2.8- 2.9 Release from ORR and Bond Hearings

Question 1

Three steps for release from ORR custody

Answer 1

1. After care planning, which occurs during the entire safe and timely release process
2. transfer of physical custody of the child, which occurs as soon as possible once a UC is approved for release
3. Closing the case file, which occurs within 24 hours of the UC

Question 2

What allows UCs to seek a bond hearing with an immigration judge?

Answer 2

The 9th circuit court of appeals decision in Flores V. Sessions require the opportunity

Question 3

Whjat is the purposeof an ORR bond hearing?

Answer 3

The bond hearing, which does not actually involve any money, is where the immigration judge decides whether a child poses a danger to the community. That judges decision supersededs an ORR determination on the matter, unless the board of immigration appeals appeals.

Question 4

Who can make the bond hearing request?

Answer 4

The child, a legal representative, or a parent / legal guardian on the child’s behalf. Right to request a bond hearing must be p[rocided to those in secure and staff secure facilitieis.

Question 5

Appeals for bond hearings

Answer 5

Either party can appeal an immigration judge’s decisions to hte BIA, but if the child is determined ineligible for bond, the decision is final unless the UC can demonstrate substantial change.

Question 6

Saravia class members must be released to previous sponsors within three calendar days unless one of the following three items is true:

Answer 6

1. The sponsor is physically unable to take the minor back (has been removed, imprisoned, cannot be found, refuses)
2. There has been abuse or neglect or
3. The UC was previously released to a Cat 2B or Cat 3 sponsor but the child was not living with that sponsor immediately prior to arrest

Note these are only the case for those who win their Saravia hearings

Question 7

What happens if a UC gets legal status while in care?

Answer 7

UCs may obtain or already have had legal status while in care. By law, ORR cannot have custody of children with legal immigration status or uc citizenship, so they must be released, and ORR should being a post legal status plan, and if they can’t go to a legal guardian or parent another plan should be made

Question 8

Zika testing?

Answer 8

ORR follows CDC guidance on Zika and Zika testing LOL. PRs includes zika testing, especially for pregnant UCs

Question 9

SWB follow up calls

Answer 9

Care providers must conduct follow up calls with UCs 30 days after the release data to see whether the child is still with the sponsor, see if tehy’re in schoool, soee if they know of upcoming court dates, and ensure they are safe. Calls should be documented in the case file. If more is needed at that time, let them know.

Question 10

Closing the case file when a UC is released

Answer 10

The case file should be left open for 30 days after the release date to conduct the SWB follow-up call, though a discharge notification form should be filed within 24 hours o f the physical discharge of the youth.

Question 11

11 things sponsors agree to in the sponsor care agreement

Answer 11

1. Provide for wellbeing of child such as food shelter, clotheing, education, medical care, and other services
2. for those not parent or legal guardian, make efforts to establish legal guardianship soon-ish.
3. Attend a legal orientation program through DoJ
4. Noitify thelocal imigration court or board on any change of address for the child
5. Notify DHS within 10 days of any changeof address for the child
6. Ensure the UC reports to ICE for removal if a judge rules its necessary
7. notify local law enformacenet or CPS if the child hasbeen at risk for abuse
8. Notify national center for missing and exploited children if the kid disappears
9. Notify ICE if the UC is contacted by an alien smuggling syndicate, organized crime, or a trafficking org
10. In case of an emergency, such as illness, destruction of home, etc to temporarily transferphsyical custody of the child to anotyher person who will comply wiht terms fo the sponsor care agreement
11. Ifasponsor can no longer care for hte UC and cannot temporarilytransfer custody, notify ORR

Question 12

The care provider must explain the following three things to the UC and sponsor:

Answer 12

1. US child abuse and neglect standardsand CPS that are expained on ACF’s child welfare information geway website
2. Human trafficking indicators and resources
3. Basic safety and how to use 911 in emergencies

Question 13

How should UCs be sent to sponsors?

Answer 13

Usually, the sponsor should pick them up at a designated off-campus site. if a sponsor cannot travel due to extenuating circumstances or the sponsor arriving would extensively delay release of the UC, ORR could approve a UC to be escorted to a sponsor. UC under 14 traveling by air would need a care provider staff