HHS tweaks privacy rules for unaccompanied refugee children.
Published Date: 9/28/2026
Notice
Summary
The Department of Health and Human Services is updating its records system for unaccompanied children in refugee care to improve how information is shared for their protection, while keeping privacy strong. This change affects children, their sponsors, and households involved in the program. The update takes effect October 28, 2026, with a 30-day comment period and no new costs involved.
Analyzed Economic Effects
5 provisions identified: 2 benefits, 2 costs, 1 mixed.
More data sharing for child safety
ORR revised routine uses (including Routine Uses 5, 6, and 20) so it can share records more easily with the Department of Homeland Security and law enforcement for child safety and criminal investigations (including trafficking). At the same time, ORR says such sharing must not be used for immigration enforcement. ORR removed some prior procedural requirements (for example, express written advisories and individualized best-interest determinations) that had delayed certain disclosures.
Long 50-year record retention
Unaccompanied Alien Children (UAC) case file records are retained for 50 years after a child is released from ORR custody under the National Archives and Records Administration-approved schedules. This retention applies regardless of the child's later status.
Records used for research and modeling
ORR may disclose records from this system for approved research and predictive modeling to entities (including other Federal agencies such as DHS Office of Homeland Security Statistics, Department of Justice, and Department of State) that ORR determines support UAC Bureau policymaking and operations. ORR lists this as a new Routine Use 23 allowing statistical analysis and reporting to inform agency decisions.
Stricter record access verification and penalty
To access records, individuals must submit a written request and verify identity either with notarization or a written certification that they are the person they claim to be. The Privacy Act warning warns that knowingly requesting records under false pretenses is a criminal offense punishable by a fine of up to $5,000.
Privacy Act protections extended by policy
ORR states that, as a matter of discretion, it will treat information in its mixed systems of records (which include records about non-U.S. persons) as subject to the Privacy Act protections even when the individuals are not U.S. citizens or lawful permanent residents. This implements the Office of Management and Budget's 1975 non-U.S. persons policy.
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Key Dates
Department and Agencies
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