Humane Enforcement and Legal Protections for Separated Children Act or the HELP Separated Children Act - Sets forth apprehension procedures for immigration enforcement-related activities engaged in by the Department of Homeland Security (DHS) and cooperating entities,
Directs the Secretary of Homeland Security to: (1) require DHS detention facilities to implement procedures to ensure that child custody and family interests can be considered in any immigration detention action, (2) develop memoranda of understanding with child welfare agencies and community organizations that protect the best interests of children of detained individuals, and (3) provide DHS personnel with appropriate training.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5879 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5879
To provide protection for children affected by the immigration laws of
the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 11, 2014
Ms. Roybal-Allard introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
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.
In this Act:
(1) Apprehension.--The term ``apprehension'' means the
detention or arrest by officials of the Department of Homeland
Security or cooperating entities.
(2) Child.--The term ``child'' means an individual who has
not attained 18 years of age.
(3) Child welfare agency.--The term ``child welfare
agency'' means a State or local agency responsible for child
welfare services under subtitles B and E of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
(4) Cooperating entity.--The term ``cooperating entity''
means a State or local entity acting under agreement with the
Secretary.
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Detention facility.--The term ``detention facility''
means a Federal, State, or local government facility, or a
privately owned and operated facility, that is used, in whole
or in part, to hold individuals under the authority of the
Director of U.S. Immigration and Customs Enforcement, including
facilities that hold such individuals under a contract or
agreement with the Director.
(7) Immigration enforcement action.--The term ``immigration
enforcement action'' means the apprehension of one or more
individuals whom the Department has reason to believe are
removable from the United States by the Secretary or a
cooperating entity.
(8) NGO.--The term ``NGO'' means a nongovernmental
organization that provides social services or humanitarian
assistance to the immigrant community.
(9) Parent.--The term ``parent'' means a biological or
adoptive parent of a child, whose parental rights have not been
relinquished or terminated under State law or the law of a
foreign country, or a legal guardian under State law or the law
of a foreign country.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT-RELATED
ACTIVITIES.
(a) Apprehension Procedures.--In any immigration enforcement
action, the Secretary and cooperating entities shall--
(1) as soon as possible, but generally not later than 2
hours after an immigration enforcement action, inquire whether
an individual is a parent or primary caregiver of a child in
the United States and notify any such individual, in a language
that he or she understands, that he or she is entitled to--
(A) the opportunity to make a minimum of 2
telephone calls to arrange for the care of such child
in the individual's absence; and
(B) contact information for--
(i) child welfare agencies and family
courts in the same jurisdiction as the child;
and
(ii) consulates, attorneys, and legal
service providers capable of providing free
legal advice or representation regarding child
welfare, child custody determinations, and
immigration matters;
(2) notify the child welfare agency with jurisdiction over
the child if the child's parent or primary caregiver is unable
to make care arrangements for the child or if the child is in
imminent risk of serious harm;
(3) ensure that personnel of the Department and cooperating
entities do not, absent medical necessity or extraordinary
circumstances, interview individuals in the immediate presence
of children over the age of 2 unless the parent or primary
caregiver gives permission, or compel or request children to
interpret or translate for interviews of their parents or of
other individuals who are encountered as part of an immigration
enforcement action;
(4) ensure that any parent or primary caregiver of a child
in the United States--
(A) absent medical necessity or extraordinary
circumstances, is not transferred from his or her area
of apprehension until the individual--
(i) has made arrangements for the care of
such child; or
(ii) if such arrangements are unavailable
or the individual is unable to make such
arrangements, is informed of the care
arrangements made for the child and of a means
to maintain communication with the child;
(B) absent medical necessity or extraordinary
circumstances is placed in a detention facility
either--
(i) proximate to the location of
apprehension; or
(ii) proximate to the individual's habitual
place of residence; and
(iii) absent medical necessity or
extraordinary circumstances, is not transferred
from such facility unless necessary to
facilitate participation in child welfare
proceedings; and
(C) receives due consideration of the best
interests of such child in any decision or action
relating to his or her detention, release, or transfer
between detention facilities; and
(5) issue guidance prohibiting personnel of the Department
and cooperating entities from apprehending 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, absent exceptional circumstances.
(b) Requests to Local and State Entities.--If the Secretary
requests a State or local entity to hold in custody an individual who
the Department has reason to believe is removable pending transfer of
that individual to the custody of the Secretary or to a detention
facility, the Secretary shall also request that the State or local
entity provide the individual the protections specified in paragraphs
(1) and (2) of subsection (a), if that individual is found to be the
parent or primary caregiver of a child in the United States.
(c) Protections Against Trafficking Preserved.--The provisions of
this section shall not be construed to impede, delay, or in any way
limit the obligations of the Secretary, the Attorney General, or the
Secretary of Health and Human Services under section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
(8 U.S.C. 1232) or section 462 of the Homeland Security Act of 2002 (6
U.S.C. 279).
SEC. 4. ACCESS TO CHILDREN, STATE AND LOCAL COURTS, CHILD WELFARE
AGENCIES, AND CONSULAR OFFICIALS.
(a) In General.--The Secretary shall ensure that all detention
facilities operated by or under agreement with the Department implement
procedures to ensure that the best interest of the child, including a
preference for family unity wherever appropriate, can be considered in
any decision and action relating to the custody of children whose
parent, legal guardian, or primary caregiver is detained as the result
of an immigration enforcement action.
(b) Detention Procedures.--At all detention facilities, the
Secretary shall--
(1) prominently post in a manner accessible to detainees
and visitors and include in detainee handbooks information on
the protections of this Act as well as information on potential
eligibility for parole or release;
(2) absent extraordinary circumstances, ensure that
individuals who are detained by the Department and are parents
of children in the United States are--
(A) permitted regular phone calls and contact
visits with their children;
(B) provided with contact information for child
welfare agencies and family courts in the relevant
jurisdictions;
(C) able to participate fully, and to the extent
possible in-person, in all family court proceedings and
any other proceedings that may impact their right to
custody of their children;
(D) granted free and confidential telephone calls
to relevant child welfare agencies and family courts as
often as is necessary to ensure that the best interest
of their children, including a preference for family
unity whenever appropriate, can be considered in child
welfare agency or family court proceedings;
(E) able to fully comply with all family court or
child welfare agency orders impacting custody of their
children;
(F) provided access to United States passport
applications or other relevant travel document
applications for the purpose of obtaining travel
documents for their children;
(G) afforded timely access to a notary public for
the purpose of applying for a passport for their
children or executing guardianship or other agreements
to ensure the safety of their children; and
(H) granted adequate time before removal to obtain
passports, apostilled birth certificates, travel
documents, and other necessary records, including
health and school records, on behalf of their children
if such children will accompany them on their return to
their country of origin or join them in their country
of origin; and
(3) where doing so would not impact public safety or
national security, facilitate the ability of detained alien
parents and primary caregivers to reunify with their children
by sharing information regarding travel arrangements with their
consulate, children, child welfare agencies, or other
caregivers in advance of the detained alien individual's
departure from the United States.
SEC. 5. MEMORANDA OF UNDERSTANDING.
The Secretary, in consultation with the Department of Health and
Human Services, shall develop and implement memoranda of understanding
or protocols with child welfare agencies and NGOs regarding the best
ways to cooperate and facilitate ongoing communication between all
relevant entities in cases involving a child whose parent, legal
guardian, or primary caregiver has been apprehended or detained in an
immigration enforcement action to protect the best interests of the
child, including a preference for family unity whenever appropriate.
SEC. 6. MANDATORY TRAINING.
The Secretary, in consultation with the Secretary of Health and
Human Services, the Secretary of State, the Attorney General, and
independent child welfare and family law experts, shall develop and
provide training on the protections required under sections 3 and 4 to
all personnel of the Department, cooperating entities, and detention
facilities operated by or under agreement with the Department who
regularly engage in immigration enforcement actions and in the course
of such actions come into contact with individuals who are parents or
primary caregivers of children in the United States.
SEC. 7. RULEMAKING.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall promulgate regulations to implement sections 3
and 4 of this Act.
SEC. 8. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding.
SEC. 9. REPORT ON PROTECTIONS FOR CHILDREN IMPACTED BY IMMIGRATION
ENFORCEMENT ACTIVITIES.
(a) Requirement for Report.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report that describes the impact of
immigration enforcement activities on children, including children who
are citizens of the United States.
(b) Content.--The report submitted under subsection (a) shall
include for the previous 1-year period an assessment of--
(1) the number of individuals removed from the United
States who are the parent of a child who is a citizen of the
United States;
(2) the number of occasions in which both parents or the
primary caretaker of such a child was removed from the United
States; and
(3) the number of children who are citizens of the United
States who leave the United States with parents who are
removed.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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