For Immediate Release

WASHINGTON — The National Center for Youth Law (NCYL) and Democracy Forward Foundation (DF) filed a federal lawsuit today, Diego N. v. HHS, that challenges a new form of family separation occurring across the country. Increased indiscriminate immigration enforcement has resulted in hundreds of children being inappropriately detained when they should be home with their families. These children were previously in the custody of the Office of Refugee Resettlement (ORR) and approved for release to their families but are now being abruptly re-detained and sent back to ORR following encounters with Immigration and Customs Enforcement (ICE) or Border Patrol officials.

Once these children are back in the custody of ORR, the government is refusing to release them to their families unless their previously approved sponsors reapply through a new and confusing monthslong process that many cannot complete because of their immigration status. ORR subjects all previously released children to this requirement, even when a child was detained because of a traffic stop or mere chance encounter with ICE and there are no identified concerns with their previously approved sponsor. As a result, children remain detained for months — separated from their families, schools, and communities — with no meaningful opportunity to challenge their ongoing detention. Meanwhile, their loving parents and other family members are ready and eager to care for them, yet are being kept apart. 

“This cruel new form of family separation causes tremendous, long-lasting harm,” said Mishan Wroe, Directing Attorney with NCYL. “Children who were living with safe, vetted family members are now being held in prolonged detention — missing school and far away from their loved ones — all because the government is prioritizing arrest quotas over children’s safety.”

“This administration continues to target children under the pretense of immigration enforcement but let’s be clear, this isn’t about immigration and it never was, it is about a power grab that threatens people and our democracy,” said Skye Perryman, President and CEO of Democracy Forward Foundation. “The government already vetted these sponsors, approved these reunifications, and sent these children home. Now, without any justification, it is ripping children from their homes and families, subjecting them to detention, and forcing families through an endless bureaucratic process. Children are missing school, milestones, and time with loved ones because of a blanket policy that ignores their rights and their humanity. Once again, we are in court to stop this unlawful practice and ensure that children are not treated as collateral damage in the president’s power grab.”

This lawsuit asks the court to require ORR to end its blanket policy requiring all previously-approved sponsors to reapply for children’s release from custody. If ORR believes any individual child needs a new sponsor approval decision, the lawsuit seeks to ensure those children receive a fair hearing where they can challenge ORR’s decision.

The named plaintiffs include the following children, all of whom had been living safely with their families before being re-detained by the Department of Homeland Security and transferred back into ORR custody:

• Diego N., 14, was living with his father, stepmother, and siblings where he enjoyed time with his family, familiar food, and playing soccer with his friends after school. In November 2025, he was detained by Border Patrol as a passenger in a traffic stop. Diego is missing his freshman year of high school and despite his father’s efforts to re-apply as a sponsor, his application has been continually delayed by a seemingly never ending list of requirements. Diego is desperate to get back to his normal life with his family.
• Renesme R., 16, was living with her father for two years and was thriving in school, playing volleyball, and participating in Junior ROTC with hopes of serving in the U.S. military after graduation. After she was followed home from a laundromat and detained without explanation, she was sent back to ORR where she has spent months in custody far from her family and may be forced to repeat a grade due to missed school. Renesme misses playing with her baby cousins and is very worried that her hard work in school will be wasted because she is missing so much of her education.
• Mario C., 17, was living with his mother since 2023 and described his life with her as peaceful. He attended school, spent time with friends, and enjoyed everyday activities like going to the beach. Mario longs to taste his mom’s cooking again and see his baby brother grow up. Now back in ORR custody, he is considering foster care placement because his mother does not have the type of U.S.-issued identification newly required by ORR as part of the sponsorship application. 
• Benito S., 17, was living with his aunt for more than two years, during which he enjoyed cooking, playing basketball, and spending time with his cousins. He was detained weeks before Christmas and returned to ORR custody. His aunt can’t reapply to sponsor him because she can’t meet ORR’s newly imposed identification requirements that are necessary for her reapplication to sponsor her nephew. As a result, Benito S. is seeking foster care placement and likely to remain in ORR custody until he turns 18.

Each of these children had already been detained in government custody and then reunited with their parents or other family members. Family reunification was complete. These sponsors had been vetted by the government, approved, and entrusted with the child’s care. Yet without explanation, the government has reversed course and is forcing the same family sponsors to navigate lengthy and unnecessary processes for these children to be released from detention. Even if these children are once again approved for release following months in detention, if they encounter ICE again there appears to be no limit to the number of times ORR could force their sponsors to repeat this process. 

The lawsuit seeks declaratory and injunctive relief to prevent prolonged and unnecessary detention, ensure prompt reunification with previously approved family sponsors, and safeguard children’s fundamental rights to family integrity and due process.

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The National Center for Youth Law centers youth through research, community collaboration, impact litigation, and policy advocacy that fundamentally transforms our nation’s approach to education, health, immigration, foster care, and youth justice. Our vision is a world in which every child thrives and has a full and fair opportunity to achieve the future they envision for themselves.

Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement.