In February 2026, the National Center for Youth Law and co-counsel Democracy Forward filed Diego N. v. HHS, which challenges the Office of Refugee Resettlement’s sponsor reapplication policy that has resulted in the separation of families and the prolonged detention of unaccompanied children in federal immigration custody.

As a result of increased indiscriminate immigration enforcement within the United States, children who have previously been in ORR custody and released to vetted and approved sponsors are being re-referred to ORR by ICE and Border Patrol. Many of these children are then detained for prolonged periods because ORR is requiring their sponsors to restart the sponsor application process, a process that many sponsors cannot complete because of their immigration status.

The complaint seeks declaratory and injunctive relief, arguing that ORR’s sponsor reapplication policy violates children’s Constitutional rights to Due Process and the Administrative Procedure Act.

The plaintiffs include four children who remain detained in government custody despite having family members who have already been vetted and approved by ORR, and who are ready and eager to care for them.

Case Files