Humane Enforcement and Legal Protections for Separated Children Act or the HELP Separated Children Act - Sets forth: (1) apprehension procedures for immigration enforcement-related activities engaged in by the Department of Homeland Security (DHS) or by other entities under agreement with DHS, and (2) related protections for apprehended persons who belong to specified vulnerable population groups.
Amends the Immigration and Nationality Act to: (1) authorize an alien who has been arrested or detained pending a removal determination to be represented by counsel (at no cost to the government), and (2) require that an alien who has been in such custody for more that 48 hours be brought for a custody determination not later than 72 hours after commencement of detention.
Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require that state plans for foster care and adoption assistance include provisions regarding foster care children with a parent, legal guardian, or primary caregiver relative who is in immigration detainment or has been removed from the United States.
Directs the Secretary of Homeland Security to: (1) mandate vulnerable population and child welfare training for immigration enforcement personnel, and (2) ensure that immigration detention facilities take steps to preserve family unity.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2607 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2607
To provide protection for children affected by the immigration laws of
the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 21, 2011
Ms. Woolsey introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Ways
and Means, 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 protection for children affected by the immigration laws of
the United States, and for other purposes.
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 ``Humane Enforcement and Legal
Protections for Separated Children Act'' or the ``HELP Separated
Children Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) Apprehension.--The term ``apprehension'', in the
context of an immigration enforcement-related activity, means
government detention, arrest, or custody, or any significant
deprivation of an individual's freedom of action by government
officials or entities acting under agreement with the
Department of Homeland Security for suspicion of violations
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(2) Immigration enforcement-related activity.--The term
``immigration enforcement-related activity'' means the
questioning of, apprehension of, detention of, or request for
or issuance of a detainer for one or more individuals for
suspected or confirmed violations of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) by the Department of
Homeland Security or cooperating entities.
(3) SSA.--The term ``SSA'' means the appropriate State or
local social service agency, including nongovernmental
organizations, child welfare agencies, child protective service
agencies, school and head start administrators, legal service
providers, and hospitals.
SEC. 3. APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT-RELATED
ACTIVITIES.
(a) In General.--Any immigration enforcement-related activity
engaged in by the Department of Homeland Security or by other entities
under agreement with the Department of Homeland Security for alleged
violations under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.), which results in the apprehension of at least one alien shall be
carried out in accordance with the procedures described in this
section.
(b) Apprehension Procedures.--The Secretary of Homeland Security
and entities under agreement with the Department of Homeland Security
shall--
(1) conduct an initial review of each individual
apprehended in an immigration enforcement-related activity to
ascertain whether such individual may be a United States
citizen, a lawful permanent resident of the United States, or
an alien lawfully present in the United States;
(2) if an individual claims to be a United States citizen,
a lawful permanent resident of the United States, or an alien
lawfully present in the United States, ensure that personnel of
the Department of Homeland Security investigate the
individual's claims and consider the individual for release
under section 4(c);
(3) notify SSAs of immigration enforcement-related activity
not later than 24 hours before the commencement of such
activity, specifically notifying the SSAs of--
(A) the specific area of the State that will be
affected; and
(B) the languages that may be spoken by individuals
at the targeted site;
(4) if such immigration enforcement-related activities
cannot be planned more than 24 hours in advance, notify SSAs in
a timely fashion before the activity commences or, if advance
notification is not possible, immediately following the
commencement of such activity;
(5) provide licensed social workers or case managers
employed or contracted by the SSAs with ongoing confidential
access to each individual apprehended by the Department of
Homeland Security or any entity operating under agreement with
the Department of Homeland Security within six hours of the
individual's apprehension--
(A) to determine through screening and interviewing
if such individual is a member of a vulnerable
population as described in section 4(b) or for other
humanitarian concerns; and
(B) to offer confidential psychosocial and mental
health services to children and family members of such
individual at the time of apprehension;
(6) notify local law enforcement of the specific area of
the State that will be affected by such immigration
enforcement-related activity not later than 24 hours before the
commencement of such activity or, if such immigration
enforcement-related activity cannot be planned more than 24
hours in advance, notify local law enforcement in a timely
fashion before such activity commences, or if advance
notification is not possible, immediately following the
commencement of such activity;
(7) coordinate with qualified medical personnel within six
hours of the apprehension of an individual to--
(A) conduct medical screenings of such individual;
and
(B) identify and report any medical or other issues
that might necessitate release as a member of a
vulnerable population;
(8) require personnel of the Department of Homeland
Security and any entity operating under agreement with the
Department of Homeland Security to avoid the apprehension of
persons on the premises or in the immediate vicinity of day
care centers, head start centers, schools, school bus stops,
recreation centers, legal service providers, courts, funeral
homes, cemeteries, colleges, victim services agencies, social
service agencies, hospitals, health care clinics, community
centers, and places of worship;
(9) before transferring any individual apprehended by the
Department of Homeland Security or any entity operating under
agreement with the Department of Homeland Security to a
detention facility or outside the region where apprehension
took place--
(A) determine, based on all information available
to the Department of Homeland Security, entities
operating under agreement with the Department of
Homeland Security, and the recommendations made by SSAs
and medical personnel, whether such individual is a
member of a vulnerable population as described in
section 4(b) or should be released in accordance with
section 4(c); and
(B) ensure that such individual is not transferred
from his or her initial detention facility or to the
custody of the Secretary of Homeland Security until
such individual--
(i) has made arrangements for the care of
the individual's children or wards; or
(ii) if such arrangements are impossible,
is informed of the care arrangements made for
such children and a means to maintain
communication with such children;
(10) provide and advertise in the mainstream and foreign
language media and on the Web site of the Department of
Homeland Security a toll-free number through which family
members of individuals apprehended as a result of an
immigration enforcement-related activity may report information
relevant to the release of such individuals, including whether
such individuals are members of a vulnerable population, which
will be conveyed to the appropriate Department of Homeland
Security official and applicable SSA, and through which State
child welfare service providers, family members, and legal
counsel representing individuals who are apprehended may obtain
information about such individuals, including their location,
in English and in the majority language of such individuals;
(11) if there is reason to believe that an individual who
is apprehended is a parent, legal guardian, or primary
caregiver relative of a dependent child in the United States,
provide such parent, legal guardian, or primary caregiver
relative with--
(A) confidential and toll-free telephone calls to
arrange for care of dependent children within 2 hours
of screening;
(B) information, including contact details, for
legal service providers that can offer free legal
advice regarding child welfare and custody
determinations; and
(C) information, including contact information, on
multiple State and local child welfare providers;
(12) ensure that personnel of the Department of Homeland
Security and of entities operating under agreement with the
Department do not--
(A) interrogate or screen individuals in the
immediate presence of children;
(B) interrogate, arrest, or detain any child
apprehended with his or her parent or parents without
the presence or consent of a parent, family member,
legal guardian, or legal counsel; or
(C) compel or request children to translate for
other individuals who are encountered as part of an
immigration enforcement-related activity;
(13) provide all Department of Homeland Security personnel,
personnel from entities under agreement with the Department of
Homeland Security participating SSAs, and medical personnel
with detailed instructions on what steps to take if they
encounter individuals who are a member of a vulnerable
population;
(14) ensure that the best interests of children are
considered in decisions and actions relating to the detention,
transfer, or release of any individual apprehended by the
Department of Homeland Security, and that there be a preference
for family unity whenever appropriate;
(15) ensure that not fewer than one independent certified
interpreter who is fluent in Spanish or any language other than
English spoken by more than 5 percent of the population
targeted by an immigration enforcement-related activity is
available for in-person translation for every 5 individuals
targeted by an immigration enforcement-related activity, and
that the Department of Homeland Security and entities operating
under agreement with the Department of Homeland Security
utilize appropriate translation services where interpreters
cannot or have not been retained prior to commencement of an
immigration enforcement-related activity;
(16) permit nonprofit legal service providers to offer free
legal services to individuals subject to an immigration
enforcement-related activity at the time of the apprehension of
such individuals; and
(17) provide a legal orientation presentation for any
individual apprehended through an immigration enforcement-
related activity through the Legal Orientation Program
administered by the Executive Office for Immigration Review.
(c) Nondisclosure and Retention of Information About Apprehended
Individuals and Their Children.--
(1) In general.--Information collected by child welfare
agencies and nongovernmental organizations in the course of the
screenings and interviews described in subsection (b)(5) may
not be disclosed to Federal, State, or local government
entities or to any person, except pursuant to written
authorization from the individual or his or her legal counsel.
(2) Child welfare agency or nongovernmental organization
recommendation.--Notwithstanding paragraph (1), a child welfare
agency or nongovernmental organization may--
(A) submit a recommendation to the Secretary of the
Department of Homeland Security or a cooperating entity
regarding whether an apprehended individual is a
parent, legal guardian, or primary caregiver relative
who is eligible for the protections provided under this
Act; and
(B) disclose information that is necessary to
protect the safety of the child, to allow for the
application of paragraphs (9)(B) and (14) of subsection
(b), or to prevent reasonably certain death or
substantial bodily harm.
SEC. 4. BASIC PROTECTIONS FOR VULNERABLE POPULATIONS.
(a) In General.--Not later than 48 hours after the commencement of
an immigration enforcement-related activity, the Department of Homeland
Security shall, based on all information available to the Department of
Homeland Security, entities operating under agreement with the
Department of Homeland Security, and the recommendations made by SSAs
and medical personnel, determine if each individual apprehended through
such activity belongs to any of the groups listed in subsection (b).
Information regarding vulnerable groups and eligibility for potential
release shall be posted prominently in detention facilities where
detainees and visitors can access the information and shall be included
in the detainee handbook.
(b) Vulnerable Population Groups.--An individual is eligible for
release under subsection (c), or a decision not to detain, if the
individual belongs to any of the following groups:
(1) Individuals who have serious medical or mental health
needs or a disability.
(2) Pregnant or nursing women.
(3) Individuals who are apprehended with one or more of
their children, and their children.
(4) Sole custodial parents or sole legal guardians of
children, or individuals who have family members who are ill or
otherwise require the assistance of a caregiver.
(5) Children (as defined by section 101(b)(1) of the
Immigration and Nationality Act (8 U.S.C. 1101(b)(1))).
(6) Individuals who are over 65 years of age.
(7) Victims of abuse, violence, crime, or human
trafficking.
(8) Individuals who have been referred for a credible fear
interview, a reasonable fear interview, or an asylum hearing.
(9) Individuals who have applied or intend to apply for
asylum, withholding of removal, or protection under the
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, done at New York on December
10, 1984.
(10) Individuals who have a non-frivolous claim to United
States citizenship, lawful permanent resident status, or lawful
status in the United States.
(11) Individuals who are eligible for relief under any
provision of the Immigration and Nationality Act (8 U.S.C. 1101
et seq.).
(12) Any other group designated in regulations or guidance
promulgated by the Secretary of Homeland Security.
(c) Eligibility for Release.--
(1) In general.--Not later than 72 hours after the
apprehension of an individual described in subsection (b) by
the Department of Homeland Security or any entities operating
under agreement with the Department of Homeland Security, he or
she shall be released on his or her own recognizance, parole,
on a reasonable bond, or into a community-based non-custodial
alternatives to detention program and shall not be subject to
electronic monitoring, unless the Department demonstrates--
(A) the alien is subject to mandatory detention
under section 235(b)(1)(B)(iii)(IV), 236(c), or 236A of
the Immigration and Nationality Act (8 U.S.C.
1225(1)(B)(iii)(IV), 1226(c), or 1226a);
(B) the alien poses a danger to others or is a risk
to national security; or
(C) the alien is a flight risk and any risk of
flight cannot be mitigated by supervision or bond.
(2) Alternatives to detention.--If an alien is determined
not to meet the requirements for release on recognizance, bond,
or parole, or subsequently does not meet the requirements for
non-custodial alternatives to detention programs, the alien may
be considered for placement in alternatives to detention
programs that maintain custody over the alien, including
programs that use electronic ankle devices or heightened
supervision and monitoring procedures. The Secretary of
Homeland Security shall make an individualized determination in
each alien's case about the use of electronic monitoring and
shall review such determination on a monthly basis. Aliens who
would otherwise be subject to detention including under section
236(c) of the Immigration and Nationality Act (8 U.S.C.
1226(c)) may be placed in electronic monitoring or other secure
custodial alternatives to detention that maintain custody over
the alien.
(3) Written decision.--Each decision made under this
subsection shall specify in writing the reasons for such
decision and be served upon the detained individual in his or
her native language not later than 72 hours after the start of
detention, or, in the case of an individual subject to section
235, 238, or 241(a)(5) of the Immigration and Nationality Act,
not later than 72 hours after a positive credible or reasonable
fear determination. Each decision made under this section is
subject to redetermination at any time by an immigration judge.
SEC. 5. CUSTODY DETERMINATION.
(a) Amendment.--Section 236 of the Immigration and Nationality Act
(8 U.S.C. 1226) is amended--
(1) by redesignating subsection (e) as subsection (h);
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(3) by inserting before subsection (h), as redesignated,
the following:
``(g) Right To Access Counsel.--An individual who has been detained
under this section may be represented, at no expense to the Federal
Government, by counsel of the individual's choosing while being subject
to any immigration enforcement-related activity, including--
``(1) interviews;
``(2) processing appointments;
``(3) booking or intake questions;
``(4) hearings; and
``(5) any proceeding which may result in a conclusion that
the individual will be detained or removed from the United
States.''.
(b) Notice.--
(1) Amendment.--Section 236 of the Immigration and
Nationality Act, as amended by subsection (a), is further
amended by inserting before subsection (g) the following:
``(f) Notice and Charges.--
``(1) Notice.--The Secretary of Homeland Security shall,
for each individual detained under this section--
``(A) consider whether the individual warrants a
favorable exercise of prosecutorial discretion;
``(B) file a notice to appear or other relevant
charging document with the immigration court closest to
the location where the apprehension of such individual
occurred; and
``(C) serve such notice on such individual not
later than 48 hours after the commencement of
detention.
``(2) Custody determination.--Any individual who is
detained under this section for more than 48 hours shall be
brought before an immigration judge for a custody determination
not later than 72 hours after the commencement of such
detention unless the individual waives such right in accordance
with paragraph (3).
``(3) Waiver.--The requirements under this subsection may
be waived for 7 days if the individual--
``(A) enters into a written agreement with the
Department of Homeland Security to waive such
requirement; and
``(B) is eligible for immigration benefits or
demonstrates eligibility for a defense against
removal.''.
(2) Applicability of other law.--Nothing in 236(f) of the
Immigration and Nationality Act, as added by paragraph (1), may
be construed to repeal section 236A of such Act (8 U.S.C.
1226a).
SEC. 6. CHILD WELFARE SERVICES FOR CHILDREN SEPARATED FROM PARENTS
DETAINED OR REMOVED FROM THE UNITED STATES FOR
IMMIGRATION VIOLATIONS.
(a) State Plan Requirements.--Section 471(a) of the Social Security
Act (42 U.S.C. 671(a)) is amended--
(1) by striking ``and'' at the end of paragraph (32);
(2) by striking the period at the end of paragraph (33) and
inserting ``; and''; and
(3) by adding at the end the following:
``(34) provides that the State shall--
``(A) create and implement protocols to provide
guidance on how all employees of State agencies
providing services to children under the State plan
should handle cases of separated children that take
into account the best interest of the child, including
a preference for family unity whenever appropriate;
``(B) develop and implement memoranda of
understanding or protocols with Federal, State, and
local government agencies to facilitate communication
between such agencies and--
``(i) each separated child;
``(ii) a parent, guardian, or relative
referred to in section 475(9)(B);
``(iii) family members of such child;
``(iv) family courts;
``(v) providers of services to such child
under the State plan;
``(vi) providers of long-term care to such
child; and
``(vii) legal representatives of such child
or of such a parent, guardian, or relative;
``(C) develop and implement joint protocols and
training with law enforcement agencies to minimize the
trauma to a child, at the time of apprehension of a
parent, legal guardian, or primary caretaker relative
of such child, after which such child will become a
separated child, including protocols and training for
conducting such apprehensions in the presence of such
child and ensuring appropriate and prompt care
arrangements for such child after apprehension occurs;
``(D) ensure that the case manager for a separated
child is capable of communicating in the native
language of such child and of the family of such child,
or an interpreter who is so capable is provided to
communicate with such child and the family of such
child at no cost to the child or the family of such
child;
``(E) require that, in all decisions and actions
relating to the care, custody, and placement of a
separated child, the best interest of such child,
including a preference for family unity, be considered,
and ensure that such decisions are based on clearly
articulated factors that do not include predictions or
conclusions about immigration status or pending Federal
immigration proceedings;
``(F) coordinate with the Department of Homeland
Security to ensure that parents who wish for their
child to accompany them to their country of origin are
given adequate time to obtain a passport and visa,
collect all relevant vital documents such as birth
certificate, health, and educational records, and other
information;
``(G) preserve, to the greatest extent possible,
the privacy and confidentiality of all information
gathered in the course of administering the care,
custody, and placement of, and follow-up services
provided to, a separated child, consistent with the
best interest of such child, by not disclosing such
information to other government agencies or persons
(other than a parent, guardian, or relative or such
child), except that the head of the State agency may
disclose such information--
``(i)(I) when authorized to do so by the
child (if the child has attained 18 years of
age) if the disclosure is consistent with the
best interest of the child; or
``(II) to a law enforcement agency if the
disclosure would prevent imminent and serious
harm to another individual; and
``(ii) if such information is shared, all
disclosures shall be duly recorded in writing
and placed in the file of the child; and
``(H) not less frequently than annually, compile,
update, and publish a list of entities in the State who
are qualified to provide guardian and legal
representation services for a separated child in a
language such child can read and understand.''.
(b) Additional Information To Be Included in Case Plan.--Section
475(1) of such Act (42 U.S.C. 675(1)) is amended by adding at the end
the following:
``(H) In the case of a separated child with respect
to whom the State plan requires the State to provide
services pursuant to section 471(a)(34)--
``(i) the location of the parent, guardian,
or relative referred to in paragraph (9)(B) of
this subsection from whom the child has been
separated; and
``(ii) a written record of each disclosure
to a government agency or person (other than
such a parent, guardian, or relative) of
information gathered in the course of tracking
the care, custody, and placement of, and
follow-up services provided to, the child.''.
(c) Separated Child Defined.--Section 475 of such Act (42 U.S.C.
675) is amended by adding at the end the following:
``(9) The term `separated child' means an individual who--
``(A) is a citizen or lawful permanent resident of,
or an alien lawfully present in, the United States;
``(B) has a parent, legal guardian, or primary
caregiver relative who has been detained by a Federal,
State, or local law enforcement agency in the
enforcement of an immigration law, or removed from the
United States as a result of a violation of such a law;
and
``(C) is in foster care under the responsibility of
a State.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the 1st day of the 1st calendar quarter that begins after the
1-year period that begins with the date of the enactment of this Act.
SEC. 7. REPORT ON PROTECTIONS FOR VULNERABLE POPULATIONS IMPACTED BY
IMMIGRATION ENFORCEMENT ACTIVITIES.
(a) Requirement for Reports.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter, the Secretary of
Homeland Security shall submit a report to Congress that describes the
impact of immigration enforcement activities and fugitive operations on
United States citizens, lawful permanent residents, individuals
otherwise lawfully present in the United States, and, where possible,
undocumented aliens present in the United States.
(b) Content.--The report submitted under subsection (a) shall
include an assessment of--
(1) the number of individuals apprehended during
immigration enforcement-related activities who are children,
United States citizens, lawful permanent residents, or lawfully
present non-citizens;
(2) immigration enforcement-related activities at homes,
schools, school bus stops, day care centers, colleges, places
of worship, hospitals, health care clinics, funeral homes,
cemeteries, victim services agencies, social services agencies,
head start centers, recreation centers, legal service
providers, courts, and community centers;
(3) apprehensions, detentions, and removals of sole
caregivers, primary breadwinners, pregnant and nursing mothers,
and other vulnerable groups during an immigration enforcement-
related activity;
(4) the extent to which the Department of Homeland Security
cooperates and coordinates with State and local law enforcement
during immigration enforcement-related activities;
(5) the number of immigration enforcement-related
apprehensions resulting from cooperation with State and local
law enforcement;
(6) whether apprehended individuals are provided access to
a telephone;
(7) how quickly apprehended individuals are provided access
to a telephone;
(8) the manner through which family members of the target
population of the immigration enforcement-related activity are
notified of the detention of a family member;
(9) the number of parents, legal guardians, or primary
caregivers of children removed from the United States;
(10) the number of parents, legal guardians, or primary
caregivers of children removed from the United States whose
children accompany or join;
(11) the number of parents, legal guardians, or primary
caregivers of children removed from the United States without
their children;
(12) the number of occasions on which both parents of a
particular child are removed from the United States without
such child;
(13) the length of time that parents, legal guardians, or
primary caregivers of children have been present in the United
States prior to removal from the United Sates;
(14) the number of United States citizen children that
remain in the United States after the removal of a parent,
guardian, or caregiver;
(15) the number of apprehended individuals who are
determined to be part of a vulnerable population released
within the time limit specified under section 4(c);
(16) the length of time between when an individual is
determined to be part of a vulnerable population and when that
individual is released under section 4(c);
(17) the methodology of the Department of Homeland Security
for notifying agents and entities under agreement with the
Department of Homeland Security about standards regarding
enforcement actions concerning vulnerable populations and
holding such agents and entities accountable when such
standards are violated;
(18) the number of officials of the Department of Homeland
Security disciplined for violations during apprehensions and in
making detention decisions;
(19) transfers of immigrants during the course of an
immigration enforcement activity, including whether such
immigrants--
(A) had access to legal counsel before being
transferred;
(B) received notice of an impending transfer; and
(C) were evaluated for vulnerability under section
3(b)(9) before being transferred;
(20) apprehension procedures for immigration enforcement-
related activities, and compliance with screening procedures
for vulnerable populations;
(21) recommendations for improving immigration enforcement-
related activities and fugitive operations by reducing the
negative impact on children and vulnerable populations; and
(22) alternatives to detention programs, including the
types of programs used, number of individuals placed in such
programs, reasons for not placing immigrants that qualify as a
member of a vulnerable population as defined in section 4(b) in
such programs, percentage of cases in which adjustment of
immigration status is granted, percentage of cases in which
removal is undertaken, and frequency of absconding.
SEC. 8. VULNERABLE POPULATION AND CHILD WELFARE TRAINING FOR
IMMIGRATION ENFORCEMENT OFFICERS.
(a) Mandatory Training.--
(1) In general.--The Secretary of Homeland Security, in
consultation with the Secretary of Health and Human Services
and independent child welfare experts, shall mandate live
specialized training in all legal authorities, policies, and
procedures pertaining to the humanitarian and due process
protections for these vulnerable populations for all Federal
personnel, relevant personnel employed by States reimbursed for
activities related to care and services for separated children,
and State and local personnel and SSA personnel who come into
contact with vulnerable populations as defined in section 3(b).
(2) Vulnerable populations.--The personnel listed in
paragraph (1) shall be trained to work with vulnerable
populations, including identifying members of such populations
for whom asylum or special juvenile immigrant relief may be
appropriate.
(3) Best practices.--Participants will be required to
undertake periodic and continuing training on best practices
and changes in the law, policies, and procedures for these
vulnerable populations.
(b) Memoranda of Understanding.--The Secretary of Homeland Security
shall require all law enforcement agencies under agreement with the
Department of Homeland Security to establish Memoranda of Understanding
with SSAs with respect to the availability of services, as well as the
best ways to cooperate and facilitate ongoing communication as it
pertains to the humanitarian and due process protections for vulnerable
populations as defined in section 4(b).
SEC. 9. ACCESS FOR PARENTS, LEGAL GUARDIANS, AND, PRIMARY CAREGIVER
RELATIVES.
(a) In General.--The Secretary of the Department of Homeland
Security shall ensure that all detention facilities operated by or
under agreement with the Department take steps to ensure that the best
interest of the child, including a preference for family unity whenever
appropriate, can be considered in decisions and actions relating to the
custody of children whose parent, legal guardian, or primary caregiver
relative is detained by reason of immigration status.
(b) Training.--The Secretary of Homeland Security, in consultation
with the Department of Health and Human Services, the Department of
Justice, the Department of State, and independent family law experts,
shall mandate live, specialized training of all personnel at detention
facilities operated by the Department of Homeland Security or under
agreement with the Department of Homeland Security in all legal
authorities, policies, and procedures related to ensuring that parents,
legal guardians, and primary caregiver relatives of children have
regular, ongoing and in-person access to children, State family courts,
consular officers, and staff of State social service agencies
responsible for administering child welfare programs. Such personnel
shall be required to undertake periodic and continuing training on best
practices and changes in relevant law, policies, and procedures
pertaining to the preservation of family unity.
(c) Access to Children, Local and State Courts, Child Protective
Services, and Consular Officials.--The Secretary of Homeland Security--
(1) shall ensure that detained parents, legal guardians,
and primary caregiver relatives of children under 18 years of
age--
(A) are granted free and confidential phone calls
with their children on a daily basis;
(B) are permitted regular contact visits with their
children;
(C) are able to participate fully, and to the
extent possible in-person, in all family court
proceedings and any other proceeding impacting upon
custody of their children;
(D) are able to fully participate in and comply
with all family court and child welfare agency orders
impacting upon custody of their children;
(E) have regular, on-site access to reunification
programming including parenting classes;
(F) are provided with contact information for child
protective services entities and family courts in all
fifty States, the District of Columbia, all United
States territories, and are granted free, confidential,
and unlimited telephone access to child protective
services entities and family courts to report child
abuse, abandonment, or neglect as often as is necessary
to ensure that the best interests of the child,
including a preference for family unity where
appropriate, can be considered;
(G) are granted regular, confidential and in-person
access to consular officials; free, unlimited,
confidential phone calls to consular officials; and
access to United States passport applications for the
purpose of obtaining travel documents for their
children; and
(H) who wish to take their children with them to
their country of origin are granted adequate time prior
to being removed to obtain a birth certificate and a
passport and other relevant documents necessary for
children to accompany them on their return to their
country of origin or join them in their country of
origin; and
(2) shall facilitate the ability of detained parents, legal
guardians, and primary caregiver relatives to reunify with
their children under 18 years of age at the time of removal to
their country of origin, including providing information about
the travel arrangements of the detained parent, legal guardian,
or primary caregiver relative to State social service agencies
or other caregivers.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
SEC. 11. REGULATIONS.
Not later than 6 months after the date of the enactment of this
Act, the Secretary shall promulgate regulations to implement this Act,
in accordance with the notice and comment requirements under subchapter
II of chapter 5 of title 5, United States Code (commonly referred to as
the Administrative Procedure Act).
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, 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 Ways and Means, 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 Human Resources.
Referred to the Subcommittee on Immigration Policy and Enforcement.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line