PolicyBrief
S. 3322
119th CongressDec 3rd 2025
Upholding Protections for Unaccompanied Children Act of 2025
IN COMMITTEE

This bill exempts unaccompanied children from various immigration fees, restricts certain body examinations, limits sponsor information sharing with immigration enforcement, and mandates refunds for previously paid fees.

Catherine Cortez Masto
D

Catherine Cortez Masto

Senator

NV

LEGISLATION

New Bill Waives All Immigration Fees for Unaccompanied Children, Mandates 180-Day Refund Window

The “Upholding Protections for Unaccompanied Children Act of 2025” is a focused piece of legislation designed to cut financial red tape and boost privacy protections for unaccompanied alien children (UACs) navigating the immigration system. Essentially, this bill says that if you’re a child who crossed the border alone, the government won’t charge you to access the legal processes designed to protect you.

The End of Fees for Vulnerable Kids

Section 2 of the bill is the big one, acting like a giant fee waiver for UACs. It exempts these children from paying a long list of immigration-related fees that can add up fast. We’re talking about the fees for applying for asylum, getting an Employment Authorization Document (EAD)—which is their work permit—and renewal fees for parolees, asylum applicants, and those with Temporary Protected Status. It also eliminates court fees and the fee for motions to reopen a removal order if they missed their hearing. Think of it this way: for a teenager trying to get legal status and find a job, this removes several hundred dollars in costs right out of the gate, making it financially possible to follow the rules.

Crucially, the bill completely repeals the fee for applying for Special Immigrant Juvenile Status (SIJS). SIJS is a path to a green card for children who have been abused, neglected, or abandoned by one or both parents. Before this bill, the fee for this protection was an additional hurdle. By repealing it, the law ensures that financial hardship doesn't block a child from accessing a critical safety net.

Privacy Shield for Sponsors

Section 5 tackles a major concern for the adults who step up to care for these children, known as sponsors. Currently, the Department of Health and Human Services (HHS) collects information on sponsors. This bill adds a strict new rule: HHS cannot share that sponsor information with the Department of Homeland Security (DHS) or any other federal agency specifically for the purpose of immigration enforcement. This is a big deal for safety and trust. If a sponsor—who might be an undocumented relative or friend—fears that providing their name and address could lead to their own deportation, they might hesitate to take in a child. This provision aims to remove that fear, prioritizing the child’s placement in a safe home over using the sponsor’s information for enforcement.

Clearing the Slate: Mandatory Refunds

For those who already paid these now-waived fees, Section 6 requires the Department of Homeland Security or the Department of Justice to issue a refund. If a fee paid by or on behalf of a UAC is repealed or amended by this Act, the government has a deadline: the refund must be issued no later than 180 days after the bill becomes law. This puts the burden squarely on the government to track down and return the money, providing a concrete financial benefit to the individuals or organizations that helped these children previously.

What About the Fine Print?

While the bill is largely beneficial for UACs, it does create some administrative challenges. The loss of revenue from these fees means DHS and DOJ will have less money to fund the processing of these applications, potentially shifting costs to other parts of the budget or to the general taxpayer. Furthermore, the 180-day deadline for refunds will be a major administrative lift for the agencies involved, which are already backlogged. Finally, the bill also removes specific paragraphs related to body examinations previously authorized for UACs by both the Office of Refugee Resettlement and DHS (Section 4), though the impact of this change depends on the exact nature of the paragraphs being struck from the existing law.