition information; home-study results; sexual assault hotline and
National Call Center information; admission documents; legal records;
health information (medical, dental, DNA, mental health, and behavioral
health records); child assessments; educational records; incident and
grievance reports; release/discharge records; sponsor application and
supporting documentation; and sponsor assessments.
<bullet> Sponsor background check records may include the
sponsor's, potential sponsor's and, as applicable, household member's
and adult caregiver's biographical information, such as name, address,
and date of birth, financial information including a Social Security
Number or Individual Taxpayer Identification Number, as well as FBI
fingerprint check results and state criminal and child protective
services check results.
<bullet> Identity documents include, for example, birth
certificates, driver's licenses, Permanent Resident Cards or Alien
Registration Receipt Cards, passports, document authentication
[[Page 61237]]
records, and other official domestic and foreign government-issued
identity documents.
<bullet> Post-release services (PRS) records may include monthly
reports, case notes, service plans, list of resources and referrals,
safety plans, initial assessments, mental health assessments,
trafficking assessments, additional ongoing assessments, closing
reports, and correspondence with the sponsor.
<bullet> Personnel records of ORR funded care providers, which may
include results of civil or criminal investigations to sufficiently
satisfy requirements under 45 CFR 411.16 and reasons for terminations.
RECORD SOURCE CATEGORIES:
Record subjects; family members; private individuals; private and
public hospitals; doctors, nurses, and other clinicians; law
enforcement agencies and officials; attorneys; ORR-funded grantees and
contractors; ORR staff; foreign governments; other federal agencies;
and state and local governments or agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to other disclosures which are authorized directly in
the Privacy Act at 5 U.S.C. 552a(b), these routine uses, which are
published pursuant to 5 U.S.C. 552a(b)(3) and (e)(4)(D) and (11),
specify circumstances under which ACF may disclose information from
this system of records without the prior written consent of the record
subject. A routine use is defined in the Privacy Act at 5 U.S.C.
552a(a)(7) as a disclosure of a record for a use that is compatible
with the purpose for which the record was collected; accordingly, each
of these routine uses authorizes disclosures for purposes that are
compatible with the purposes for which the information was collected.
Each proposed disclosure of information under these routine uses
(and any proposed disclosure in response to a law enforcement request
that complies with 5 U.S.C. 552a(b)(7)) will be evaluated to ensure
that the disclosure is legally permissible and consistent with ORR's
responsibilities under the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008, 8 U.S.C. 1232 and the Homeland
Security Act, 6 U.S.C. 279 to provide for the care and custody of
unaccompanied alien children in Federal custody by reason of their
immigration status, place them in the least restrictive setting while
in HHS custody, and release them to a suitable sponsor, primarily their
parent or a family member, pending resolution of their immigration
status. ORR is not an immigration enforcement agency and does not
maintain records for immigration enforcement purposes. Accordingly, in
no case shall a disclosure under a routine use (or a disclosure in
response to a law enforcement request that complies with 5 U.S.C.
552a(b)(7)) include sharing information from this system of records
with other federal agencies or entities (e.g., the Department of
Homeland Security, the Department of Justice) for purposes that are
incompatible with HHS/ORR Unaccompanied Alien Children Program
statutes, regulations and policies, such as for immigration enforcement
purposes (including initiating immigration enforcement activities,
determining whether an individual should be removed from the United
States, for immigration detention or bond determinations, or verifying
an individual's statements in removal proceedings \1\). Any disclosure
for immigration enforcement purposes would be made only with the prior
written consent of the subject individual(s).
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\1\ See 45 CFR 410.1201(b) stating ``ORR shall not disqualify
potential sponsors based solely on their immigration status and
shall not collect information on immigration status of potential
sponsors for law enforcement or immigration enforcement related
purposes. ORR shall not share any immigration status information
relating to potential sponsors with any law enforcement or
immigration enforcement related entity at any time.''
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1. Disclosure to an Attorney or Representative. Information may be
disclosed to: an attorney or representative (as defined in 8 CFR 1.2)
who is acting on behalf of an individual covered by this system of
records in connection with any proceeding before the Department of
Homeland Security or the Executive Office for Immigration Review; an
attorney representing an unaccompanied alien child in a state juvenile
court matter that may determine or alter the unaccompanied alien
child's custody status or placement or for purposes of obtaining a
predicate order needed to obtain Special Immigrant Juvenile (SIJ)
classification; an attorney representing an unaccompanied alien child
in a juvenile or criminal court in relation to criminal charges; and an
attorney representing an unaccompanied alien child in a hearing or
other matter related to ORR's appellate procedures, including those
relating to placement in a restrictive setting, risk determinations, or
release from ORR custody. Information may be released to an attorney
representing an unaccompanied alien child with respect to decisions
involving the child's placement, care, custody and release, and/or the
administration of psychotropic medications to the child. Information
regarding a significant incident related to an unaccompanied alien
child may be disclosed to an attorney representing the child. A
disability evaluation report pertaining to an unaccompanied alien child
may be disclosed to an attorney representing the child. Information may
also be disclosed to an attorney representing a potential sponsor in
relation to ORR's appellate procedures concerning a sponsorship denial
of a parent, legal guardian, or close relative.
2. Disclosure for Health and Safety. Private health information of
unaccompanied alien children may be disclosed to health care providers
for the purposes of coordinating emergency, routine, and necessary
medical, mental health, and disability evaluations, services, and care
for unaccompanied alien children while in ORR care and custody.
Information may be shared with a health provider to make age
determinations for unaccompanied alien children. Information related to
communicable diseases or other illnesses that have the potential to
affect public health and safety may be disclosed to any state or local
health authorities, to ensure that all health issues potentially
affecting public health and safety in the United States are being, or
have been, adequately addressed. Private health information not related
to communicable diseases or other illnesses that affect public health
and safety is not authorized to be disclosed under this routine use.
3. Disclosure to Protection and Advocacy Organization. Information
may be disclosed to a Protection and Advocacy organization when access
is authorized by, and the request is appropriately made under, one or
more of the following: The Protection and Advocacy for Individuals with
Mental Illness Act (PAMI), 42 U.S.C. 10801 et seq.; The Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (``DD Act''), 42
U.S.C. 15043 and 15044; Protection and Advocacy for Traumatic Brain
Injury (PATBI) Act 42 U.S.C. 300d-53; or the Protection and Advocacy
for Individual Rights (PAIR) Act, 29 U.S.C. 794(e).
4. Disclosure to Child Advocate. Information may be disclosed to an
HHS-appointed child advocate for the purpose of effectively advocating
for the best interest of the child. Child advocates are granted access
to this information under section 235(c)(6) of the William Wilberforce
Trafficking
[[Page 61238]]
Victims Protection Reauthorization Act of 2008, 8 U.S.C. 1232(c)(6).
5. Disclosure to Department of Homeland Security. Information may
be disclosed to the Department of Homeland Security (DHS) for purposes
related to child safety and welfare and not immigration enforcement,
including but not limited to the following purposes:
a. Reporting the death or arrest of an unaccompanied alien child in
ORR custody or unauthorized absences of unaccompanied alien children
from ORR custody;
b. Transferring individuals to DHS custody for the limited purpose
of facilitating continuity of medical care (subject to the applicable
information sharing restrictions set forth in 45 CFR parts 410 and 411
and the ORR UAC Policy Guide);
c. Facilitating transfer to DHS custody of individuals determined
to be adults, or who turn 18 years old, including information relevant
to determining whether the individual committed a crime that ORR
determines would make the individual a danger to the community;
d. Communicating reports of abuse, neglect, sexual harassment, or
inappropriate sexual behavior that occurred while a child was in DHS
custody before being transferred to ORR custody;
e. Correcting the child's information in government systems; and
for age determinations (see 8 U.S.C. 1232(b)(4));
f. Providing notice of transfers of unaccompanied alien children in
ORR custody between care provider facilities, and for discharge
notifications;
g. The limited purpose of facilitating human trafficking
investigations by DHS, U.S. Immigration and Customs Enforcement/
Homeland Security Investigations (HSI) to ensure child safety and
protect children from dangerous crimes including trafficking;
h. Validating the relationship between a child and an accompanying
adult (e.g., where DHS potentially separated a child from their parent
or legal guardian before transferring the child to ORR);
i. Communicating a child's medical information with the DHS Office
of Health Security for the purpose of facilitating continuity of
medical care for the child;
Except as provided in section i. above, this routine use does not
authorize sharing health related information (including but not limited
to mental, behavioral, dental, or other healthcare information),
evaluation reports or other clinical documentation, Section 504 Service
Plans, or Child Level Events (CLEs). This routine use does not
authorize subsequent disclosures by the receiving entity. In no case
shall information be used for immigration enforcement purposes,
including initiating immigration enforcement activities, determining
whether an individual should be removed from the United States, or for
immigration detention or bond determinations, United States Citizenship
and Immigration Services (USCIS) adjudication, or verifying an
individual's statements in removal proceedings.
6. Disclosure for Law Enforcement, Child Welfare Investigation, and
State Licensing Purposes. Information may be disclosed to the
appropriate federal, state, local, tribal, or foreign agency
responsible for investigating, prosecuting, enforcing, or implementing
a statute, rule, regulation, or order, if the information is relevant
to a violation or potential violation of civil or criminal law or
regulation within the jurisdiction of the receiving entity (excluding
immigration enforcement purposes); to assist with investigations into
missing children; and for sponsor background checks and case
management, to ensure safe releases. Information may be shared with
certain state and local agencies that provide child welfare services
such as state licensing agencies, Child Protective Services, and
education agencies such as state, county, or municipal schools for the
purpose of protecting an unaccompanied alien child's health and welfare
and sponsor background check purposes to ensure safe releases. This
routine use does not authorize disclosures in a manner exceeding ORR's
authorities, including for immigration enforcement activities,
including determining whether an individual should be removed from the
United States, for immigration detention or bond determinations, or
verifying an individual's statements in removal proceedings.
7. Disclosure to the National Center for Missing and Exploited
Children (NCMEC). Information may be disclosed to the NCMEC to assist
with investigations into missing children.
8. Disclosure to Congressional Office. Information may be disclosed
to a congressional office from the record of an individual in response
to a written inquiry from the congressional office made at the written
request of, and on behalf of, the individual.
9. Disclosure to Department of Justice, or in Proceedings.
Information may be disclosed to the Department of Justice, or in a
proceeding before a court, adjudicative body, or other administrative
body before which HHS is authorized to appear, when any of the
following is a party to the proceedings or has an interest in such
proceedings, and the use of such records by the Department of Justice
or HHS is deemed by HHS to be relevant and necessary to the
proceedings:
<bullet> HHS, or any component thereof;
<bullet> any employee of HHS in his or her official capacity;
<bullet> any employee of HHS in his or her individual capacity
where the Department of Justice or HHS has agreed to represent the
employee; or
<bullet> the United States, if HHS determines that litigation is
likely to affect HHS or any of its components.
10. Disclosure to Department of Justice for Legal Orientation
Programs for Custodians (LOPC) Facilitation. Information may be
disclosed to the Department of Justice, Executive Office for
Immigration Review (EOIR) for purposes of collaboration in facilitating
sponsors' participation in LOPCs under section 235(c)(4) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008,
8 U.S.C. 1232(c)(4). ORR may also share limited information with EOIR
as part of a case status summary in advance of a child's immigration
hearing that ORR determines is in the best interest of the child, such
as name, Alien Number, and sponsor category.
11. Disclosure to the National Archives and Records Administration
(NARA). Information may be disclosed to the National Archives and
Records Administration in its records management inspections.
12. Disclosure to the Government Publishing Office (GPO).
Information may be shared with GPO for purposes of creating portable
versions of ORR release or discharge records.
13. Disclosure to Contractors, Grantees, and Stakeholders.
Information may be disclosed to contractors, grantees, consultants,
volunteers, or stakeholders (including, but not limited to, legal
service providers, case coordinators, medical providers, non-HHS
Federal agency partners, child advocates, attorneys of record, sponsors
and potential sponsors, educational institutions, and organizations
providing services to unaccompanied children and sponsors) performing
or working on a contract, service, grant, cooperative agreement, job,
or memorandum of understanding, or other activity for HHS relating to
the administration of services provided by the Unaccompanied Alien
Children Bureau (including ancillary purposes, such as information
technology (IT) system support) and who have a need to have access to
the information in the
[[Page 61239]]
performance of their duties or activities for HHS, and for
reunification purposes.
14. Disclosure in Connection with Litigation or Settlement
Discussions. Information may be disclosed in connection with litigation
or settlement discussions regarding claims by or against HHS, including
public filing with a court, to the extent that disclosure of the
information is relevant and necessary to the litigation or settlement
discussions.
15. Disclosure Incident to Requesting Information. Information may
be disclosed (to the extent necessary to identify the individual,
inform the source of the purpose of the request, and to identify the
type of information requested), to any source from which additional
information is requested when necessary to obtain information relevant
to an agency decision concerning benefits.
16. Disclosure to State Refugee Coordinators. Information may be
shared with State Refugee Coordinators for children in ORR care who are
being transferred into ORR's Unaccompanied Refugee Minors program for
purposes of coordinating appropriate placement and services for the
child in accordance with 8 U.S.C. 1232(c)(2). The State Refugee
Coordinator refers to the individual(s) designated by a Governor or a
State to be responsible for, and authorized to, ensure coordination of
public and private resources in refugee resettlement.
17. Disclosure to other Federal Departments and Nongovernmental
Organizations and Foreign Governments for Safe Repatriation of
Unaccompanied Alien Children and for Reuniting Children with a Parent
or Sponsor Abroad. Information may be disclosed to other federal
agencies (such as the Department of State, Department of Justice,
Department of Homeland Security), nongovernmental organizations and
foreign governments as it relates to the safe repatriation of
unaccompanied alien children to their country of origin as directed
under the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 section 235(a)(5), 8 U.S.C. 1232(a)(5) and
for reuniting unaccompanied alien children with a parent or sponsor
abroad in appropriate cases under the Homeland Security Act, 6 U.S.C.
279(b)(1)(H).
18. Disclosure in the Event of a Security Breach Experienced by
HHS. Information may be disclosed to appropriate agencies, entities,
and persons when (1) HHS suspects or has confirmed that there has been
a breach of the system of records; (2) HHS has determined, as a result
of the suspected or confirmed breach, there is a risk of harm to
individuals, the agency (including its information systems, programs,
and operations), the Federal Government, or national security; and (3)
the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with HHS' efforts to
respond to the suspected or confirmed breach, or to prevent, minimize,
or remedy such harm.
19. Disclosure to Assist Another Agency Experiencing a Breach.
Information may be disclosed to another federal agency or federal
entity, when HHS determines that information from this system of
records is reasonably necessary to assist the recipient agency or
entity in (1) responding to a suspected or confirmed breach, or (2)
preventing, minimizing, or remedying the risk of harm to individuals,
the recipient agency or entity (including its information systems,
programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
20. Disclosure to Department of State. Information may be disclosed
to the Department of State for humanitarian operations, sponsor
background checks, best interest determinations, and family unification
efforts, including obtaining and verifying identity documents (birth
certificates, passports, and government-issued identifications) of
unaccompanied alien children, their sponsors, and sponsors' household
members who are also eligible for immigration relief, family
unification, or humanitarian evacuation. This routine use does not
authorize subsequent disclosures by the receiving entity. In no case
shall such information be shared in a manner exceeding ORR's
authorities, including for immigration enforcement purposes (including
initiating immigration enforcement activities, such as determining
whether an individual should be removed from the United States, for
immigration detention or bond determinations or verifying an
individual's statements in removal proceedings).
21. Disclosure to State and Local Child Welfare Agencies and State
and Local Governments. ORR may disclose information of children and
sponsors to local and state agencies offering post-release services to
the child or sponsor for the purpose of facilitating delivery of child
welfare services and safe releases if ORR determines that the
disclosure is in the child's best interest. ORR may also disclose
information of children and sponsors to state and local government
entities, such as school districts, for the purpose of facilitating
enrollment of unaccompanied alien children in a school or educational
program and for individualized education planning, including but not
limited to obtaining special education services when needed. In no case
shall such information be shared with state or local entities for
immigration enforcement purposes (including initiating immigration
enforcement activities, such as determining whether an individual
should be removed from the United States, for immigration detention or
bond determinations or verifying an individual's statements in removal
proceedings). Disclosures under this routine use will be made with an
express written advisory that no other uses by the receiving entity and
no subsequent disclosures by the receiving entity to other entities can
be made.
22. Disclosure to a Foreign Government's Embassy or Consulate. ORR
may disclose copies of birth certificates, passports, or other
official, foreign government-issued identity documents to foreign
embassies and consulates for the purpose of authenticating those
documents, verifying identity, and for background check purposes. ORR
may also disclose information of children when notifying foreign
embassies and consulates that a child from their country is in ORR
custody in accordance with Department of State guidance on applicable
law. In no case shall information from this system of records,
including mental health or behavioral information, be shared or used
for purposes that are incompatible with HHS/ORR Unaccompanied Alien
Children Program statutes, regulations and policies, such as disclosing
information to foreign consulates that may indicate a child may have a
fear of persecution or other mistreatment by their country, or may be
seeking asylum or refugee status.
23. Disclosure for Approved Research Purposes. ORR may disclose
information for research purposes and predictive modeling to entities,
including other federal agencies, conducting relevant research that ORR
determines contributes to ORR's policymaking, operations, and mission
of the UAC Bureau, consistent with ORR's authorities.
24. Disclosure to ACF Unaccompanied Alien Children Office of the
Ombuds. ORR may disclose information to the ACF Unaccompanied Alien
Children Office of the Ombuds in accordance with the Ombuds'
investigation and reporting purposes.
[[Page 61240]]
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are stored on cloud web servers and/or in file folders.
Records according to ORR's NARA approved retentions schedule (see
National Archives and Records Administration-approved record retention
and disposition schedules DAA-0292-2019-0009-0001 and DAA-0292-2019-
0009-0002).
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Personal identifiers used for retrieval include the name, Alien
Registration Number, and/or date of birth of the unaccompanied alien
child; name and/or date of birth of the potential sponsor; and the name
and/or date of birth of the potential sponsor's household member or
adult caregiver identified in a sponsor care plan.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
UAC case file records are retained for 50 years after a child is
released from ORR custody (see National Archives and Records
Administration-approved record retention and disposition schedules DAA-
0292-2019-0009-0001 and DAA-0292-2019-0009-0002).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Information in this system is safeguarded in accordance with
applicable laws, rules, and policies. Access to the records is
restricted to authorized personnel who are advised of the
confidentiality of the records and the civil and criminal penalties for
misuse. All record keepers are required to maintain appropriate
administrative, technical, and physical safeguards to protect the
records from unauthorized access. Administrative safeguards include
background checks, as well as training individuals who have access to
the records on how to handle them appropriately, incident response
plans, mandatory security and privacy awareness training, limiting
access to individuals who need to know the information, and reviewing
security controls on an ongoing basis. Technical safeguards include the
use of antivirus software, vulnerability patching, multi-factor
authentication when required, or username and password, and storing
electronic records in encrypted form, to limit system access to
authorized users. Physical safeguards include storing hard copy records
and computer terminals used to access electronic records in physically
locked locations when not in use. Safeguards conform to the HHS
Information Security Program, <a href="https://hhs.gov/ocio/securityprivacy/index.html">https://hhs.gov/ocio/securityprivacy/index.html</a>.
RECORD ACCESS PROCEDURES:
An individual may request access to a record about him or her in
this system of records by submitting a written access request to the
System Manager or electronically through the HHS Online FOIA/PA Public
Access Link at <a href="http://FOIA.gov">FOIA.gov</a>. The request must include, as applicable, the
individual's name, Alien Registration Number, date and place of birth,
telephone number and/or email address, current address, and signature.
In addition, to further verify the individual's identity, the
individual must provide either a notarization of the request or a
written certification that the requester is the individual who the
requester claims to be and understands that the knowing and willful
request for, or acquisition of, a record pertaining to an individual
under false pretenses is a criminal offense under the Privacy Act,
subject to a fine of up to $5,000. An individual may also request an
accounting of disclosures that have been made of any records about that
individual. Verification of identity is also required for a parent or
legal guardian who makes a request on behalf of a minor (in addition to
verifying the minor's identity).
CONTESTING RECORD PROCEDURES:
An individual seeking to amend a record about him or her in this
system of records must submit a written request for amendment to the
System Manager. The request must provide the same information described
under ``Record Access Procedures,'' including identity verification
information, and must specify the information that is contested, the
corrective action sought, and the reason(s) for requesting the
correction, and include supporting information. The right to contest
records is limited to information that is factually inaccurate,
incomplete, irrelevant, or untimely (obsolete).
NOTIFICATION PROCEDURES:
An individual seeking to determine whether this system of records
contains information about him or her must submit a written
notification request to the System Manager. The request must include
the same information described under ``Record Access Procedures,''
including identity verification information.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
89 FR 77365 (Dec. 12, 2024).
[FR Doc. 2026-19755 Filed 9-25-26; 8:45 am]
BILLING CODE 4184-45-P
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</html>Indexed from Federal Register on September 28, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.