08/26/2026 | Press release | Distributed by Public on 08/26/2026 15:13
OAKLAND - California Attorney General Rob Bonta, leading a coalition of 19 attorneys general, submitted a comment letter opposing the U.S. Department of Health and Human Services' (HHS) proposed rule that would add burdensome new requirements for sponsors of unaccompanied immigrant children. The coalition argues that the proposed rule's requirements related to proof of identity and proof of income for potential sponsors will create barriers that will make it more difficult for immigrant family members and other qualified sponsors to sponsor unaccompanied children, decreasing the number of available sponsors and prolonging children's time in federal custody.
"As Attorney General, I am dedicated to protecting all children within California's borders, including immigrant children" said Attorney General Bonta. "The changes proposed by HHS will achieve nothing but separating desperate families and increase the time kids are spending in immigration facilities. I urge HHS to reconsider this course of action and make the pathway to family reunification easier, not harder."
Attorney General Bonta and the multistate coalition have a strong interest in protecting the rights of unaccompanied immigrant children. In fiscal year 2025, approximately 3,000 unaccompanied children were released to sponsors in California. Previously, in fiscal year 2024, almost 11,000 unaccompanied children were released to Californian sponsors. These children go on to become members of our communities, attending schools, participating in the workforce, and eventually having children of their own. Prolonging the time they spend in federal custody has proven to have adverse effects on their ability to thrive in communities after their release, as research shows that excessive time in immigration custody disrupts child development and is particularly harmful to their mental health and physical wellbeing.
In the comment letter, Attorney General Bonta and the coalition argue that the Office of Refugee Resettlement (ORR) failed to provide adequate justification for the proposed rule's changes to the proof of income and proof of identity requirements, which directly interfere with HHS's and ORR's obligations under the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) and the Unaccompanied Children Program Foundational Rule (Foundational Rule). The TVPRA and the Foundational Rule, respectively, require that HHS and ORR place children in the least restrictive environment that is in the best interests of the child and to release children without unnecessary delay.
Attorney General Bonta is committed to continuing to fight for children already within our borders who need more protection, not less. In January 2026, Attorney General Bonta led an amicus brief opposing the Trump Administration's efforts to terminate the Flores Settlement Agreement, which provides crucial protections for children in federal immigration custody and ensures the children in immigration custody are held in facilities licensed in and subject to oversight by the states in which they reside. He also filed a comment letter in May 2025 opposing a HHS interim final rule that removed key provisions from the Foundational Rule prohibiting ORR from disqualifying potential sponsors for unaccompanied children based solely on their immigration status and sharing immigration status information about sponsors with law enforcement and immigration enforcement entities.
In submitting this comment letter, Attorney General Bonta leads the attorneys general of Colorado, Delaware, the District of Columbia, Hawaiʻi, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, and Washington.