U.S. Department of Health and Human Services
Office of Inspector General
Data Snapshot
November 2021, OEI-BL-20-00680 
Characteristics of Separated Children in ORRs Care:
June 27, 2018November 15, 2020 
What OIG Did  Key Takeaways 
The Office of Refugee Resettlement (ORR) is a program office of the  In total, 1,178  children were 
Administration for Children and Families (ACF) within the Department of  separated from a parent or legal 
guardian and referred to ORRs 
Health and Human Services (HHS).  ORR operates the Unaccompanied 
care between June 27, 2018 (the 
Children (UC) Program to provide care and placement for children 
day after a Federal district court 
without lawful immigration status who do not have a parent or guardian 
halted most family separations) 
in the United States who is available to take custody (unaccompanied 
and November 15, 2020 (the 
children).  An unaccompanied child typically remains in ORRs care until 
date of the most recent 
one of three things happens: an appropriate sponsor is located in the  complete data available at the 
United States who can assume custody,  the child turns 18 years old, or  time of our review). 
the childs immigration status is resolved. 
Separated children were 9 years 
Most children referred to ORR by the Department of Homeland Security  old on average, with more than 
a quarter under 5 years old.  In 
(DHS) have surrendered to or been apprehended by immigration officials 
comparison, non-separated 
while entering the United States without a parent or legal guardian. 
children were 15 years old on 
However, some children enter the United States with a parent or legal 
average. 
guardian but are subsequently separated from that adult by DHS officials 
and then referred to ORR.  In this report, we refer to these two types of 
Seventy percent of separated 
unaccompanied children as non-separated children and separated  children referred to ORR had 
children, respectively.  been separated by immigration 
officials because of a parents 
Historically, separations were rare and typically occurred because of an  criminal history.  The types of 
unverified parental relationship, a parental health issue, or another  criminal histories that prompted 
concern that the parent could pose a danger to the child.1  However, in  separations varied widely, from 
homicide to traffic-related 
2017 and 2018, the number of separated children referred to ORR 
offenses. 
increased significantly as a result of  initiatives by the Department of 
Justice (DOJ) and DHS to increase prosecution of certain immigration 
Separated children spent longer 
offenses.  These initiatives culminated in the spring 2018 implementation 
in ORRs care and were less 
of the zero tolerance policy.  Under that policy, large numbers of  likely than non-separated 
families entering the United States without authorization were separated  children to be released to a 
by DHS.  Typically, adults were held in Federal detention while their  sponsor.  Separated children 
children were referred to ORR.2  On June 26, 2018, a Federal district court  were more likely than non-
halted family separations with only a few exceptions.3  separated children to be 
released through voluntary 
departure to their home 
Prior OIG work identified challenges that ORR  faced in addressing the 
countries. 
mental health needs of separated children and efficiently identifying 
appropriate sponsors for their release.4 Given these challenges, this study 
Of the 1,178 separated children 
provides the following information: the number of separated children 
referred to ORR  during the 
who have been referred to ORR since the June 2018 court order; the  period we reviewed, ORR 
reasons the separations occurred;  the separated childrens key  ultimately reunified 182 children 
characteristics and release outcomes; and how separated children  (15 percent) with the parent 
compare to non-separated children in ORRs care.  from whom the child was 
separated. 
Characteristics of Separated Children in ORRs Care  1  How many separated children were referred to ORR after June 26, 2018? 
In total, 1,178 separated children were referred to ORR between June 27, 2018 (the day after a Federal district 
court order halted most family separations) and November 15, 2020 (the date of the most recent complete data 
available at the time of OIGs review).5  This accounts for 1.2 percent of all children referred to ORR during that 
period.  That is approximately four times the rate that ORR  officials observed in late 2016 (0.3 percent of referrals) 
but is far lower than the rate at the height of the zero-tolerance policy (approximately 25 percent of all referrals). 
Generally, trends in the numbers of separated children referred to ORR after June 2018 mirrored the trends in 
overall referrals.  For both separated and non-separated children, referrals peaked in the spring of 2019 and 
dropped substantially thereafter.  
The numbers of  both separated and non-separated children referred to ORR after June 2018 
followed similar trends, peaking in spring 2019.  
Separated Non-Separated
Spring 2019 Spring 2019
192  8,957 
Source:  OIG analysis of ORRs data on referrals to the  UC Program from June 27, 2018November 15, 2020. 
The vast majority of separated children were  separated from their fathers. 
Source:  OIG analysis of ORRs data on referrals to the  UC Program from June 27, 2018November 15, 2020. 
Note:  In three cases, the child was separated from more than one parent. 
Characteristics of Separated Children in ORRs Care  2  How do separated children differ from other children in ORRs care? 
Separated children referred to ORR were on average 9 years old, whereas non-separated children were on 
average 15 years old.  More than one-quarter of separated children were 5 years old or younger.  ORR staff 
have reported challenges in meeting the needs of young children, who require care available only at a limited 
number of specially-licensed facilities. 
On average, separated children were  6 years younger than non-separated children. 
Source:  OIG analysis of ORRs data on referrals to the  UC Program from June 27, 2018November 15, 2020. 
More than one-quarter of  separated children were  5 years old or younger when referred to ORR, 
compared to  only 3 percent of  non-separated children. 
Source:  OIG analysis of ORRs data on referrals to the  UC Program from June 27, 2018November 15, 2020. 
Note:  ORR provides care for minors  under the age of 18.  However, ORR sometimes receives an individual who is later determined  to be age 18 or 
older; for that reason, the graphic  above shows a small number of referrals at age 18 or older. 
Characteristics of Separated Children in ORRs Care  3  How are separated children similar to other children in ORRs care? 
Most separated and non-separated children referred to  ORR were  male. 
Source:  OIG analysis of ORRs data on referrals to the  UC Program from June 27, 2018November 15, 2020. 
Most separated and non-separated children referred to  ORR were  from Honduras, Guatemala,      
and El Salvador. 
Source:  OIG analysis of ORRs data on referrals to the  UC Program from June 27, 2018November 15, 2020. 
Characteristics of Separated Children in ORRs Care  4  What are the reasons children were separated from their parents and    
referred to  ORR? 
When DHS refers a separated child to ORR, it provides ORR with the reason for separation.  This information is 
important for two reasons.  First, in order to make well-informed decisions about a childs care and placement, 
ORR and facility staff need to know why each individual child has been separated from a parent or legal 
guardian.  Second, in order to better predict programmatic, capacity, and resource needs for the UC Program, 
policymakers and program officials need to understand the overall reasons that children enter HHS custody. 
For the majority of separated children70 percentinformation that DHS provided to ORR attributed the 
 
separation to a parents criminal history.  This is a change from historical patterns.  Although ORR and DHS did 
not maintain detailed data about separated children until July 2018, ORR and DHS officials have previously 
 
reported that the rare family separations that occurred prior to 2017 typically resulted from an unverified 
parental relationship, parental health issue, or another concern that the parent could pose a danger to the 
child.6  However, these three reasons combined accounted for just 12 percent of separated children referred to 
ORR from June 27, 2018, through November 15, 2020. 
Most separated children referred to ORR had been separated because of a parents criminal 
 
history. 
Source:  OIG analysis of ORRs data on referrals to the  UC Program from June 27, 2018November 15, 2020. 
Notes:  In two cases, the child was separated from more than one parent, and DHS provided a different reason for separating the  child from each of the 
childs parents.  Therefore, the sum of the number of referrals does not equal 1,178.  
The category Parents criminal  history includes all children for whom DHS indicated that the parents criminal  history was a reason for separation, 
either alone or in combination with gang/cartel affiliation or immigration history.  The category Parental gang/cartel affiliation includes all children for 
whom DHS indicated that the parents gang/cartel affiliation was a reason for separation, either alone or in combination with immigration history.  
Please see page 11 of this data snapshot (within the Methodology section) for more detail about how we report the reasons for separation on the basis 
of information that DHS provided to ORR. 
In accordance with a June 2018 Federal district court ruling and as clarified in January 2020, a parent and child 
entering the United States without lawful immigration status can be separated only under certain 
circumstances:  when the parent is unfit, poses a danger to the child, has a communicable disease, has a 
criminal history, or is not actually the childs parent.7  With regard to criminal history, the court noted that the 
criteria are not limited to criminal history that has a bearing on a parents fitness or on danger to the child.  The 
court further clarified that because DHS must also account for national  security and law enforcement concerns, 
any type of criminal history can be considered grounds for separating a parent and child.  (There is one 
exception: families cannot be separated solely because of  a parents illegal entry into the United States under 
8 U.S.C.  1325.) 8, 9
Characteristics of Separated Children in ORRs Care  5  What information has ORR received about parents criminal histories that    
led to children being separated? 
ORR staff reported that information about the nature of a parents criminal history is important to their ability 
to assess each childs needs and ensure appropriate care and placement.  In most separations involving a 
parents criminal history, the information that ORR  received from DHS indicated that the parents history 
included multiple types of criminal offenses.  For example, the parent of one separated child had a criminal 
history of disorderly conduct, forgery of checks, and possession of fraudulent immigration documents.  
Another parent had a criminal history of resisting arrest, driving under the influence, cruelty toward a child, and 
felony re-entry into the United States.  Of separated children whose parent had only one type of criminal 
history, the most common type was violent offenses, such as assault.  For 42  children (5 percent of separations 
due to criminal history), the referral did not specify the nature of the criminal history. 
Children were separated for a variety of  alleged criminal offenses that were  reported in their 
parents backgrounds. 
Source:  OIG analysis of ORRs data on referrals to the  UC Program from June 27, 2018November 15, 2020. 
Note:  Please see page 12 of this data snapshot (within the Methodology section) for examples of offenses in each category. 
The level of detail that ORR  received about parents criminal histories varied.  For some separated children, 
ORR  received information that included the dates when  the criminal incidents occurred and how they were 
resolved.  For example, information that ORR  received for one separated child noted that her mother had a 
criminal history of a hit-and-run causing property damage approximately 12 years prior, for which she had 
received 36 months probation with imposition of sentence suspended.10  In other cases, the information that 
ORR received generally described offenses but did not indicate when the incident occurred and did not specify 
whether the history involved an arrest, conviction, or active warrant for the parent.  For example, information 
that ORR  received for one separated child stated that his father had a criminal history of DUI, Felony Hit & 
Run, Minor Traffic Violations, without further detail.  Finally, for some separated children, the information that 
ORR  received explained why the parents criminal history led to separationfor example, stating explicitly that 
the parents criminal history posed a danger to the child or that the DHS family detention center would not 
accept the parent because of  the parents criminal history.  For other children, the information received did not 
include an explanation of why the parents criminal history necessitated family separation.  As prior OIG work 
has noted, incomplete or inaccurate information about the reason for a separation may impede ORRs ability to 
efficiently determine the appropriate placement for the child.11
Characteristics of Separated Children in ORRs Care  6  How were separated children released from ORRs care? 
A child typically remains in ORRs care until an appropriate sponsor is located in the United States who can 
assume custody.12  ORR gives preference to the childs parent, followed by the childs legal guardian.13  If these 
individuals are not qualified to care for the child, ORR may then assess close relatives, distant relatives, or 
unrelated adults such as family friends.  When possible and appropriate, ORR involves the childs parent in 
identifying a sponsor;  for example, in some cases, the parent signs a letter of designation to identify a 
preferred sponsor. 
When ORR cannot identify an appropriate sponsor, ORR  may release the child to a program or facility setting 
in which ORR provides long-term care and custody, including community-based foster care or a group home.  
Children are also released from ORRs care when they turn 18 years old (resulting in transfer to DHS custody) 
or when their immigration status is resolved (including when they are granted voluntary departure from the 
United States).  
Separated children were less likely than non-separated children to be released to a sponsor (including the 
parent from whom they were separated or another appropriate adult).  Separated children were more likely 
than non-separated children to be released through voluntary departure to their home countries. 
Source:  OIG analysis of ORRs data on referrals to the  UC Program from June 27, 2018November 15, 2020. 
Note:  For separated children, the Released to Sponsor category includes both children released to the parent from whom they were separated and 
children who were released to another sponsor (typically a close relativesometimes, the childs other parent).  OIGs Other category includes the 
childs (1) being placed in a DHS family detention center, (2) being granted immigration relief, (3) being referred to law enforcement officials, (4) being 
ordered removed, (5) running away from custody, or (6) having a discharge type that does not fall into one of the available categories in ORRs 
electronic case management system. 
Characteristics of Separated Children in ORRs Care  7  How often were separated children reunified with their separated parent? 
Of the 1,178 separated children referred to  ORR during the period 
of  our review, ORR reunified a total of  182 children (15 percent) 
with the parent from whom they were separated. 
On average, these children remained in ORRs care for 95 days before 
reunification; however, the length of stay varied greatly, ranging from 2 to 
495 days.  It is possible that some children who opted for voluntary 
departure were also able to reunite with a parent in their home country, 
but ORR  reported that it has little visibility into these childrens outcomes. 
Reunification with the separated parent was least likely when the separation was due to a parents 
criminal history and most likely when the separation was due to  a parents  health issues.  
Source:  OIG analysis of ORRs data on referrals to the  UC Program from June 27, 2018November 15, 2020. 
To safely reunify a child with the parent from whom the child was separated, ORR must determine that the 
parent meets all sponsorship requirements and has been or  will be released from DHS custody.  For all children 
in ORRs care, ORR assesses potential sponsorsincluding the childs parentaccording  to statutory 
requirements and ORR  policies intended  to ensure the childs safety.  When the parent has a criminal history 
(as was the case for most separated children in our review), ORR staff use information provided by DHS with 
the childs referral, as well as other sources, to assess whether there could be harm to the child if ORR released 
the child to the parent.  In doing so, ORR takes into consideration the nature of  the criminal history as well as 
how long ago the incident(s) occurred.14  As we have noted previously, the information that ORR  received at 
the time of referral did not always include detailed information about parents criminal histories.  ORR staff 
reported to OIG that they are typically able to request and eventually obtain additional information from DHS, 
but that more timely availability of this information would aid staffs ability to efficiently release the child, 
reducing the length of time that the child remains in ORRs care. 
Characteristics of Separated Children in ORRs Care  8  How long did separated children remain in ORRs care? 
Over the period of OIGs review, separated children were in ORRs care for an average of 84 days, whereas  
non-separated children were in ORRs care for an average of 53 days.  Separated children who were released 
because they were granted voluntary departure were in ORRs care the longest, at 155 days on average.  
Separated children released to sponsors were in care for 72 days.  In comparison, non-separated children who 
were granted voluntary departure were in care for 164 days and non-separated children released to sponsors 
were in care for 50 days.  
As noted in prior OIG work, non-separated children often arrive prepared to provide ORR with information 
about relatives who could serve as potential  sponsors.  In contrast, children separated from their parents by 
immigration officials are less likely to have this information, which can make it more difficult for ORR  to identify 
an appropriate sponsor.  Additionally, very young childrenwho make up a significant proportion of separated 
children placed in ORRs careare often unable to communicate basic facts needed to confirm relationships, 
which similarly hinders the sponsorship and release process. 
Before being released, separated children were in ORRs care for one month longer than non-separated 
children. 
Source:  OIG analysis of ORRs data on referrals to the  UC Program from June 27, 2018November 15, 2020. 
From 2018 to 2020, the average length of time a child  remained in ORRs care before release decreased 
substantially.  However, separated children consistently remained in ORRs care for longer than             
non-separated children. 
Source:  OIG analysis of ORRs data on referrals to the  UC Program from June 27, 2018November 15, 2020. 
Characteristics of Separated Children in ORRs Care  9  Conclusion 
This data snapshot provides information to policymakers, stakeholders, and the public about children who 
have been separated from a parent or legal guardian and referred to ORR after the date that a Federal district 
court halted most family separations (subject to certain exceptions).  With recent increases in the number of 
children entering ORRs care, it is important to understand why children are referred to the UC Program.  In 
addition, previous OIG work found that separated children have distinct needs that ORR  must address and may 
present additional challenges to ORR  operations. 
OIG found that between June 27, 2018 (the day after a Federal district court halted most family separations) 
and November 15, 2020 (the date of the most recent data available at the time of our review), ORR received 
1,178  children who had been separated by DHS from a parent or legal guardian.  This accounts for 1.2 percent 
of all children referred to ORR  during that time.  Most of these separations were carried out because the childs 
parent had a criminal history, the nature of which varied widely.  
Although separated children make up a small proportion of the population ORR serves, they have different 
characteristics and face substantial challenges. They are significantly younger than non-separated children
just 9 years old, on average, with more than a quarter being 5 years old or younger.  Additionally, prior OIG 
work noted that separated children have unique mental health needs. 
Further, the sponsorship assessment process is typically more complex for separated children.  Separated 
children are less likely to have information about relatives in the United States, and due to their younger age, 
are often less able to communicate basic facts needed to confirm relationships.  DHSnot ORRdecides 
when to separate a parent and child upon entry into the United States;  however, ORR  must determine whether 
the child can be safely reunified with the  separated parent and identify an alternative sponsor if needed.  We 
found instances in which ORR  received incomplete information about the reason for separationfor example, 
when a referral attributed a separation to a parents criminal history but did not provide the specifics of that 
criminal history.  In these cases, ORR  and facility staff must spend additional time obtaining needed detail, 
lengthening the release process.  These factors may contribute to OIGs finding that, compared to non-
separated children, separated children remained in ORRs care for longer before being released and were less 
likely to be released to a sponsor such as a parent or legal guardian. 
The June 2018 Federal district court order limited family separations, but it did not end them.  Although family 
separations are far less frequent now than they were during the time of the zero-tolerance policy and related 
prosecution initiatives, such separations remain more frequent than they were  before that time.  As a result, 
separated children are now a consistent presence in the UC Program.  This data snapshot provides information 
about the characteristics, circumstances, and release outcomes of this unique population of children in ORR  
care. 
Characteristics of Separated Children in ORRs Care  10  Methodology 
Data Sources 
ORR extracted the following data on November 24, 2020, in response to OIGs request: 
  The UC Portal is ORRs electronic case management system.  It contains detailed information about every 
child referred to ORR.  We requested relevant fields (date of childs birth, date child was placed with ORR, 
date of childs release, release type, etc.) for all children referred to ORR  from June 27, 2018 through 
November 15, 2020. 
  ORR also maintains a tracking spreadsheet with key information about separated children, including the 
reason that DHS provided to ORR for the separation.  We requested all tracking spreadsheet data for 
separated children referred to ORR from June 27, 2018, through November 15, 2020. 
We also interviewed ORR program staff, including headquarters staff and Federal field specialist supervisors for 
the 4 facilities that received 33 percent of all separation referrals during the period under review:  Cayuga 
Centers, BCFS San Antonio, Southwest Key Casa Padre, and Southwest Key Combes.  We interviewed staff 
about their observations regarding family separation as well as challenges that they experienced in receiving 
from DHS complete and accurate data regarding parents backgrounds, including the reasons for separations.  
Analysis 
We analyzed data from the UC Portal and ORRs tracking spreadsheet to determine the number of separated 
and non-separated children who have been referred to ORR  after the June 26, 2018, court order.15  For each 
group, we summarized demographic characteristics such as age, sex, and country of origin; calculated the 
average length of stay; and determined the frequency of various release outcomes. 
For separated children, we also identified the reason that DHS provided for separating the family.  DHS 
communicated to ORR  a general reason for each separation, using the following categories: 
  Health issue/hospitalization; 
  Parent criminal history; 
  Parent criminal history and immigration history; 
  Parent cartel/gang affiliation and criminal history; 
  Parent criminal history, immigration history, and cartel/gang affiliation; 
  Parent cartel/gang affiliation; 
  Parent cartel/gang affiliation and immigration history; 
  Parent fitness (other than for hospitalization)/child danger concerns; 
  Unverified familial relationship/fraud; 
  Separated from other adult relative; 
  Referred for prosecution; 
  Otherwarrant; and 
  Other. 
For each category, we calculated the frequency of referrals of separated children.  To describe children 
separated by DHS because of parental criminal history, we combined referrals associated with the following 
DHS categories:  Parent criminal history; Parent criminal history and immigration history; Parent cartel/gang 
affiliation and criminal history; Parent criminal history, immigration history, and cartel/gang affiliation.  To 
describe children separated by DHS because of parent cartel/gang affiliation, we combined referrals associated 
with the following DHS categories: Parent cartel/gang affiliation; Parent cartel/gang affiliation and immigration 
history.  To describe children separated by DHS because of concerns that the individual accompanying the 
child was not the childs parent (i.e., parental relationship not verified), we combined the following DHS 
categories:  Separated from other adult relative; Unverified familial relationship/fraud. 
Characteristics of Separated Children in ORRs Care  11  DHS provides additional information about the reason for separation in a separate field.  When the general 
reason for separation was parental criminal history,  we used the additional information to categorize the 
criminal history as follows: 
  Offenses involving violence (e.g., homicide, domestic violence, assault); 
  Offenses involving sexual indecency (e.g., indecent exposure, soliciting a lewd act, prostitution); 
  Economic offenses (e.g., forgery, burglary, extortion); 
  Offenses involving drugs (e.g., marijuana or other drug possession; trafficking or distribution of drugs); 
  Offenses involving immigration (e.g., illegal re-entry to the United States, human smuggling, false 
citizenship); 
  Traffic-related offenses (e.g., driving under the influence, driving without a valid license, failure to stop 
and give information); 
  Offenses involving corruption and administration of justice (e.g., failure to appear, probation violation, 
flight from officer); 
  Other offenses (e.g., reckless conduct, disturbing the peace, public intoxication); and 
  Not specified (no information about the offense(s) committed by the parent). 
The data that DHS provided to ORR  sometimes listed multiple offenses but did not clearly indicate which 
specific offense(s) led immigration officials to separate the child from the parent.  Therefore, for each referral, 
we included all offenses that were listed in the information DHS provided.  When all offenses listed were of a 
single type (for example, drug), we categorized the child as having been separated from the parent because of 
that offense type.  When the offenses encompassed multiple types (for example, drug and violence), we 
categorized the child as having been separated from the parent because of multiple types of criminal 
offenses. 
Additionally, we analyzed ORR interview responses to summarize challenges that program staff and Federal 
field specialist supervisors report in obtaining from  DHS complete and accurate data regarding parents 
backgrounds, including the reasons for separations. 
Scope 
This study includes children referred to ORR  from June 27, 2018, through November 15, 2020.  We describe the 
number and characteristics of separated children as well as the information DHS provided to ORR  about the 
reasons for separation.  We did not determine whether ongoing separations are in accordance with the courts 
instructions, as the decision to separate a child from a parent or legal guardian is made by DHS rather than 
ORR.  
Limitations 
We did not independently verify data provided by ORR or by DHS. 
Standards 
We conducted this study in accordance with the Quality Standards for Inspection and Evaluation issued by the 
Council of the Inspectors General on Integrity and Efficiency. 
Characteristics of Separated Children in ORRs Care  12  Acknowledgments 
Bahar Adili served as the team leader for this study.  Office of Evaluation and Inspections headquarters staff 
who provided support include Kaliane Davidson, Christine Moritz, and Mike Novello.  
We would also like to acknowledge the contributions of other Office of Inspector General staff, including Laura 
Canfield and Jessica Swanstrom. 
This report was prepared under the direction of Dave Tawes, Regional Inspector General for Evaluation and 
Inspections in the Baltimore regional office; Louise Schoggen, Assistant Regional Inspector General; and 
Heather Barton, Deputy Regional Inspector General. 
Endnotes 
1 No statute dictates the circumstances under which families will be separated upon apprehension by 
immigration authorities, and there are no detailed records of historical numbers and causes of family 
separations.  However, the Government Accountability Office (GAO) reports that according to DHS and HHS 
officials, DHS has historically separated a small number of children from accompanying adults, citing reasons 
such as a threat to the childs safety or when the adult is not confirmed to be the childs parent or legal 
guardian.  (See: GAO, Unaccompanied Children: Agency Efforts to Reunify Children Separated from Parents at the 
Border, GAO-19-163, October 9, 2018, p. 13.  Available at https://www.gao.gov/assets/700/694918.pdf.)  ORR 
staff we interviewed for a prior study confirmed that historically, ORR had received small numbers of separated 
children, citing reasons such as the parents experiencing a medical problem that precluded caring for his or 
her child.  (See: HHS OIG, Separated Children Placed in Office of Refugee Resettlement Care, OEI-BL-18-00511, 
January 2019.  Available at https://oig.hhs.gov/oei/reports/oei-BL-18-00511.pdf.)  ORR is not a law enforcement 
agency and has no role in the decision to separate families or prosecute violations of immigration law. 
2 Based on court filings in the Ms. L v. ICE, No. 18-0428, litigation, approximately 4,000 children  were  separated 
from their parents between July 1, 2017, and June 26, 2018, the majority of whom have now been reunified 
with their parents. 
3 On June 26, 2018, a Federal district court issued a preliminary injunction prohibiting family separations 
(subject to some exceptions) and ordered the Federal Government to quickly reunify separated families who 
met certain criteria.  See: Ms. L v. ICE, 310 F. Supp. 3d 1133 (S.D. Cal. June 26, 2018).  In accordance with the 
June 2018 district court ruling and as clarified by the court in January 2020, a parent and child entering the 
United States without lawful immigration status can be separated only under certain circumstances:  when the 
parent is unfit, poses a danger to the child, has a communicable disease, has a criminal history, or is not 
actually the childs parent.  There is one exception to the provision that a parent and child can be separated 
because of the parents criminal history:  illegal entry into the United States under 8 U.S.C.  1325.  See:  Ms. L. v. 
ICE, 310 F. Supp. 3d at n. 11.  The distinctions between illegal entry under 8 U.S.C.  1325 and 8 U.S.C.  1326 
are discussed in more detail at Ms. L. v. ICE, 415 F. Supp. 3d  980, 993-995 (S.D. CA 2021). 
4 HHS OIG, Care Provider Facilities Described Challenges Addressing Mental Health Needs of Children in HHS 
Custody, OEI-09-18-00431, September 2019.  Available at https://oig.hhs.gov/oei/reports/oei-09-18-00431.pdf; 
HHS OIG, Communication and Management Challenges Impeded HHS's Response to Zero-Tolerance Policy, 
OEI-BL-18-00510, March 2020. Available at https://oig.hhs.gov/oei/reports/oei-BL-18-00510.pdf. 
5 In addition to the 1,178 children described in this review, the most recent publicly available summary data 
released by ORR indicate that 99 additional children were separated by DHS from a parent or legal guardian 
and referred to ORR between December 1, 2020, and June 30, 2021.  
6 See Endnote 1. 
7 Ms. L. v. ICE, 415 F. Supp. 3d at 993 (January 13, 2020, order granting in part and denying in part plaintiffs 
motion to enforce the Courts June 26, 2018, preliminary injunction). 
Characteristics of Separated Children in ORRs Care  13  8 See Endnote 3. 
9 Ms. L. v. ICE, 415 F. Supp. 3d at 993 (January 13, 2020, order granting in part and denying in part plaintiffs 
motion to enforce the Courts June 26, 2018, preliminary injunction). 
10 Imposition of sentence suspended means that probation was assigned but without a prison term in the 
case that probation is violated. 
11 HHS OIG, Separated Children Placed in Office of Refugee Resettlement Care, OEI-BL-18-00511, January  2019.  
Available at https://oig.hhs.gov/oei/reports/oei-BL-18-00511.pdf. 
12 8 U.S.C.  1232(c). 
13 Flores v. Reno, No. 85-4544 (C.D. Cal. Jan. 17, 1997).  This Stipulated Settlement Agreement sets out an 
order of priority for sponsors with whom children should be placed.  
14 In some cases, even if the parents criminal history itself does not suggest potential harm to the child, ORR 
may nonetheless be unable to release the child to the parent because the parent is in Federal custody and 
the child would be unable to remain with the parent while the parent undergoes legal proceedings. 
15 A very small proportion0.1 percentof children in our period of review were associated with multiple 
referrals.  We used the number of referrals to represent the number of children referred to ORR.  
Characteristics of Separated Children in ORRs Care  14