FRP-11A Privacy Notice for Sponsors - 2021

Administration for Children & Families
Office of Refugee Resettlement

Privacy Notice

Sponsors, their Adult Household Members, and Adult Caregivers
This notice is provided by the U.S. Department of Health and Human Services (HHS), Administration
for Children and Families (ACF), Office of Refugee Resettlement (ORR). Any privacy questions or
complaints should be submitted to [email protected].
The biographical and biometric information we collect from sponsor-applicants is authorized under 6
U.S.C. § 279 and 8 U.S.C. § 1232. Providing the information and documents is voluntary, but if you do
not provide all of the information, we may not be able to approve the application to sponsor an
unaccompanied child. ORR collects the requested information to decide about suitability to serve as a
sponsor for the child or children identified in your application, as well as to coordinate the release of
the child or children into sponsor custody and the delivery of post-release services, as needed.
ORR may disclose the information about sponsors, adult household members, and caregivers to the
following non-HHS parties, as summarized below:
•

To HHS contractors, grantees, consultants, or volunteers who perform work to assist HHS (for
example, HHS discloses fingerprints to the U.S. Department of Justice, Federal Bureau of
Investigation (DOJ/FBI), which assists HHS in conducting fingerprint-based background checks,
including criminal history checks);

•

To an attorney or other person representing you or the child in immigration, state court
dependency, or juvenile or criminal court proceedings;

•

To a child protection and advocacy organization to enable it to advocate effectively for the
best interests of the child;

•

To a state refugee coordinator arranging placement and services for the child;

•

To federal, state, local, tribal, or foreign law enforcement agencies where relevant to violations
or potential violations of civil or criminal law, for enforcement or investigation.

•

To an appropriate governmental agency if necessary to protect child welfare, or to safely
repatriate a child to the country of origin;

•

To state or local health authorities for information affecting public health and safety;

•

To any person from whom we need information relevant to an HHS decision concerning public
benefits from a federal, state, or local government agency;

•

To DOJ to facilitate sponsors’ participation in Legal Orientation Programs (LOPCs) for
custodians under the William Wilberforce Trafficking Victims Protection Reauthorization Act of
2008 section 235(c)(4), 8 U.S.C. 1232(c)(4);

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Privacy Notice

Office of Refugee Resettlement
•

To DOJ when the U.S. Government is in litigation or other adjudicatory or administrative
proceedings or settlement discussions involving HHS;

•

To plaintiffs’ counsel as required under the settlement agreement in Flores v. Reno, Case
No.CV85–4544–RJK (C.D. Cal. 1996) and Perez-Olano v. Holder, Case No. CV 5–3604 (C.D.
Cal.2010);

•

To DHS to adjudicate or decide immigration relief and to provide required notifications 1;

•

To a congressional office in responding to a request initiated by you as a constituent;

•

To OMB in connection with private relief legislation as set forth in OMB Circular A-19;

•

To the National Archives and Records Administration in records management inspections;

•

To DHS for cybersecurity monitoring; and

•

To appropriate agencies, contractors, and other parties assisting in responding to a security
breach experienced by HHS or another federal agency.

The preceding information together with this additional information serves as a Privacy Act
Statement: The information we collect will be maintained in the Privacy Act systems of records “ORR
Division of Children’s Services Records,” system No. 09-80-0321 (81 Fed. Reg. 46682, 46683) and “ORR
Unaccompanied Refugee Minors Records,” system No. 09-80-0329 (81 Fed. Reg. 46682, 46690),
available at https://www.federalregister.gov/documents/2016/07/18/2016-16812/privacy-act-of1974-system-of-records-notice.
Note that once records are disclosed outside of HHS to another organization (such as a federal
agency or child advocacy organization), the information will be managed according to the laws and
rules applying to that organization, and that the organization may use or disclose the information for
other, different purposes than HHS. For example, see FBI’s “Privacy Act Statement” located on the
back of the FD-258 fingerprint card, available at https://www.fbi.gov/services/cjis/compactcouncil/privacy-act-statement, and FBI’s notice entitled “Noncriminal Justice Applicant’s Privacy
Rights,” available at https://www.fbi.gov/services/cjis/compact-council/guiding-principlesnoncriminal-justice-applicants-privacy-rights.

DHS cannot use your information for immigration enforcement actions, including placement in detention, removal, referral for a
decision whether to initiate removal proceedings, or initiation of removal proceedings, unless you have been convicted of a serious
felony, are pending charges for a serious felony, or you have been directly involved in or associated with any organization involved in
human trafficking. Consolidated Appropriations Act, 2021, Pub. L. 116-260, Division F, Title II, § 217.

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