Plaintiffs – five children in government custody and Immigrant Defenders Law Center (ImmDef) – filed suit to challenge the U.S. Department of Health and Human Services (HHS) policies that have resulted in a significant increase in the length of detention for unaccompanied children. Children like Plaintiffs who have family members ready and able to care for them and would have previously been released to them within days or weeks are now stuck in prolonged detention for months or years. The lawsuit argues specifically that HHS’s March 25, 2025 Interim Final Rule and other policies implemented by ORR have unlawfully rescinded protections that facilitate the release of unaccompanied children and implemented new, restrictive requirements of sponsor documentation that prolong detention. Co-counsel representing plaintiffs are the National Center for Youth Law and Democracy Forward.
On May 9, Plaintiffs moved for class certification on behalf of children nationwide in similar situations, and for a preliminary injunction to temporarily block the government from enforcing these policies while the litigation proceeds.
On June 9, Judge Friedrich partially granted Plaintiffs’ preliminary injunction, temporarily preventing the government from enforcing the identification and proof of income requirements for all potential sponsors of children in ORR custody. In the same order, Judge Friedrich also granted Plaintiffs’ motion for class certification.
On August 30, Judge Friedrich set a briefing schedule for the final resolution of the case via summary judgment. Plaintiffs filed their motion for summary judgment on September 12, with briefing on summary judgment to conclude on October 31, 2025.
Technical Summary
Plaintiffs allege that the changes to the HHS rule and policies violate the Administrative Procedure Act, the Paperwork Reduction Act, and their due process rights to family unity. The proposed class is: all unaccompanied children who are or will be in the custody of HHS and who (a) have or had a potential sponsor who has been identified; and (b) have not been released to a sponsor in whole or in part because they are missing documents newly required on or after March 7, 2025.
