The Department of Health and Human Services, Administration for Children and Families has a requirement for legal services for unaccompanied children post-release from ORR.

ORR’s Unaccompanied Children Program (ORR/UCP) provides temporary shelter care and child welfare-related services to unaccompanied children referred from other Federal entities. Unaccompanied children are housed in a network of shelters operated by state-licensed entities and other ORR-funded influx and care providers. Residential services begin once ORR admits an unaccompanied child for placement and primarily end when ORR releases the unaccompanied child to a suitable sponsor, when the unaccompanied child turns 18 years of age, when disposition of the unaccompanied child’s immigration case results in the unaccompanied child receiving legal status, or if the unaccompanied child departs from the United States (including through voluntary departure).

The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA of 2008), requires, “[T]he Secretary of Health and Human Services shall ensure, to the greatest extent practicable, … that all unaccompanied alien children who are or have been in the custody of the Secretary or the Secretary of Homeland Security … have counsel to represent them in legal proceedings or matters and protect them from mistreatment, exploitation, and trafficking. To the greatest extent practicable, the Secretary of Health and Human Services shall make every effort to utilize the services of pro bono counsel who agree to provide representation to such children without charge.” (TVPRA of 2008), 8 U.S.C. §1232(c)(5). This PRLS initiative is focused on expanding legal representation for unaccompanied children who have been released from ORR and are now living with their sponsors or otherwise living in community in the United States.

Recipients funded under the PRLS initiative must comply with applicable state licensing requirements, pertinent federal laws and regulations; and all ORR policies and procedures, including, but not limited to, the ORR UC Program Policy Guide and the UC Program Field Guidance, both as written on the effective date of the award and as amended subsequent to the effective date. Accordingly, recipients must also implement internal policies and procedures for the prompt dissemination, training, and implementation of new or updated ORR policies, procedures, and field guidance.

• Conduct needs assessment of immigration legal services needs for unaccompanied children
• Provide immigration legal services to unaccompanied children released from ORR in immigration proceedings and related petitions for immigration relief
• Assist in applying for work authorization for unaccompanied children, if applicable
• Provide direct legal services to unaccompanied children released from ORR in applications for custody, guardianship, or equivalent petitions before state courts
• Recruit, train, and retain legal services and support staff
• Oversee and coordinate qualified pro bono representation and related services for eligible, assigned unaccompanied children in their immigration proceedings
• Organize and coordinate a process by which ORR-funded unaccompanied children’s programs, including Post-Release Services, can refer unaccompanied children released from ORR immigration legal assistance
• Organize and coordinate an outreach program to identify eligible unaccompanied children and inform them about the opportunity for legal assistance under this initiative
• Provide and/or facilitate learning and development trainings to immigration attorneys and other legal services staff  on legal representation for unaccompanied children
• Provide reporting to ORR on service provision under this initiative