CHICAGO – Attorney General Kwame Raoul today, as part of a coalition of 19 attorneys general, submitted a comment letter opposing the U.S. Department of Health and Human Services’ (HHS) interim final rule that makes significant changes to the 2024 Unaccompanied Children Program Foundational Rule.
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Raoul and the coalition argue that these changes will deter prospective sponsors, many of whom are parents or close relatives, from coming forward to sponsor unaccompanied children, prolonging the time these children spend in federal custody.
“Holding unaccompanied immigrant children in federal custody for prolonged periods of time further traumatizes these children and does not represent the morals of the American people,” Raoul said. “We must do everything possible to unite immigrant children with sponsors, who are oftentimes family members, and support their smooth transition into their new communities. I am proud to stand with my colleagues to protect sponsors and to ensure these children have the opportunity to succeed.”
In their letter, Raoul and the coalition express their strong concern with the interim final rule’s removal of provisions prohibiting the Office of Refugee Resettlement from disqualifying potential sponsors for unaccompanied children based solely on their immigration status; collecting information on the immigration status of potential sponsors for law enforcement or immigration enforcement related purposes; and sharing information about sponsors’ immigration status with law enforcement and immigration enforcement related entities.
Raoul and the attorneys general have a strong interest in protecting the rights of unaccompanied immigrant children, as many of these children will eventually be released to sponsors in their states. These children become important members of their communities, students in their schools, and eventually, parents of their own families. Forcing these children to spend prolonged time in federal custody will make it more difficult for them to thrive in their communities upon release. A robust body of research shows that prolonged time in immigration custody is particularly harmful for children’s physical and mental health and disrupts their development.
In the comment letter, Raoul and the coalition express strong concern with both the substance of HHS’ rulemaking and its decision to make this significant regulatory change through an interim final rule rather than providing notice and sufficient opportunity for the public to comment, as required under the Administrative Procedure Act. The coalition points out that HHS has failed to adequately justify its determination that there is good cause to exempt this action from the APA’s notice and comment requirements.
Raoul and the coalition state that unaccompanied children already within our borders need more protection, not less. Attorney General Raoul previously joined a multistate coalition in support of the Foundational Rule’s expansion of protections for unaccompanied children that have now been rescinded. In today’s letter, a similar coalition urges HHS to withdraw the interim final rule and provide the public with notice and the opportunity to comment on any future proposal to rescind these protections.
Joining Attorney General Raoul in sending the letter are attorneys general of California, Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington.
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