ORR Guide to Eligibility, Placement, and Services for Unaccompanied Refugee Minors (URM): Section 1

Section 1: Eligibility for the URM Program and the Application Process

Section 1 of the URM policy guide provides guidance on the following topics: eligible populations, eligibility requirements, the URM application process, age discrepancies during the application process, considerations in securing an initial appropriate placement, notification if no appropriate placement is identified, ORR’s approval to enter the URM program, and the transition to the URM program.

Unaccompanied minors enter the URM program in one of the three following ways:

1. U.S. Refugee Admissions Program: Pursuant to 8 U.S.C. § 1157, the U.S. Department of Homeland Security determines whether unaccompanied minors overseas qualify for refugee status. Pursuant to 8 U.S.C. § 1522,ⁱ the U.S. Department of State’s Bureau of Population, Refugees, and Migration administers the process of bringing unaccompanied minors with refugee status to the United States to enter the URM program.
2. ORR’s Unaccompanied Children’s (UC) Programⁱⁱ: When an unaccompanied child in ORR custody becomes eligible for the URM program through one of the qualifying categories noted in section 1.1 below, an application can be submitted to ORR on the minor’s behalf to apply for the URM program.
3. Community referral: When an unaccompanied minor in any of the qualifying categories noted in section 1.1 resides in the community and needs out-of-home placement, an application can be submitted to ORR on the minor’s behalf to apply for the URM program. Community referrals include refugee minorsⁱⁱⁱ resettled to the U.S. and minors previously in ORR custody who experience a breakdown in their care arrangement.

1.1 Eligible Populations

Unaccompanied minors in the United States in the following categories are eligible for the URM program:

Note: Legible copies of acceptable documentation may be submitted as proof of status.

1.2 Eligibility Requirements

In addition to meeting one of the eligible categories in section 1.1, a minor must meet the additional eligibility requirements below to enter the URM program.

1. The minor must be eligible for child welfare services in the state of URM placement. In states operating URM programs, if a state or its designee does not establish legal responsibility for a minor prior to the minor’s 18th birthday^v, the minor will not be eligible for foster care and subsequent independent living services.
2. The minor must not have an adult in the United States with a clear and court-verifiable claim to legal responsibility for the minor.
3. The minor must be without a parent or close adult relative in the United States who is willing and able to care for the minor.
4. The minor must not be in the care of an entity, other than the federal government, that has assumed legal responsibility for the minor.^vi
5. The minor must be ready for community-based placement, and the level of care provided in the URM program should be appropriate given the needs of the minor.

1.3 Application Process

ORR provides a uniform process for all eligible minors in the United States to apply for placement into the URM program.^vii

1.3.1 How to Submit an Application to the URM Program

ORR accepts URM applications through the Refugee Arrivals Data System (RADS), a secure database operated by ORR. To submit a URM application on behalf of a minor, send your first name, last name, phone number, agency name, agency address, and email address to urmprogram@acf.hhs.gov. Upon receipt of your email, ORR will create a RADS account for you, and will send you an automated email with instructions on how to submit an application.

ORR accepts completed applications to the URM program from various application assisters, including: caseworkers in the ORR UC program, attorneys, case managers, social workers, State Refugee Coordinators (SRCs), or others acting on behalf of a minor. ORR encourages application assisters to submit URM applications well in advance of a minor’s 18th birthday, once eligibility is established. Please note that ORR cannot guarantee entry into the URM program, particularly when a minor is approaching their 18th birthday.

1.3.2 Unaccompanied Minors Who Are Exempt from Submitting an Application

As noted above, PRM administers the process of bringing unaccompanied refugee minors to the United States and identifying an initial placement into the URM program. PRM works with two national resettlement agencies, Global Refuge (formerly LIRS) and the U.S. Conference of Catholic Bishops (USCCB), plus their network of URM provider agencies, to place minors into the program. Pursuant to a long-standing federal arrangement, ORR is not involved in the URM referral or placement process for refugees arriving from overseas; therefore, unaccompanied refugee minors from overseas do not need to submit a URM application.

1.3.3 ORR’s Review of a URM Application

ORR carefully reviews each URM application submitted in RADS to determine whether the minor meets the requirements described in section 1.2.  The review involves determining eligibility, gathering additional case information, assessing needs and placement options, coordinating communication among stakeholders, and making decisions about whether the minor will be referred to a URM provider for placement. In its review, ORR will consider whether:

1. The application and supporting documentation show that the minor has met the statutory, regulatory, and policy requirements to enter the URM program.
2. Sufficient time exists prior to the minor’s 18th birthday for ORR to process the application and for a state with an appropriate placement to establish legal responsibility.^viii
3. Additional information is needed to determine a minor’s suitability for URM program services and benefits. For youth who are or have been in federal custody through the UC program, ORR may also gather pertinent information from its own records related to a minor’s background or behavior while in ORR custody.
4. The minor has family members in the United States who can provide appropriate care, or whether care is available through the local child protective system or other resources.^ix
5. Additional efforts to obtain consent from the parent for placement in the URM program need to be made, when ORR has determined that a child in ORR custody cannot be released to a parent in the United States.
6. To contact the SRC in the minor’s state of residence to gather information on any known plans and options for care of the minor, in the case of a refugee minor who has experienced a breakdown in care arrangements.

If, after reviewing the application, ORR determines that the minor does not meet the eligibility criteria in sections 1.1 and 1.2, ORR will close the application and notify the application assister in RADS. If ORR determines that the minor is eligible for the URM program, ORR will begin the process of securing an appropriate placement, as described in section 1.5.

1.4 Age Discrepancies During the Application Process

Discrepancies in the age of a minor can occur for a variety of reasons, including but not limited to:

1. Unavailable documentation;
2. Contradictory or fraudulent identity documentation and/or statements;
3. Physical appearance of the individual;
4. The cultural significance or documentation of birthdates;
5. Chaotic circumstances surrounding a birth (e.g., during flight or conflict);
6. Officials inappropriately estimating a birthdate; and
7. Clerical or administrative errors that occur during migration.

1.4.1 Questions About Age During the Application Process

If there are questions about a minor’s age, application assisters should note the discrepancies on the URM application. Application assisters should submit evidence from the following categories when requesting an age determination during the URM application process. Application assisters do not need to submit evidence from each category.

1. Documentation:
   
   ORR will consider the following documents when determining age for the purpose of a URM application.
    
   1. Official government-issued documents (e.g., birth certificate); and
   2. Other reliable records (e.g., baptismal certificate, school records, medical records) that indicate the minor's date of birth.
       
2. Statements
   
   ORR will consider statements by individuals (including the minor) who have personal knowledge of the minor's age.  ORR will not use a minor's uncorroborated declaration regarding age as the sole basis for an age determination.
    
   1. Statements provided by the applicant regarding their age or birth date;
   2. Statements from the applicant's parent(s) or legal guardian(s), if such persons can be identified and contacted;
   3. Statements from other persons;
   4. Information from another government agency (federal, state, local, or foreign);
   5. State or local arrest records; or
   6. Child welfare agency records.
       
3. Medical Assessments:
   
   ORR will consider medical assessments that determine age.  These assessments can include the use of imaging technology (e.g., x-rays) or physical examinations.  In regards to dental and skeletal (bone) maturity assessments using x-rays, ORR will only consider these in conjunction with other evidence.  No current medical assessment method can determine an exact age; best practice relies on the estimated probability that an individual is 18 years of age or older.  For the purpose of the URM application process, after reviewing the totality of the evidence, ORR may consider the applicant over the age of 18 if an applicant’s estimated probability of being 18 years of age or older is 75 percent or greater according to a medical age assessment.  ORR will utilize the 75 percent probability threshold when considering all medical methods and approaches for assessing age.  Medical assessments must:
   1. Be performed by a medical professional experienced in age assessment method(s);
   2. Take into account the applicant’s ethnic and genetic background; and
   3. Include a written report by the examining doctor indicating the probability percentage that the individual is a minor or an adult.

1.5 ORR Considerations in Securing an Initial Appropriate Placement

Upon review of a URM application, if ORR determines that a minor is eligible based on the factors described in section 1.2, then ORR will attempt to find a URM program that has an appropriate placement to meet the needs of the minor.  ORR will consider the:

1. Available capacity across URM program locations;
2. Information submitted in the application;
3. Relevant information from the UC program;
4. Location of relatives with whom the minor has a relationship; and
5. Minor’s ability to access other needed benefits and services in the state or local community.

1.5.1 Referral Process

ORR will attempt to arrange for the placement of a minor via referral to Global Refuge, USCCB, and/or states, through RADS.  In the referral process, ORR will highlight considerations of a minor’s application that should be taken into account for any potential placement.

1.5.2 Coordinating With Global Refuge (formerly LIRS) and USCCB to Secure a Placement

ORR’s standard approach for securing a placement is to refer applications to Global Refuge and USCCB.  Global Refuge and USCCB confer with their local affiliates (URM provider agencies) and attempt to locate a placement for an eligible minor.  If one of the agencies is able to secure a placement for the minor, it will confirm the placement by submitting an assurance memo to ORR.

1.5.3 Coordinating With States Participating in the URM Program to Secure a Placement

In order to secure a placement, ORR may also refer applications to states that administer a URM program. A state will confer with its sub-recipients, URM provider agencies, or other available placement resources to locate a placement for an eligible minor. If a state is able to secure a placement for the minor, the state will confirm the placement by ensuring an assurance memo is submitted to ORR.

For more information on the administrative responsibilities of states related to the process of securing initial placements for minors referred to the URM program, see section 2.3.

1.5.4   Placement Assurance

If Global Refuge, USCCB, or a state is able to secure a placement for a minor, it must submit or ensure that a placement assurance memo is submitted to ORR through RADS. A placement assurance memo should outline the following:

1. Proposed placement plan;
2. Point of contact from receiving URM provider agency;
3. Preferred arrival airport;
4. Requested arrival date to ensure legal responsibility can be timely established; and
5. Other case-specific considerations pertaining to the minor’s arrival and service needs (e.g., medical, mental health).

For more detailed information about placements, see section 2.0.

Once Global Refuge, USCCB, or a state submits a placement assurance memo, ORR reviews the memo to ensure the placement listed will meet the minor’s needs.  If more than one placement option is proposed, ORR will review all proposed options to determine which placement will best meet the minor’s needs.  If ORR determines an appropriate placement has been found, ORR will accept the placement in RADS, which will send an auto-notification of the placement acceptance to the application assister and relevant states and referral partners.  ORR will continue to process the application in accordance with section 1.7.

If ORR determines that the proposed placement(s) will not meet the minor’s needs, ORR will request Global Refuge, USCCB, and/or the state to reinitiate placement efforts.  In addition, ORR will notify the application assister that the placement search is ongoing, and will request regular case updates to aid in the new placement efforts. 

ORR will keep an application open and continue to engage the application assister and referral partners until an appropriate placement is found, or until the minor’s 18th birthday. 

1.6    When No Appropriate Placement is Identified

If ORR’s referral partners cannot secure an appropriate placement before a minor’s 18th birthday, ORR will send a “no placement” letter to the application assister indicating that the minor will not be able to enter the URM program. 

1.7    ORR Approval to Enter the URM Program

If an appropriate placement has been found, and ORR approves the minor’s entrance into the URM program, ORR will send a letter indicating this acceptance to the SRC in the state with the identified placement, the URM provider agency, Global Refuge or USCCB, and the application assister.  The minor’s acceptance into the URM program will be effective on the date indicated in the letter, after which the minor may enter the URM program.

1.8    Transition to the URM Program

With the exception of unaccompanied minors with refugee status (referenced in section 1.3.2), the state or its designee may not admit a minor into the state’s URM program until they have received an approval letter from ORR.  

Upon receipt of an ORR approval letter, the state or its designee must promptly coordinate travel logistics to quickly transition the minor into the URM program.  For a minor leaving ORR custody who must physically transfer to enter the URM program, the state or its designee must communicate with the UC care provider to ensure the minor’s travel is promptly arranged and the minor is safely escorted to the URM program.  The state or its designee is not typically responsible for escorting the minor and paying for the minor’s travel.  The state or its designee must also work with the UC care provider during the transfer process to obtain all necessary case documentation, including health, legal, education, and family reunification records.

On the rare occasion a minor enters the URM program from the community (i.e., a minor who is not in ORR custody), the state or its designee can use URM program funds for transfer/travel costs. 

Since the federal government is not a party to the Interstate Compact on the Placement of Children (ICPC), the ICPC does not apply to any minor exiting ORR custody and transferring into the URM program. For more information about interstate movement after a minor has entered the URM program, see section 2.4.

Pursuant to 8 U.S.C. § 1522(d)(2)(B)(ii), during any interim period after a minor in the U.S. is approved to enter the URM program (or is in transit to the U.S., if a refugee) but before the state or its designee establishes legal responsibility for the minor, the Director of ORR may assume legal and financial responsibility for the child, if necessary, and may make decisions to provide for the minor’s immediate care.  If the Director assumes this responsibility over a minor, the authority will last until the state or its designee establishes legal responsibility of the minor for the purpose of URM placement, in accordance with the state’s respective arrangements for the URM program.  For more information about establishment of legal responsibility, see section 2.2.

Footnotes

^i. In a letter dated January 13, 1981, President Jimmy Carter wrote the Speaker of the House of Representatives, stating that the U.S. Department of State should retain the authority to administer Reception and Placement grants, awarded to resettlement agencies for the initial placement and services of refugees.
^ii. For more information about the UC Program, another ORR program serving special populations of unaccompanied minors, see 6 U.S.C. § 279 and the ORR website.
^iii. A minor who entered the country with a parent or close nonparental adult relative may be eligible for the program, in very rare circumstances, if the minor cannot enter the state foster care system and if the application assister requests that ORR waive 45 CFR § 400.111.  For questions regarding this type of case, please contact the URM program at urmprogram@acf.hhs.gov.
^iv. For more information about the appropriate documentation for each immigration status or category, see ORR PL 16-01, the attached documentation guide, ORR PL 22-02 (PDF), and ORR PL 22-13 (PDF).
^v. On rare occasions, youth approved for the URM program may turn 18 years old prior to the establishment of legal responsibility. (See section 2.2 for additional information on legal responsibility.) In limited situations, the approved youth may still be able to receive URM services and benefits, if a state or its designee can establish legal responsibility of the youth in accordance with state law.
^vi. Excludes UC in ORR custody with dependency orders that were adjudicated by family or juvenile courts for the purpose of applying for an SIJ classification.
^vii. This standard application process replaces all other prior processes ORR used to determine an unaccompanied minor’s eligibility for the URM program. The URM policy guide rescinds ORR State Letters 01-27 and 02-07.
^viii. See 45 CFR § 400.115. To enter the URM program, a minor must be eligible for foster care and/or independent living services under state law. In states operating URM programs, if legal responsibility is not established prior to the minor’s 18th birthday, the minor is not eligible for foster care and subsequent independent living services. Therefore, for a minor to enter the URM program, the state must establish legal responsibility for the minor before the minor’s 18th birthday. A minor typically must arrive in a URM location at least two months before turning 18 years old, depending on the state, in order for legal responsibility to be timely established.
^ix In rare cases, even if relatives are available, ORR could still decide to place the minor into the URM program if those relatives are willing to become licensed foster care families. If a family member is in a jurisdiction where a URM program operates, and it is determined that a minor may be safely and permanently placed with this family member if given additional supports, ORR may recommend that the URM program attempt to license the family member in accordance with the state's regulations