Child Trafficking Victims Protection Act - Directs the Secretary of Homeland Security (DHS) to require live training of all DHS personnel who come into contact with unaccompanied alien children.
Sets forth related protections for such children regarding: (1) prompt placement with the Office of Refugee Resettlement, (2) qualified resources at appropriate ports of entry, (3) confidentiality, and (4) access to counsel.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2235 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2235
To provide for enhanced protections for vulnerable unaccompanied alien
children and female detainees.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 16, 2011
Ms. Roybal-Allard introduced the following bill; which was referred to
the Committee on the Judiciary, and in addition to the Committee on
Homeland Security, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for enhanced protections for vulnerable unaccompanied alien
children and female detainees.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Trafficking Victims Protection
Act''.
SEC. 2. ENHANCED PROTECTIONS FOR VULNERABLE UNACCOMPANIED ALIEN
CHILDREN AND FEMALE DETAINEES.
(a) Mandatory Training.--The Secretary of Homeland Security, in
consultation with the Office of Refugee Resettlement of the Department
of Health and Human Services and independent child welfare experts,
shall mandate live training of all personnel who come into contact with
unaccompanied alien children (as defined in section 462 of the Homeland
Security Act of 2002 (6 U.S.C. 279)) in all relevant legal authorities,
policies, and procedures pertaining to this vulnerable population.
(b) Care and Transportation.--Notwithstanding any other provision
of law, the Secretary of Homeland Security shall ensure that all
unaccompanied children who will undergo any immigration proceedings
before the Department of Homeland Security and the Executive Office for
Immigration Review are duly transported and placed in the care and
legal and physical custody of the Office of Refugee Resettlement within
a maximum of 72 hours of their apprehension absent narrowly defined
exceptional circumstances, including a natural disaster or comparable
emergency beyond the control of the Secretary of Homeland Security or
the Office of Refugee Resettlement. The Secretary of Homeland Security
shall ensure that female officers are responsible and at all times
present during the transfer and transport of female detainees who are
in the custody of the Secretary of Homeland Security.
(c) Qualified Resources.--For purposes of this section, the
Secretary of Homeland Security shall provide adequately trained and
qualified staff resources at each major port of entry (as defined by
the U.S. Customs and Border Protection station assigned to that port
having in its custody over the past two fiscal years an average per
year of 50 or more unaccompanied alien children (as defined in section
462 of the Homeland Security Act of 2002 (6 U.S.C. 279))), including
U.S. Customs and Border Protection agents charged primarily with the
safe, swift, and humane transportation of unaccompanied alien children
to Office of Refugee Resettlement custody and independent licensed
social workers dedicated to ensuring the proper temporary care for the
children while in Department of Homeland Security custody prior to
their transfer to the Office of Refugee Resettlement, who will ensure
that each child--
(1) receives emergency medical care;
(2) receives mental health care in case of trauma and has
access to psychosocial health services;
(3) is provided with a pillow, linens, and sufficient
blankets to rest at a comfortable temperature, a bed, and a
mattress placed in an area specifically designated for
residential use;
(4) receives adequate nutrition;
(5) enjoys a safe and sanitary living environment;
(6) receives educational materials; and
(7) has access to at least three hours per day of indoor
and outdoor recreational programs and activities.
(d) Notification.--The Secretary of Homeland Security shall
immediately notify the Office of Refugee Resettlement of an
unaccompanied alien child in the custody of the Department of Homeland
Security to effectively and efficiently coordinate the child's transfer
to and placement with the Office of Refugee Resettlement.
(e) Notice of Rights and Access to Counsel.--The Secretary of
Homeland Security shall ensure that an independent licensed social
worker, as described in subsection (c), provides all unaccompanied
alien children upon apprehension with both a video orientation and oral
and written notice of their rights under the Immigration and
Nationality Act including their rights to relief from removal and their
rights to confer with counsel (as guaranteed under section 292 of such
Act), family, or friends while in the Department of Homeland Security's
temporary custody and relevant complaint mechanisms to report any abuse
or misconduct they may have experienced. The Secretary of Homeland
Security shall ensure that the video orientation and written notice of
rights is available in English and in the five most common native
languages spoken by the unaccompanied children held in custody at that
location during the preceding fiscal year, and that the oral notice of
rights is available in English and in the most common native language
spoken by the unaccompanied children held in custody at that location
during the preceding fiscal year.
(f) Confidentiality.--The Secretary of Health and Human Services
shall maintain the privacy and confidentiality of all information
gathered in the course of providing care, custody, placement and
follow-up services to unaccompanied alien children, consistent with the
best interest of the unaccompanied alien child, by not disclosing such
information to other government agencies or nonparental third parties.
The Secretary may share information when authorized to do so by the
child and when consistent with the child's best interest. The Secretary
may provide information to a duly recognized law enforcement entity, if
such disclosure would prevent imminent and serious harm to another
individual. All disclosures shall be duly recorded in writing and
placed in the child's files.
(g) Other Policies and Procedures.--The Secretary shall further
adopt fundamental child protection policies and procedures--
(1) for reliable age determinations of children which
exclude the use of fallible forensic testing of children's bone
and teeth developed in consultation with medical and child
welfare experts;
(2) to ensure the safe and secure repatriation and
reintegration of unaccompanied alien children to their home
countries through specialized programs developed in close
consultation with the Secretary of State, the Office of the
Refugee Resettlement and reputable independent child welfare
experts including placement of children with their families or
nongovernmental agencies to provide food, shelter and
vocational training and microfinance opportunities;
(3) to utilize all legal authorities to defer the child's
removal if the child faces a risk of life-threatening harm upon
return including due to the child's mental health or medical
condition; and
(4) to ensure that unaccompanied alien children (as defined
in section 462 of the Homeland Security Act of 2002 (6 U.S.C.
279)) are physically separated from any adult who is not an
immediate family member and are separated by sight and sound
from immigration detainees and inmates with criminal
convictions, pretrial inmates facing criminal prosecution,
children who have been adjudicated delinquents or convicted of
adult offenses or are pending delinquency or criminal
proceedings, and those inmates exhibiting violent behavior
while in detention as is consistent with the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et
seq.).
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Border and Maritime Security.
Referred to the Subcommittee on Immigration Policy and Enforcement.
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