5. Department of Homeland Security · Major · Needs Congress
Amend the TVPRA to move custody of unaccompanied alien children from HHS to DHS
Printed page 148 5. Department of Homeland Security
“Congress should amend the Homeland Security Act and portions of the TVPRA to move detention of alien children expressly from the Department of Health and Human Services to DHS.”
Printed again in Chapter 14.
Printed page 478 14. Department of Health and Human Services
“Congress should reform the Trafficking Victims Protection Reauthorization Act to transfer all ORR duties for unaccompanied alien children to DHS and eliminate the Flores settlement agreement.”
What has happened
- Not started
No enacted or advancing bill transfers ORR's custody of unaccompanied children to DHS. Public Law 119-21 (2025-07-04) went the other way on custody — §87001 appropriated $300 million to ORR for sponsor vetting — while §100052(8) funded DHS removal of certain unaccompanied children found at the border. Bills in the Corpus concern trafficking of unaccompanied children (S. 286 / H.R. 1202, H.R. 4371) or add protections (S. 3322 / H.R. 6389), none a custody transfer.
No action found yet. This entry is the starting point, not a finding.
Research log
What was searched, and what didn’t count as evidence
Research notes
- Negative search, 2026-08-26: titles of bills in Congress, from congress.gov, for “TVPRA”, “Trafficking Victims Protection Reauthorization”, “unaccompanied”, “Office of Refugee Resettlement”; Federal Register presidential documents for unaccompanied children (EO 14159 §18(b) addresses only trafficking information-sharing among DOJ, HHS and DHS); Public Law 119-21 enrolled text for “unaccompanied alien child” and “Office of Refugee Resettlement”.
- Related litigation about ORR custody policy (Angelica S. v. HHS, D.D.C. 1:25-cv-01405; Community Legal Services in East Palo Alto v. HHS, N.D. Cal.) appears among the federal court dockets (CourtListener) we search but concerns HHS practice, not a transfer to DHS.
- Reviewed 2026-09-28: custody is still HHS’s, and HHS is renaming the office that holds it. FR 2026-19755 (2026-09-28), an HHS Privacy Act notice, modifies system of records 09-80-0321, ORR Unaccompanied Children Bureau (UCB) Administrative Program Records. It renames the system “ORR Unaccompanied Alien Children Bureau (UACB) Administrative Program Records” and streamlines “certain routine uses to enhance information sharing capabilities for child protection purposes” (https://www.federalregister.gov/d/2026-19755, read by abstract only). The records of children, sponsors and sponsors’ households stay in a system HHS maintains, inside ORR, inside ACF. That is the custody this Quote would move, still where it was. No event: the item is not started on the absence of a bill, and nothing in a Privacy Act notice is one. If the widened routine uses name DHS or ICE as a recipient, that is information sharing, not a transfer of custody, and it would not change this Status. #450 (move ORR to DHS) reads the same way.
- Action
- transfer
- Object
- detention of alien children
- ID
- 352