Some of the children prevented from leaving Haiti with a group of Americans are said to still have parents.
The 10 US nationals – from an Idaho based charity -claim they were taking the 33 children to an orphanage in the Dominican Republic.
They are expected to appear before a judge at a court hearing later today.
The bus they were travelling in was stopped at a border crossing and the Americans were arrested because they had no documentation to prove the children had been orphaned by the January 12 earthquake.
The youngsters are now being cared for at an emergency centre in Haiti.
George Willard, Director of SOS Children’s Village Orphanage said: “The situation for children in Haiti at the moment is really dramatic. There are thousands of unaccompanied children. We, SOS children’s villages and NGOs have to take care of them. We have to give them a safe and secure place because outside they are very vulnerable and living in danger.”
The US government says medical evacuation flights are resuming after being suspended in a row over where the patients would be treated and who would pay the bills.
Critically injured Haitians were being airlifted to hospitals in Florida but the state governor asked the federal government to share the cost, triggering a temporary halt to the mercy flights.