Unviable wait times endanger undocumented children, warn lawyers

Undocumented children in the U.S. immigration system can face longer, riskier stays in government custody when sponsor vetting slows down, information sharing deters family sponsors, and legal services get cut back. If you’re a parent, relative, or trusted adult trying to reunify with a child, the fastest way to protect them is to prepare a complete sponsor packet early, choose a safe address and stable caregiver plan, and line up legal help before deadlines hit.

This guide is for anyone trying to bring an unaccompanied child out of HHS/ORR custody—or supporting a family through reunification—especially if you’re worried that current wait times and policy shifts will keep a child in a shelter longer or push families toward unsafe arrangements.

Why reunification has gotten harder (and why timing matters)

Two recent changes are driving delays and safety concerns raised by child-welfare advocates:

• An HHS/ORR “Interim Final Rule” (IFR) published March 25, 2025 changed how sponsor information can be shared. Advocates warn this deters undocumented family members from coming forward to sponsor a child, reducing safe placement options.
• A major cutback in legal representation reported on March 21, 2025 left many children without lawyers while reunification steps and immigration court cases keep moving.

Advocates and providers also report stricter vetting and added document requirements tightened in March 2025 have increased the average time children spend in ORR custody, even while arrivals declined. Longer custody stays raise the risk of harm, including exploitation and trafficking.

Important: timing matters. If the IFR or new document rules applied to your case, legal strategy and eligibility can change. Speak with counsel that knows the dates and rules at issue.

Eligibility: who can sponsor a child from ORR custody

Cases move faster when sponsors understand what ORR looks for. ORR commonly considers these sponsor categories:

• Parent or legal guardian
• Adult close relative (sibling, grandparent, aunt, uncle)
• Non-relative caregiver (when no suitable relative is available)

To qualify as a sponsor, you must show you can provide:

• A safe home
• Stable caregiving and supervision
• A plan for school and medical care
• Willingness to cooperate with ORR’s release and follow-up process

A “fast” release depends on trust and documentation. If your packet is incomplete, the case can stall, be delayed, or be closed.

Step-by-step: how to reduce delays and protect the child (4 steps)

1) Confirm the child’s case status and release track

Start by learning where the child is in the ORR process. You need to know:

• Whether a sponsor has already been identified
• Whether the reunification application is open, delayed, or under extra review
• Whether any newly required documents are blocking completion

If the child has immigration court dates, track them closely. Missed hearings can trigger removal orders, and the child may not understand the consequences without counsel.

2) Build a “no-surprises” sponsor packet

Delays often happen when ORR asks for identity verification, proof of relationship, or household information and the sponsor can’t produce it quickly.

Your goal is to submit a packet that answers the hard questions upfront, focused on:

• Identity: who you are
• Relationship: why you’re the right caregiver
• Household safety: who lives in the home and whether it’s stable
• Child care plan: school, medical care, transportation, supervision

This matters more when sponsors are afraid to come forward due to information-sharing fears tied to the Interim Final Rule.

3) Set up legal support immediately (even if services were cut)

A child’s immigration case and ORR release process affect each other. When legal services are reduced, children can miss filings that protect them, including pathways like Special Immigrant Juvenile Status (SIJS) for children who qualify.

Secure legal help fast if:

• The child has an upcoming hearing
• The child may qualify for SIJS or other relief
• The sponsor packet is delayed, closed, or denied
• The child has trauma history or trafficking risk indicators

For SIJS background and requirements, review USCIS guidance here: Special Immigrant Juveniles.

4) Create a safety plan for the waiting period

Long wait times create danger when a child stays in congregate care longer, or when families consider informal placements outside ORR’s process.

Build a safety plan that covers:

• Safe contacts: trusted adults and backup caregivers
• Communication rules: who can contact the child and how
• Transportation plan: who will pick the child up after release
• School plan: enrollment steps and attendance support
• Medical plan: primary care, mental health care, medications

If anyone suggests “just place the child with a friend” outside the formal process, treat it as a red flag. Informal placement increases exposure to exploitation and blocks oversight.

Warning: informal placements or “quick handoffs” can lead to exploitation, trafficking, loss of custody claims, and no access to legal relief. Always prioritize formal, documented reunification.

Documents you should gather before ORR asks (complete checklist)

Collect documents in categories. If you lack a document, prepare an alternative and a written explanation. Make a single, clearly labeled PDF packet and include a one-page cover sheet listing every document in order.

Sponsor identity and contact

• Government-issued photo ID (any available)
• Proof of current address (lease, utility bill, letter from landlord)
• Phone number and email you reliably check

Proof of relationship to the child

• Birth certificates showing parent-child link
• Marriage certificates (when relevant to family ties)
• Other civil records that connect the family line
• Written family declarations that explain relationships in plain language

Household and caregiving plan

• List of all household members with names and relationships
• Proof of income or support (pay stubs, employer letter, benefit letters)
• Childcare plan (who supervises the child after school and on weekends)
• School plan (school district, enrollment readiness, transportation)

Child well-being and safety

• Medical information you already have (vaccines, medications, diagnoses)
• Mental health care plan if the child has trauma needs
• Any documents showing prior abuse, neglect, or abandonment (often relevant to SIJS eligibility)

Immigration and court records (if any exist)

• Immigration court notices
• Prior filings or applications
• Any paperwork given to the child at entry or in custody

Table: Suggested packet structure

Timeline and wait times: what to expect right now

You are dealing with two clocks at the same time:

1. ORR reunification timing: Advocates report the average time children spend in ORR custody has increased because of stricter vetting and added screening steps.
2. Immigration court timing: Court hearings can move forward even when a child lacks counsel, raising the risk of missed hearings and missed relief options.

Legal and policy events can also affect timing:

• The March 25, 2025 IFR changed how sponsor information can be shared and is cited by advocates as a reason fewer undocumented sponsors step forward.
• A federal court issued a preliminary injunction on June 9, 2025 and provisionally certified a class that includes “all unaccompanied children who were in or transferred to the custody of HHS on or before April 22, 2025” who face sponsor application problems tied to documents newly required on or after March 7, 2025.

Those dates matter if your case falls within the class definition, and when speaking with a lawyer, since strategy can change based on which rules were applied to the sponsor request.

Common mistakes that cause denials, delays, or unsafe outcomes

Sending an incomplete sponsor packet

When ORR has to request missing items one by one, cases stall. A file can also be closed if required items never arrive.

Fix: submit a clean packet with a cover sheet and a plain-language relationship explanation.

Letting fear stop a safe sponsor from applying

Advocates warn the IFR’s information-sharing authorization discourages undocumented relatives from sponsoring. When safe relatives step back, children stay in custody longer or face risky alternatives.

Fix: speak with a lawyer before withdrawing. If a sponsor is safe and stable, build a plan that accounts for risk while staying focused on the child’s safety.

Relying on informal placement outside the process

Families sometimes do this when wait times feel unlivable. It can lead to exploitation, trafficking, or loss of contact.

Fix: keep placement formal and documented. Treat “quick handoffs” as danger signs.

Missing immigration court dates because no one is tracking them

A child without legal help may not understand notices or deadlines. Missed hearings can follow them for years.

Fix: track every hearing date and notice. Make one adult responsible for reminders and document storage.

Assuming the child’s case is only an ORR issue

Reunification and immigration relief move together. If you ignore one side, the other can collapse.

Fix: build one plan that covers custody release, legal relief screening, and court compliance.

Next steps you can take today (to protect the child and speed reunification)

1. Make a one-page case dashboard with the child’s A-number (if any), ORR shelter location, sponsor name, and all known deadlines.
2. Assemble your sponsor packet within 72 hours using the checklist above, plus a short relationship statement in plain language.
3. Book a legal screening focused on SIJS and court hearing risks. Ask the lawyer to confirm what filings or deadlines need action first.
4. Write a safety plan for the waiting period naming caregivers, school steps, and transportation for release day.
5. If you want more immigration guides written for families, visit VisaVerge.com and keep all your case records in one secure place.

If you share the child’s sponsor relationship (parent, aunt, older sibling, family friend) and whether the sponsor has the main documents listed above, I can tell you which parts of the packet usually trigger the longest delays and how to tighten them.