Unaccompanied Children Program Foundational Rule; Update To Accord With Statutory Requirements, 13554-13556 [2025-04971]

Download as PDF 13554 Federal Register / Vol. 90, No. 56 / Tuesday, March 25, 2025 / Rules and Regulations implementation of regulations.1 FDA also believes that affected entities need to be informed as soon as possible of the extension and its length in order to plan and adjust their implementation process accordingly. Robert F. Kennedy, Jr., Secretary, Department of Health and Human Services. [FR Doc. 2025–04978 Filed 3–21–25; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families 45 CFR Part 410 I. Executive Summary RIN 0970–AD16 Unaccompanied Children Program Foundational Rule; Update To Accord With Statutory Requirements Office of Refugee Resettlement (ORR), Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS). ACTION: Interim final rule with comment period (IFR). AGENCY: ORR is amending a regulation so that it comports with the express language of the governing legislation. That regulation relates to key aspects of the placement, care, and services provided to unaccompanied alien children (UACs) referred to ORR, pursuant to ORR’s responsibilities for coordinating and implementing the care and placement of UACs who are in Federal custody by reason of their immigration status under the Homeland Security Act of 2002 (HSA) and the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA). DATES: This IFR is effective March 25, 2025. Comments on this IFR must be received on or before May 27, 2025. ADDRESSES: You may send comments, identified by docket number ACF– 2025–0003 and/or RIN 0970–AD16, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Email: UCPolicy-RegulatoryAffairs@ acf.hhs.gov. Include [docket number and/or RIN] in the subject line of the message. ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: 1 In the event that this rule does not publish on or before March 21, 2025, good cause similarly exists to stay the effectiveness of the rule published December 26, 2024, and revise its effective date until May 27, 2025. VerDate Sep<11>2014 16:15 Mar 24, 2025 Instructions: All submissions received must include the agency name and docket number or RIN for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the ‘‘Public Participation’’ section of this document. FOR FURTHER INFORMATION CONTACT: Toby Biswas, Director of Policy, Division of Unaccompanied Children Policy, Unaccompanied Children Bureau, Office of Refugee Resettlement, Administration for Children and Families, Department of Health and Human Services, Washington, DC, (202) 205–4440 or UCPolicyRegulatoryAffairs@acf.hhs.gov. SUPPLEMENTARY INFORMATION: Jkt 265001 This interim final rule (IFR) removes a specific provision of the Code of Federal Regulations introduced by the April 30, 2024 ‘‘Unaccompanied Children Program Foundational Rule’’ (Foundational Rule) at 45 CFR 410.1201(b). This provision precludes ORR from ‘‘shar[ing] any immigration status information relating to potential sponsors with any law enforcement or immigration enforcement related entity at any time.’’ The regulatory provision conflicts with a federal statute, which provides, in part, as follows: Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual. 8 U.S.C. 1373(a). Inasmuch as the regulation directly conflicts with federal law, it is ‘‘not in accordance with law,’’ 5 U.S.C. 706(2)(A), and is thus subject to invalidation. Accordingly, the information-sharing provision of the Foundational Rule must be removed. II. Background and Scope of Regulatory Action On April 30, 2024, ORR published the ‘‘Unaccompanied Children Program Foundational Rule,’’ which establishes regulations relating to key aspects of the placement, care, and services provided to unaccompanied alien children referred to the Office of Refugee Resettlement (ORR), pursuant to ORR’s responsibilities for coordinating and implementing the care and placement of unaccompanied alien children who are in Federal custody by reason of their PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 immigration status under the Homeland Security Act of 2002 (HSA) and the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA). Consistent with its statutory responsibilities, ORR must, among other things, conduct safety and suitability assessments of potential sponsors for the child. See generally 8 U.S.C. 1232(c)(3). As explained in the preamble to the Foundational Rule, in the process of vetting potential sponsors for unaccompanied alien children, the potential sponsor’s immigration status is one factor that bears on the potential sponsor’s suitability to care for the child. See 89 FR at 34442 (‘‘To the extent ORR does collect information on the immigration status of a potential sponsor, it would be only for the purposes of evaluating the potential sponsor’s ability to provide care for the child.’’). And so ORR may collect information on the potential sponsor’s immigration status, independent of a law enforcement or immigration enforcement purpose. Id. In the Foundational Rule, ORR included a provision stating: ‘‘ORR shall not disqualify potential sponsors based solely on their immigration status and shall not collect information on immigration status of potential sponsors for law enforcement or immigration enforcement related purposes. ORR shall not share any immigration status information relating to potential sponsors with any law enforcement or immigration enforcement related entity at any time.’’ 45 CFR 410.1201(b). But this provision contravenes a federal statute: it contravenes existing statutory limitations on ORR’s authority described at 8 U.S.C. 1373. And so, it must be excised from the Foundational Rule. ORR’s authority is limited by 8 U.S.C. 1373(a) and (b). Subsection (a) states: ‘‘Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.’’ Subsection (b) states: ‘‘Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual: (1) Sending such information to, or requesting or receiving such information E:\FR\FM\25MRR1.SGM 25MRR1 Federal Register / Vol. 90, No. 56 / Tuesday, March 25, 2025 / Rules and Regulations from, the Immigration and Naturalization Service. (2) Maintaining such information. (3) Exchanging such information with any other Federal, State, or local government entity.’’ The statute unambiguously limits ORR’s authority. Notably, nowhere in the preamble to the Foundational Rule was 8 U.S.C. 1373 even mentioned, even though the information-sharing provision of the Foundational Rule, 45 CFR 410.1201(b), obviously and directly contravenes that statutory limit. Thus, ORR must update the Foundational Rule to strike 45 CFR 410.1201(b), effective immediately.1 That is, ORR removes the prohibition on sharing immigration status information relating to potential sponsors with law enforcement and immigration enforcement entities. III. Good Cause for Issuing This IFR Under the Administrative Procedure Act, 5 U.S.C. 553(b)(B), notice and public comment is not required when an agency, for good cause, finds it is impracticable, unnecessary, or contrary to the public interest. The agency must incorporate a statement of the finding and the agency’s reasons in the rule issued. HHS finds there is good cause to dispense with notice and comment here and issue this as an IFR. As explained above, 45 CFR 410.1201(b) contravenes 8 U.S.C. 1373. ORR had no authority to promulgate such a rule; revoking it immediately is in the public interest; and notice and comment is unnecessary and contrary to the public interest because no amount of public input could give ORR the power to contravene a duly-enacted law of Congress via regulation. IV. Good Cause for Immediate Effect Good cause exists for immediate effect, see 5 U.S.C. 553(d)(3), because this IFR brings an ORR regulation into compliance with a federal statute and regulated entities do not need time to adjust their behavior before this rule takes effect. ddrumheller on DSK120RN23PROD with RULES1 V. Public Participation ORR encourages all interested parties to participate in this rulemaking by submitting written comments, views, 1 The Foundational Rule contains a severability provision. 45 CFR 410.1000. 45 CFR 410.1201(b)’s parts are inextricably linked and there was no indication in the Foundational Rule that it was intended to treat the information-sharing and the eligibility issues as distinct. In the alternative, as explained in the preamble of the Foundational Rule, 89 FR at 34389, that severability runs—at most—to provisions, not to portions of provisions. Thus, for this alternative reason as well, the entirety of 45 CFR 410.1201(b) must be removed due to the conflict with 8 U.S.C. 1373. VerDate Sep<11>2014 16:15 Mar 24, 2025 Jkt 265001 and data on any or all aspects of this IFR. ORR also invites comments that relate to the economic, environmental, or federalism effects that might result from this IFR. ORR will review all comments received, but ORR will only post comments that address the topic of the IFR. All comments ORR posts to https://www.regulations.gov will include any personal or commercial information you provide. Comments that will provide the most assistance to ORR will reference a specific portion of the IFR, explain the reason for any recommended change, and include data, information, or authority that support such recommended change. If you submit comments, please indicate the specific section of this document to which each comment applies and provide a reason for each suggestion or recommendation. You may submit your comments and materials online or by email, but please use only one of these means. If you submit a comment online via https:// www.regulations.gov, it will be considered received when it is received at the Docket Management Facility. Instructions: To submit your comments online, go to https:// www.regulations.gov and insert ‘‘ACF– 2025–0003’’ in the ‘‘Search’’ box. Click on the ‘‘Comment Now!’’ box and input your comment in the text box provided. Click the ‘‘Continue’’ box, and if you are satisfied with your comment, follow the prompts to submit it. For additional information, please read the ‘‘Privacy and Security Notice’’ that is available via the link in the footer of https://www.regulations.gov. ORR will consider all comments and materials received during the comment period. Docket: To view posted comments, as well as documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov and insert ‘‘ACF– 2025–0003’’ in the ‘‘Search’’ box. Click on the ‘‘Open Docket Folder,’’ and you can click on ‘‘View Comment’’ or ‘‘View All’’ under the ‘‘Comments’’ section of the page. Individuals without internet access can make alternate arrangements for viewing comments and documents related to this rulemaking by contacting ORR through the FOR FURTHER INFORMATION CONTACT section above. You may sign up for email alerts on the online docket to be notified when comments are posted, or a final rule is published. As stated above, please be aware that anyone can search the electronic form of comments received into any dockets by the name of the individual submitting the comment (or signing the comment, PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 13555 if submitted on behalf of an association, business, labor union, etc.). V. Regulatory Analyses This IFR meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. The Regulatory Flexibility Act (RFA) only applies in situations where an agency engages in notice-and-comment rulemaking. 5 U.S.C. 603(a). It does not apply here, because the agency is promulgating an IFR effective immediately without preceding notice and comment. The same is true for analysis pursuant to the Unfunded Mandates Reform Act (UMRA). 2 U.S.C. 1532(a). Moreover, the Foundational Rule explains the non-applicability of the UMRA. See 89 FR at 34582. Under the Paperwork Reduction Act of 1995 (PRA), HHS is required to provide 60-day notice in the Federal Register and solicit public comment before a collection of information requirement is submitted to the Office of Management and Budget (OMB) for review and approval. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a control number assigned by OMB. The PRA does not apply here because this IFR does not establish a collection of information; it removes a limitation in the Foundational Rule that conflicts with federal law. In accordance with section 6 of Executive Order 13132, it is determined that this IFR does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. This comports with the same determination made in the Foundational Rule. See 89 FR at 34583. Section 654 of the Treasury and General Government Appropriations Act of 1999 requires Federal agencies to determine whether a policy or regulation may affect family well-being. If the agency’s determination is affirmative, then the agency must prepare an impact assessment addressing criteria specified in the law. This regulation will not have an impact on family well-being as defined in this legislation, which asks agencies to assess policies with respect to whether the policy: strengthens or erodes family stability and the authority and rights of parents in the education, nurture, and supervision of their children; helps the family perform its functions; and increases or decreases disposable income. E:\FR\FM\25MRR1.SGM 25MRR1 13556 Federal Register / Vol. 90, No. 56 / Tuesday, March 25, 2025 / Rules and Regulations Dated: March 19, 2025. Robert F. Kennedy, Jr., Secretary, Department of Health and Human Services. For the reasons set forth in the preamble, ORR amends 45 CFR part 410 to read as follows: PART 410—CARE AND PLACEMENT OF UNACCOMPANIED CHILDREN 1. The authority citation for part 410 continues to read as follows: ■ Authority: 6 U.S.C. 279, 8 U.S.C. 1232. § 410.1201 [Amended] 2. Amend § 410.1201 by removing paragraph (b) and redesignating paragraph (c) as paragraph (b). ■ [FR Doc. 2025–04971 Filed 3–24–25; 8:45 am] BILLING CODE 4184–45–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 9 [PS Docket Nos. 21–479, 18–64; FCC 24– 78; FR ID 285086] Facilitating Implementation of Next Generation 911 Services (NG911); Location-Based Routing for Wireless 911 Calls Federal Communications Commission. ACTION: Final rule; announcement of compliance date. AGENCY: In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved a new information collection associated with certain rules adopted in a 2024 Report and Order concerning the implementation of Next Generation 911 (NG911) (NG911 Report and Order). The Commission also announces that compliance with these rules is now required. The Commission also amends the rules to remove certain paragraphs advising that compliance with the Commission’s information collection requirements was not required until the Commission obtained OMB approval. This document is consistent with the NG911 Report and Order and rules, which state the Commission will publish a document in the Federal Register announcing a compliance date for the rule sections subject to OMB approval, and revise the rules accordingly. ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: DATES: Effective date: This rule is effective March 25, 2025. VerDate Sep<11>2014 16:15 Mar 24, 2025 Jkt 265001 Compliance date: Compliance with 47 CFR 9.31(a) through (c) and 9.34(a) and (b), added in the final rule published September 24, 2024, at 89 FR 78066, and effective November 25, 2024, is required as of March 25, 2025. FOR FURTHER INFORMATION CONTACT: For further information, please contact Brenda Boykin, Deputy Division Chief, Policy and Licensing Division, Public Safety and Homeland Security Bureau at (202) 418–2062 or brenda.boykin@ fcc.gov. For additional information concerning the Paperwork Reduction Act information collection requirements contact Nicole Ongele at (202) 418–2991 or via email: Nicole.Ongele@fcc.gov. SUPPLEMENTARY INFORMATION: This document announces that OMB has approved the information collection requirements in 47 CFR 9.31(a) through (c) and 9.34(a) and (b). The Commission publishes this document as an announcement of the compliance date of 47 CFR 9.31(a) through (c) and 9.34(a) and (b). If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Nicole Ongele, Federal Communications Commission, 45 L Street NE, Washington, DC 20554, regarding OMB Control Number 3060–1333. Please include the relevant OMB Control Number in your correspondence. The Commission will also accept your comments via the internet if you send them to PRA@fcc.gov. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@ fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice). Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received OMB approval on March 11, 2025 for the NG911 information collection requirements contained in the Commission’s rules at 47 CFR 9.31(a) through (c) and 9.34(a) and (b). Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The foregoing notice is required by the Paperwork Reduction Act of 1995, PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Public Law 104–13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060–1333. OMB Approval Date: March 11, 2025. OMB Expiration Date: March 31, 2028. Title: Facilitating Implementation of Next Generation 911 Services (NG911). Form Number: N/A. Type of Review: New information collection. Respondents: State, Local, or Tribal Government, and business or other forprofit entities. Number of Respondents and Responses: 1,541 respondents; 2,837 responses. Estimated Time per Response: 2–40 hours. Frequency of Response: On occasion reporting requirement; third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this collection is contained in §§ 1, 2, 4(i), 201, 214, 222, 225, 251(e), 301, 303, 316, and 332 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 201, 214, 222, 225, 251(e), 301, 303, 316, 332, and the Wireless Communications and Public Safety Act of 1999, Public Law 106–81, as amended, 47 U.S.C. 615 note, 615, 615a, 615a–1, 615b; and § 106 of the Twenty-First Century Communications and Video Accessibility Act of 2010, Public Law 111–260, 47 U.S.C. 615c. Total Annual Burden: 18,116 hours. Total Annual Cost: $902,000. Needs and Uses: In the NG911 Report and Order released on July 19, 2024, FCC 24–78, published at 89 FR 78066, September 24, 2024, the Commission adopted rules to advance the nationwide transition to Next Generation 911 (NG911).1 These rules require wireline providers, Commercial Mobile Radio Service (CMRS) providers, covered text providers, providers of interconnected Voice over Internet Protocol (VoIP) services, and providers of internet-based Telecommunications Relay Service (internet-based TRS) (collectively, OSPs) to take actions to start or continue the transition to NG911 in coordination with 911 Authorities. These rules include notification and recordkeeping requirements applicable 1 The NG911 Report and Order was corrected via two errata released on September 5, 2024, and October 1, 2024. The Second Erratum was published at 89 FR 83628. E:\FR\FM\25MRR1.SGM 25MRR1

Agencies

[Federal Register Volume 90, Number 56 (Tuesday, March 25, 2025)]
[Rules and Regulations]
[Pages 13554-13556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04971]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 410

RIN 0970-AD16


Unaccompanied Children Program Foundational Rule; Update To 
Accord With Statutory Requirements

AGENCY: Office of Refugee Resettlement (ORR), Administration for 
Children and Families (ACF), U.S. Department of Health and Human 
Services (HHS).

ACTION: Interim final rule with comment period (IFR).

-----------------------------------------------------------------------

SUMMARY: ORR is amending a regulation so that it comports with the 
express language of the governing legislation. That regulation relates 
to key aspects of the placement, care, and services provided to 
unaccompanied alien children (UACs) referred to ORR, pursuant to ORR's 
responsibilities for coordinating and implementing the care and 
placement of UACs who are in Federal custody by reason of their 
immigration status under the Homeland Security Act of 2002 (HSA) and 
the William Wilberforce Trafficking Victims Protection Reauthorization 
Act of 2008 (TVPRA).

DATES: This IFR is effective March 25, 2025. Comments on this IFR must 
be received on or before May 27, 2025.

ADDRESSES: You may send comments, identified by docket number ACF-2025-
0003 and/or RIN 0970-AD16, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include 
[docket number and/or RIN] in the subject line of the message.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this rulemaking. For detailed instructions 
on submitting comments and additional information on the rulemaking 
process, see the ``Public Participation'' section of this document.

FOR FURTHER INFORMATION CONTACT: Toby Biswas, Director of Policy, 
Division of Unaccompanied Children Policy, Unaccompanied Children 
Bureau, Office of Refugee Resettlement, Administration for Children and 
Families, Department of Health and Human Services, Washington, DC, 
(202) 205-4440 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Executive Summary

    This interim final rule (IFR) removes a specific provision of the 
Code of Federal Regulations introduced by the April 30, 2024 
``Unaccompanied Children Program Foundational Rule'' (Foundational 
Rule) at 45 CFR 410.1201(b). This provision precludes ORR from 
``shar[ing] any immigration status information relating to potential 
sponsors with any law enforcement or immigration enforcement related 
entity at any time.'' The regulatory provision conflicts with a federal 
statute, which provides, in part, as follows:
    Notwithstanding any other provision of Federal, State, or local 
law, a Federal, State, or local government entity or official may not 
prohibit, or in any way restrict, any government entity or official 
from sending to, or receiving from, the Immigration and Naturalization 
Service information regarding the citizenship or immigration status, 
lawful or unlawful, of any individual.
    8 U.S.C. 1373(a). Inasmuch as the regulation directly conflicts 
with federal law, it is ``not in accordance with law,'' 5 U.S.C. 
706(2)(A), and is thus subject to invalidation. Accordingly, the 
information-sharing provision of the Foundational Rule must be removed.

II. Background and Scope of Regulatory Action

    On April 30, 2024, ORR published the ``Unaccompanied Children 
Program Foundational Rule,'' which establishes regulations relating to 
key aspects of the placement, care, and services provided to 
unaccompanied alien children referred to the Office of Refugee 
Resettlement (ORR), pursuant to ORR's responsibilities for coordinating 
and implementing the care and placement of unaccompanied alien children 
who are in Federal custody by reason of their immigration status under 
the Homeland Security Act of 2002 (HSA) and the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA). 
Consistent with its statutory responsibilities, ORR must, among other 
things, conduct safety and suitability assessments of potential 
sponsors for the child. See generally 8 U.S.C. 1232(c)(3). As explained 
in the preamble to the Foundational Rule, in the process of vetting 
potential sponsors for unaccompanied alien children, the potential 
sponsor's immigration status is one factor that bears on the potential 
sponsor's suitability to care for the child. See 89 FR at 34442 (``To 
the extent ORR does collect information on the immigration status of a 
potential sponsor, it would be only for the purposes of evaluating the 
potential sponsor's ability to provide care for the child.''). And so 
ORR may collect information on the potential sponsor's immigration 
status, independent of a law enforcement or immigration enforcement 
purpose. Id.
    In the Foundational Rule, ORR included a provision stating: ``ORR 
shall not disqualify potential sponsors based solely on their 
immigration status and shall not collect information on immigration 
status of potential sponsors for law enforcement or immigration 
enforcement related purposes. ORR shall not share any immigration 
status information relating to potential sponsors with any law 
enforcement or immigration enforcement related entity at any time.'' 45 
CFR 410.1201(b). But this provision contravenes a federal statute: it 
contravenes existing statutory limitations on ORR's authority described 
at 8 U.S.C. 1373. And so, it must be excised from the Foundational 
Rule.
    ORR's authority is limited by 8 U.S.C. 1373(a) and (b). Subsection 
(a) states: ``Notwithstanding any other provision of Federal, State, or 
local law, a Federal, State, or local government entity or official may 
not prohibit, or in any way restrict, any government entity or official 
from sending to, or receiving from, the Immigration and Naturalization 
Service information regarding the citizenship or immigration status, 
lawful or unlawful, of any individual.'' Subsection (b) states: 
``Notwithstanding any other provision of Federal, State, or local law, 
no person or agency may prohibit, or in any way restrict, a Federal, 
State, or local government entity from doing any of the following with 
respect to information regarding the immigration status, lawful or 
unlawful, of any individual: (1) Sending such information to, or 
requesting or receiving such information

[[Page 13555]]

from, the Immigration and Naturalization Service. (2) Maintaining such 
information. (3) Exchanging such information with any other Federal, 
State, or local government entity.''
    The statute unambiguously limits ORR's authority. Notably, nowhere 
in the preamble to the Foundational Rule was 8 U.S.C. 1373 even 
mentioned, even though the information-sharing provision of the 
Foundational Rule, 45 CFR 410.1201(b), obviously and directly 
contravenes that statutory limit. Thus, ORR must update the 
Foundational Rule to strike 45 CFR 410.1201(b), effective 
immediately.\1\ That is, ORR removes the prohibition on sharing 
immigration status information relating to potential sponsors with law 
enforcement and immigration enforcement entities.
---------------------------------------------------------------------------

    \1\ The Foundational Rule contains a severability provision. 45 
CFR 410.1000. 45 CFR 410.1201(b)'s parts are inextricably linked and 
there was no indication in the Foundational Rule that it was 
intended to treat the information-sharing and the eligibility issues 
as distinct. In the alternative, as explained in the preamble of the 
Foundational Rule, 89 FR at 34389, that severability runs--at most--
to provisions, not to portions of provisions. Thus, for this 
alternative reason as well, the entirety of 45 CFR 410.1201(b) must 
be removed due to the conflict with 8 U.S.C. 1373.
---------------------------------------------------------------------------

III. Good Cause for Issuing This IFR

    Under the Administrative Procedure Act, 5 U.S.C. 553(b)(B), notice 
and public comment is not required when an agency, for good cause, 
finds it is impracticable, unnecessary, or contrary to the public 
interest. The agency must incorporate a statement of the finding and 
the agency's reasons in the rule issued.
    HHS finds there is good cause to dispense with notice and comment 
here and issue this as an IFR. As explained above, 45 CFR 410.1201(b) 
contravenes 8 U.S.C. 1373. ORR had no authority to promulgate such a 
rule; revoking it immediately is in the public interest; and notice and 
comment is unnecessary and contrary to the public interest because no 
amount of public input could give ORR the power to contravene a duly-
enacted law of Congress via regulation.

IV. Good Cause for Immediate Effect

    Good cause exists for immediate effect, see 5 U.S.C. 553(d)(3), 
because this IFR brings an ORR regulation into compliance with a 
federal statute and regulated entities do not need time to adjust their 
behavior before this rule takes effect.

V. Public Participation

    ORR encourages all interested parties to participate in this 
rulemaking by submitting written comments, views, and data on any or 
all aspects of this IFR. ORR also invites comments that relate to the 
economic, environmental, or federalism effects that might result from 
this IFR. ORR will review all comments received, but ORR will only post 
comments that address the topic of the IFR. All comments ORR posts to 
https://www.regulations.gov will include any personal or commercial 
information you provide.
    Comments that will provide the most assistance to ORR will 
reference a specific portion of the IFR, explain the reason for any 
recommended change, and include data, information, or authority that 
support such recommended change. If you submit comments, please 
indicate the specific section of this document to which each comment 
applies and provide a reason for each suggestion or recommendation. You 
may submit your comments and materials online or by email, but please 
use only one of these means. If you submit a comment online via https://www.regulations.gov, it will be considered received when it is 
received at the Docket Management Facility.
    Instructions: To submit your comments online, go to https://www.regulations.gov and insert ``ACF-2025-0003'' in the ``Search'' box. 
Click on the ``Comment Now!'' box and input your comment in the text 
box provided. Click the ``Continue'' box, and if you are satisfied with 
your comment, follow the prompts to submit it.
    For additional information, please read the ``Privacy and Security 
Notice'' that is available via the link in the footer of https://www.regulations.gov.
    ORR will consider all comments and materials received during the 
comment period.
    Docket: To view posted comments, as well as documents mentioned in 
this preamble as being available in the docket, go to https://www.regulations.gov and insert ``ACF-2025-0003'' in the ``Search'' box. 
Click on the ``Open Docket Folder,'' and you can click on ``View 
Comment'' or ``View All'' under the ``Comments'' section of the page. 
Individuals without internet access can make alternate arrangements for 
viewing comments and documents related to this rulemaking by contacting 
ORR through the FOR FURTHER INFORMATION CONTACT section above. You may 
sign up for email alerts on the online docket to be notified when 
comments are posted, or a final rule is published.
    As stated above, please be aware that anyone can search the 
electronic form of comments received into any dockets by the name of 
the individual submitting the comment (or signing the comment, if 
submitted on behalf of an association, business, labor union, etc.).

V. Regulatory Analyses

    This IFR meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.
    The Regulatory Flexibility Act (RFA) only applies in situations 
where an agency engages in notice-and-comment rulemaking. 5 U.S.C. 
603(a). It does not apply here, because the agency is promulgating an 
IFR effective immediately without preceding notice and comment. The 
same is true for analysis pursuant to the Unfunded Mandates Reform Act 
(UMRA). 2 U.S.C. 1532(a). Moreover, the Foundational Rule explains the 
non-applicability of the UMRA. See 89 FR at 34582.
    Under the Paperwork Reduction Act of 1995 (PRA), HHS is required to 
provide 60-day notice in the Federal Register and solicit public 
comment before a collection of information requirement is submitted to 
the Office of Management and Budget (OMB) for review and approval. An 
agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a control 
number assigned by OMB. The PRA does not apply here because this IFR 
does not establish a collection of information; it removes a limitation 
in the Foundational Rule that conflicts with federal law.
    In accordance with section 6 of Executive Order 13132, it is 
determined that this IFR does not have sufficient federalism 
implications to warrant the preparation of a federalism summary impact 
statement. This comports with the same determination made in the 
Foundational Rule. See 89 FR at 34583.
    Section 654 of the Treasury and General Government Appropriations 
Act of 1999 requires Federal agencies to determine whether a policy or 
regulation may affect family well-being. If the agency's determination 
is affirmative, then the agency must prepare an impact assessment 
addressing criteria specified in the law. This regulation will not have 
an impact on family well-being as defined in this legislation, which 
asks agencies to assess policies with respect to whether the policy: 
strengthens or erodes family stability and the authority and rights of 
parents in the education, nurture, and supervision of their children; 
helps the family perform its functions; and increases or decreases 
disposable income.


[[Page 13556]]


    Dated: March 19, 2025.
Robert F. Kennedy, Jr.,
Secretary, Department of Health and Human Services.

    For the reasons set forth in the preamble, ORR amends 45 CFR part 
410 to read as follows:

PART 410--CARE AND PLACEMENT OF UNACCOMPANIED CHILDREN

0
1. The authority citation for part 410 continues to read as follows:

    Authority: 6 U.S.C. 279, 8 U.S.C. 1232.


Sec.  410.1201  [Amended]

0
2. Amend Sec.  410.1201 by removing paragraph (b) and redesignating 
paragraph (c) as paragraph (b).

[FR Doc. 2025-04971 Filed 3-24-25; 8:45 am]
BILLING CODE 4184-45-P
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