Humane Enforcement and Legal Protections for Separated Children Act of 2019 or the HELP Separated Children Act of 2019
This bill provides protections for children whose parent or caregiver has been detained for immigration enforcement purposes.
The Department of Homeland Security (DHS) and entities cooperating with DHS on immigration enforcement shall determine as soon as possible whether a detained individual is a parent or caregiver of a child in the United States. Detained parents and caregivers shall (1) have the chance to make at least two phone calls to arrange for child care; and (2) receive contact information for child welfare agencies, family courts, consulates, attorneys, and other relevant entities.
DHS shall not transfer the detained individual to another geographical area until child care arrangements have been made, absent extraordinary circumstances. DHS shall (1) permit detained individuals regular contact with their children, and (2) give detained individuals the opportunity to participate in all proceedings impacting custody of their children.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3451 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3451
To protect children affected by immigration enforcement actions.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2019
Ms. Roybal-Allard (for herself, Ms. Velazquez, Ms. Titus, Mr. Price of
North Carolina, and Mr. Espaillat) introduced the following bill; which
was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect children affected by immigration enforcement actions.
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 of 2019'' or the ``HELP
Separated Children Act of 2019''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Apprehension.--The term ``apprehension'' means the
detention or arrest by officials of the Department or
cooperating entities.
(2) Child.--The term ``child'' means an individual who is
younger than 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 1 or more
individuals whom--
(A) the Department has reason to believe are
removable from the United States by the Secretary or a
cooperating entity; and
(B) are apprehended by immigrations and customs
enforcement or a cooperating entity.
(8) Parent.--The term ``parent'' means--
(A) 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
(B) a legal guardian under State law or the law of
a foreign country.
(9) 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 provide any such individuals with--
(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--
(A) the child's parent or primary caregiver is
unable to make care arrangements for the child; or
(B) 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--
(A) interview individuals in the immediate presence
of children; or
(B) 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) absent extraordinary circumstances, ensure that
individuals who are the subject of an immigration enforcement
action and are parents of children in the United States who are
present during the action are given an opportunity--
(A) to communicate with their child, including
through physical contact;
(B) to reassure their child;
(C) to share information regarding care
arrangements for their child while the parent is
detained; and
(D) to communicate known medical illnesses,
including chronic illnesses, to the Department prior to
separation;
(5) 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, including telephonic
and video conferencing communication, with the
child;
(B) absent medical necessity or extraordinary
circumstances, and to the extent practicable, is placed
in a detention facility that is--
(i) proximate to the location of
apprehension; and
(ii) proximate to the child's habitual
place of residence; 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.
(b) Requests to State and Local Entities.--If the Secretary
requests a State or local entity to hold in custody an individual whom
the Department has reason to believe is removable pending transfer of
such individual to the custody of the Secretary or to a detention
facility, the Secretary shall request that the State or local entity
provide the individual the protections specified in paragraphs (1) and
(2) of subsection (a) if such individual is the parent or primary
caregiver of a child in the United States.
(c) Protections Against Trafficking Preserved.--Nothing in this
section may be construed to impede, delay, or limit the obligations of
the Secretary, the Attorney General, or the Secretary of Health and
Human Services under--
(1) section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232);
(2) section 462 of the Homeland Security Act of 2002 (6
U.S.C. 279); or
(3) the Stipulated Settlement Agreement filed in the United
States District Court for the Central District of California on
January 17, 1997 (CV 85-4544-RJK) (commonly known as the
``Flores Settlement Agreement'').
SEC. 4. ACCESS TO CHILDREN, STATE AND LOCAL COURTS, CHILD WELFARE
AGENCIES, AND CONSULAR OFFICIALS.
At all detention facilities, the Secretary shall--
(1) prominently post, in a manner accessible to detainees
and visitors, and include in detainee handbooks--
(A) information regarding the protections required
under this Act; and
(B) information regarding potential eligibility for
parole or release;
(2) absent extraordinary circumstances, ensure that
individuals who are detained by the Department and are parents
or legal guardians 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) given the opportunity to participate fully and,
to the extent possible, in person--
(i) in all family court proceedings; and
(ii) in 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 and opportunity before
removal to obtain passports, apostilled birth
certificates, travel documents, and other necessary
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) if doing so would not impact public safety or national
security, facilitate the ability of detained alien parents and
primary caregivers to share 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. MANDATORY TRAINING.
The Secretary, in consultation with the Secretary of Health and
Human Services 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--
(1) regularly engage in immigration enforcement actions,
including detention; and
(2) in the course of such actions, come into contact with
individuals who are parents or primary caregivers of children
in the United States.
SEC. 6. 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.
SEC. 7. SEVERABILITY.
If any provision of this Act, any amendment made by this Act, or
the application of any such provision or amendment to any person or
circumstance is held to be unconstitutional, the remaining provisions
of this Act, the remaining amendments made by this Act, and the
application of such provisions and amendments to any person or
circumstance shall not be affected by such holding.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Citizenship.
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