Privacy Act changes from the Department of Health and Human Services will revise how the Office of Refugee Resettlement handles and shares records involving unaccompanied children, potential sponsors, household members and certain care-provider personnel.
The Privacy Act notice, published by the Administration for Children and Families on September 28, 2026, modifies System of Records No. 09-80-0321, which contains administrative records used to operate ORR’s Unaccompanied Children Bureau program.
The Privacy Act revisions are scheduled to take effect October 28, 2026, after a 30-day period for public comments.
Table of Contents
What the Privacy Act notice changes
The Privacy Act notice changes the system’s name from “ORR Unaccompanied Children Bureau (UCB) Administrative Program Records” to “ORR Unaccompanied Alien Children Bureau (UACB) Administrative Program Records.”
ORR also revised three routine uses governing disclosures to the Department of Homeland Security, law-enforcement and child-welfare entities, and the Department of State.
In this context, a routine use is a disclosure that the agency considers compatible with the purpose for which the information was collected.
The Privacy Act revisions are intended to streamline information sharing for child protection, sponsor vetting, continuity of care and related program responsibilities.
At the same time, ORR said the changes do not authorize the system to be used for immigration enforcement purposes.
New limits and permissions for DHS disclosures
Under the revised Privacy Act Routine Use 5, ORR may disclose information to DHS for purposes related to child safety and welfare rather than immigration enforcement.
The listed purposes include reporting the death or arrest of a child in ORR custody, reporting unauthorized absences, correcting government records and supporting age determinations.
The provision also covers certain transfers to DHS for continuity of medical care or when a person is determined to be an adult or turns 18.
ORR added language expressly covering limited assistance to DHS and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations unit in human-trafficking investigations involving child safety and dangerous crimes.
The revised language also addresses notifications when children move between ORR care-provider facilities or are discharged from care.
Health information remains restricted under the Privacy Act notice, except for specifically identified medical-care purposes.
The notice says Routine Use 5 does not authorize the sharing of mental-health, behavioral-health, dental or other health information, evaluation reports, clinical documentation, Section 504 service plans or child-level events, except where the provision specifically allows medical information to support continuity of care.
The notice also states that information shared under the routine use cannot be subsequently disclosed by the receiving entity.
Immigration enforcement use remains prohibited under the notice
ORR stated that the revised routine uses do not authorize disclosures to begin immigration enforcement activities, determine whether someone should be removed from the United States, support immigration detention or bond decisions, assist with USCIS adjudications, or verify statements in removal proceedings.
The agency also said information from the system may not be shared for incompatible immigration enforcement purposes through a routine-use disclosure or a qualifying law-enforcement request.
ORR’s notice says any disclosure for immigration enforcement purposes would require the prior written consent of the subject individual or individuals.
That stated restriction is important because the system contains information about children who may have no lawful immigration status as well as U.S. citizens, lawful permanent residents and other people connected to sponsorship and care arrangements.
The Privacy Act itself generally defines an individual as a U.S. citizen or a lawful permanent resident.
However, ORR said it will apply Privacy Act administrative protections as a matter of policy to information in mixed systems that also contain records about people outside that statutory definition.
Changes affecting law enforcement and child welfare agencies
The Privacy Act’s revised Routine Use 6 covers disclosures to federal, state, local, tribal and foreign agencies responsible for investigating, prosecuting, enforcing or implementing laws and regulations.
The information must be relevant to a possible civil or criminal violation within the receiving entity’s jurisdiction, and the provision excludes immigration enforcement purposes.
The routine use also covers missing-child investigations, sponsor background checks and case-management activities intended to support safe releases.
ORR may share certain information with state and local child-welfare agencies, licensing authorities and education agencies when the disclosure is connected to a child’s health, welfare or sponsor background check.
The agency said it removed procedural requirements requiring an individualized best-interest determination for each disclosure under this routine use.
ORR also removed a separate requirement that recipients receive an express written advisory prohibiting further uses and disclosures.
According to the notice, the agency considers those requirements administratively burdensome and said they had delayed some criminal investigations involving the protection of children.
The substantive restrictions on immigration enforcement use remain in the revised text, according to ORR.
Department of State disclosures and research use
ORR made similar procedural changes to Routine Use 20, which governs disclosures to the Department of State.
The Privacy Act revisions remove the requirement for ORR to make an individualized best-interest determination for each disclosure and remove the express written restriction on further uses and disclosures by the State Department.
ORR said the underlying prohibition on immigration enforcement use remains in place.
The notice also separates and renumbers the approved-research provision as Routine Use 23.
Routine Use 23 clarifies that ORR may share information for relevant research and predictive modeling when the agency determines the work supports policymaking, operations or the mission of the Unaccompanied Children Bureau.
The notice gives statistical analysis and reporting by federal offices as an example, including possible work involving DHS’s Office of Homeland Security Statistics and comparable offices within the Justice and State departments.
The final routine use, concerning the ACF Unaccompanied Alien Children Office of the Ombuds, is renumbered as Routine Use 24.
What records are covered
The Privacy Act system contains records used to provide care, custody, placement, services and release for unaccompanied children.
Records may include names, Alien Registration Numbers, fingerprint identification numbers, birth information, apprehension details, addresses, family information, attorney information and case-disposition data.
The system may also contain criminal records, home-study results, legal records, health information, educational records, incident reports, grievance records, release records and sponsor applications.
Sponsor-related records may include names, addresses, birth dates, Social Security numbers or Individual Taxpayer Identification Numbers, fingerprint results and state criminal or child-protective-services checks.
Identity documents may include birth certificates, driver’s licenses, passports, permanent resident cards and other government-issued documents.
Post-release services records may include case notes, service plans, safety plans, assessments, referrals, closing reports and correspondence with a sponsor.
The system may also include investigation results and termination information for personnel working for ORR-funded care providers.
Who may be affected
The notice applies to children currently or formerly in ORR care and custody, children housed with unaccompanied child parents in ORR custody and children referred to ORR as likely to meet the unaccompanied-child definition.
It also covers sponsors and potential sponsors, members of their households, adult caregivers identified in sponsor care plans and financial supporters.
The records may include information about both U.S. citizens and non-U.S. citizens connected to sponsorship arrangements.
ORR-funded care-provider personnel may also be covered when records are maintained to satisfy screening and safety requirements.
Record sources may include the individuals themselves, family members, health-care providers, attorneys, law-enforcement agencies, ORR staff, grantees, contractors, foreign governments and state or local agencies.
Comment deadline and practical next steps
Members of the public may submit comments on the revised system of records through October 28, 2026.
Comments may be sent by mail to Toby Biswas, Assistant Deputy Director for Policy at ORR, at 330 C Street SW, Washington, DC 20201.
Comments may also be sent by email to [email protected].
People who believe the system may contain information about them should review the Federal Register notice for the applicable access, notification and record-contest procedures.
Because the system includes sensitive identity, medical, criminal-history and sponsor-screening information, individuals should avoid sending unnecessary personal information in public comments.
The notice is an administrative Privacy Act revision and does not itself change a child’s immigration status, create a new immigration benefit or order any individual removed from the United States.
Its immediate effect is to define how ORR may maintain and disclose records while carrying out its child-care, custody, placement, sponsor-vetting and post-release responsibilities.
Frequently Asked Questions
When do the ORR Privacy Act changes take effect?
The notice states that the revisions are scheduled to take effect October 28, 2026, after a 30-day public-comment period.
Does the notice authorize ORR records to be used for immigration enforcement?
No. ORR states that the revised routine uses do not authorize disclosures for immigration enforcement purposes, including removal decisions, immigration detention or bond determinations, USCIS adjudications or verifying statements in removal proceedings.
Who may submit comments on the notice?
Any member of the public may submit comments by October 28, 2026, by mail to ORR at 330 C Street SW, Washington, DC 20201, or by email to [email protected].
What information is covered by the system of records?
The system may contain children’s biographical, legal, health, educational and case records, along with sponsor applications, background checks, identity documents, post-release services records and certain care-provider personnel records.
Fact-Checked: This report was checked against Federal Register document 2026-19755, published September 28, 2026, and the notice’s stated effective date and comment deadline.
Disclaimer: This article is for general information and is not legal advice. Individuals with case-specific privacy or immigration concerns should consult a qualified attorney or accredited representative.
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