[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3128 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3128
To streamline the reporting of violations against immigrant children in
Federal custody, to provide protections for unaccompanied immigrant
children, and to ensure safe release to sponsors, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 25, 2023
Mr. Durbin (for himself, Ms. Cortez Masto, Ms. Hirono, Mrs. Gillibrand,
Mr. Merkley, Mr. Menendez, Mr. Blumenthal, Ms. Butler, Mr. Welch, and
Mr. Whitehouse) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To streamline the reporting of violations against immigrant children in
Federal custody, to provide protections for unaccompanied immigrant
children, and to ensure safe release to sponsors, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Protecting
Unaccompanied Children Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--STREAMLINING REPORTING OF VIOLATIONS AGAINST IMMIGRANT
CHILDREN IN FEDERAL CUSTODY
Sec. 101. Definitions.
Sec. 102. Office of the Ombudsperson for Immigrant Children in Federal
Custody.
Sec. 103. Data collection.
Sec. 104. Expert advisory committee.
Sec. 105. Coordination with Department of Homeland Security.
Sec. 106. Rule of construction.
TITLE II--PROTECTIONS FOR IMMIGRANT CHILDREN
Subtitle A--Unaccompanied Alien Children in Immigration Proceedings
Sec. 201. Legal representation in removal proceedings.
Sec. 202. Motions to reopen.
Subtitle B--Access to Services
Sec. 211. Clarification of unaccompanied child determination
procedures.
Sec. 212. Improving access to post-release services.
Sec. 213. State-level coordinators for unaccompanied children's
services.
Sec. 214. Assistance for children and families separated under zero
tolerance.
Subtitle C--Facilities Housing Unaccompanied Alien Children
Sec. 221. Technical assistance for community-based care providers.
Sec. 222. Standards and compliance.
Subtitle D--Child Welfare at the Border and Prevention of Family
Separation
Sec. 231. Child welfare training at the border.
Sec. 232. Preventing family separation of unaccompanied children.
TITLE III--ENSURING SAFE RELEASE TO SPONSORS
Sec. 301. Ensuring safe release to sponsors who are not parents or
legal guardians.
Sec. 302. Expansion and evaluation of home studies.
Sec. 303. Requirements for child and sponsor case management system.
TITLE IV--PROTECTIONS AND ACCESS TO CERTAIN SERVICES FOR SPECIAL
IMMIGRANT JUVENILES AND OTHER VULNERABLE IMMIGRANTS
Sec. 401. Eliminating annual employment-based visa caps for special
immigrant juveniles.
Sec. 402. Elimination of annual numerical limitation on U visas.
Sec. 403. Access to Medicaid for certain children granted status.
TITLE V--STOPPING CHILD LABOR TRAFFICKING
Sec. 501. Victims of serious labor and employment violations or crime.
Sec. 502. Labor enforcement actions.
TITLE VI--GENERAL PROVISIONS
Sec. 601. Authorization of appropriations.
Sec. 602. Supplemental appropriation.
TITLE I--STREAMLINING REPORTING OF VIOLATIONS AGAINST IMMIGRANT
CHILDREN IN FEDERAL CUSTODY
SEC. 101. DEFINITIONS.
In this title:
(1) Committee.--The term ``Committee'' means the expert
advisory committee established under section 104(a).
(2) Director.--The term ``Director'' means the Director of
the Office of Refugee Resettlement.
(3) Facility.--The term ``facility''--
(A) means a location at which 1 or more immigrant
children are detained by the Government or held in
Government custody; and
(B) includes--
(i) an Office of Refugee Resettlement
facility; and
(ii) a Department of Homeland Security
facility, including--
(I) a U.S. Customs and Border
Protection temporary holding facility
and transportation contractor;
(II) a U.S. Immigration and Customs
Enforcement family detention facility;
(III) a U.S. Immigration and
Customs Enforcement juvenile facility;
(IV) a location operated by a
private entity, including a hotel room;
and
(V) any other location at which the
Department of Homeland Security detains
or holds in custody an immigrant child.
(4) Flores settlement agreement.--The term ``Flores
settlement agreement'' means 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).
(5) Immigrant child.--The term ``immigrant child'' means an
alien (as defined in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) under the age of 18 years.
(6) In-network facility.--The term ``in-network facility''
means a facility operated by an Office of Refugee Resettlement
grantee, subgrantee, contractor, or subcontractor.
(7) Office of refugee resettlement facility.--The term
``Office of Refugee Resettlement facility''--
(A) means--
(i) a shelter operated by an Office of
Refugee Resettlement grantee, subgrantee,
contractor, or subcontractor to hold immigrant
children;
(ii) a staff secure facility, a secure care
facility, a residential treatment center,
transitional foster care housing, or long-term
foster care so operated; or
(iii) any other location operated by the
Office of Refugee Resettlement to hold
immigrant children; and
(B) includes an in-network facility and an out-of-
network facility.
(8) Ombudsperson.--The term ``Ombudsperson'' means the
ombudsperson appointed under section 102(c).
(9) Out-of-network facility.--The term ``out-of-network
facility'' means a facility at which an immigrant child is
placed as a result of an Office of Refugee Resettlement
determination that there is no care provider available among
in-network facilities to provide specialized services required
by the immigrant child, such as medical or mental health
support.
(10) Unobstructed access.--The term ``unobstructed access''
means--
(A) with respect to a facility, the ability to
enter the facility, including unannounced, to tour and
physically visit all areas of the facility; and
(B) with respect to information, the ability to
obtain requested information in a timely manner and
with the full cooperation of the Secretary of Health
and Human Services and the Secretary of Homeland
Security, as applicable.
(11) Working group.--The term ``Working Group'' means the
interagency working group established under section 105(b).
SEC. 102. OFFICE OF THE OMBUDSPERSON FOR IMMIGRANT CHILDREN IN FEDERAL
CUSTODY.
(a) Establishment.--There is established, within the Department of
Health and Human Services, an Office of the Ombudsperson for Immigrant
Children in Federal Custody (referred to in this section as the
``Office of the Ombudsperson'')--
(1) to endorse and support the principle that family
separation and detention are generally not in a child's best
interest; and
(2) in cases in which Federal detention or custody is
required--
(A) to ensure that immigrant children are only
detained or held in custody by the Federal Government
in the least restrictive setting;
(B) to advocate for the quick, safe, and efficient
release of immigrant children from Federal detention or
custody whenever possible; and
(C) in any case in which an immigrant child is held
in Department of Homeland Security custody together
with his or her family unit, to advocate for the
release of the child and concurrent release of the
parent or legal guardian of the child.
(b) Independence.--The Office of the Ombudsperson shall be--
(1) an impartial, confidential resource to ensure the best
interest of children in Federal custody; and
(2) fully independent of--
(A) the Office of Refugee Resettlement of the
Department of Health and Human Services; and
(B) the Department of Homeland Security.
(c) Ombudsperson.--
(1) In general.--The Office of the Ombudsperson shall be
headed by an Ombudsperson, who shall be appointed by, and
report directly to, the Secretary of Health and Human Services.
(2) Qualifications.--The individual appointed as
Ombudsperson shall have demonstrated experience in--
(A) immigration law; and
(B) child advocacy or child welfare.
(3) Duties and authorities.--
(A) Monitoring.--On a regular basis, the
Ombudsperson shall monitor facilities, including
licensed facilities that are not licensed by a State,
for compliance with all applicable laws, policies, and
standards, including--
(i) the Flores settlement agreement;
(ii) section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232);
(iii) the applicable provisions of the
Prison Rape Elimination Act of 2003 (34 U.S.C.
30301 et seq.);
(iv) applicable policies of U.S. Customs
and Border Protection relating to the standard
of care for individuals in Federal custody; and
(v) Office of Refugee Resettlement policies
relating to the care and custody of
unaccompanied alien children.
(B) Investigations.--
(i) In general.--The Ombudsperson shall
investigate--
(I) claims of abuse, neglect, or
mistreatment of immigrant children, by
the Government or any other entity,
while in Government custody;
(II) complaints against foster care
providers, including foster care
providers under State oversight; and
(III) potential violations of
related laws and standards.
(ii) Reporting of state licensing
violations.--If, in the course of an
investigation under clause (i)(II), the
Ombudsperson discovers a State licensing
violation, the Ombudsperson shall report the
violation to the child welfare licensing agency
of the applicable State.
(iii) Violations in unlicensed
facilities.--
(I) In general.--The Ombudsperson
shall monitor any potential violation
of law, policy, or standard in a
facility that is not licensed by a
State on a regular basis.
(II) Report.--If, in the course of
monitoring a facility described under
subclause (I), the Ombudsperson
determines that a violation of law,
policy, or standard has occurred, not
later than 30 days after making such
determination, the Ombudsperson shall
report the violation the Secretary of
Health and Human Services for further
action.
(C) Stakeholder meetings.--Not less frequently than
quarterly, the Ombudsperson shall invite community
stakeholders, Flores settlement agreement class
counsel, and, as applicable, the Flores settlement
agreement court-appointed monitor to participate in a
meeting--
(i) to ensure that the Ombudsperson is
aware of stakeholder concerns and priorities;
and
(ii) to provide feedback on stakeholder
requests.
(D) Individual case assistance.--
(i) In general.--The Ombudsperson may offer
individual case assistance to an immigrant
child who is in Government custody if the case
of the immigrant child is long-pending or
otherwise requires expedited processing or
elevated attention, as determined by the
Ombudsperson.
(ii) Communication.--To ensure a complete
understanding of the status of a case described
in clause (i), the Ombudsperson may communicate
with--
(I) the immigrant child concerned;
(II) the family members and
potential sponsor of such child; and
(III) the child advocate, legal
counsel, Office of Refugee Resettlement
case manager and Federal field
specialist, and any other relevant
individual charged with care provision,
case management, or case coordination
of the immigrant child concerned.
(E) Subpoena authority.--Subject to the approval of
the Secretary of Health and Human Services, the
Ombudsperson may--
(i) issue a subpoena to require the
production of all information, reports, and
other documentary evidence necessary to carry
out the duties of the Ombudsperson; and
(ii) invoke the aid of any appropriate
court of the United States.
(F) Reporting mechanisms.--
(i) In general.--The Ombudsperson shall
establish and maintain--
(I) a toll-free telephone number to
receive complaints and reports of
matters for investigation; and
(II) an email address to receive
such complaints and reports.
(ii) Availability.--The Ombudsperson shall
ensure that--
(I) in each facility--
(aa) such telephone number
is made available in a
prominent, visible, and public
location in a common area of
the facility; and
(bb) a telephone is
accessible to each immigrant
child;
(II) such email address is made
available to sponsors, Flores
settlement agreement class counsel,
legal services providers and child
advocates who serve such immigrant
children, and State-level coordinators
appointed under paragraph (7) of
section 235(c) of the William
Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008
(8 U.S.C. 1232(c)), as added by section
213; and
(III) in each facility, such
telephone number and email address are
made available, in a prominent,
visible, and public location in a
common area of the facility, to all
individuals employed, contracted, or
otherwise tasked with the care and
custody of children by the Secretary of
Health and Human Services so that such
individuals may report--
(aa) any potential
violation of law, policy, or
standard relating to immigrant
children in Federal custody; or
(bb) any other claim of
abuse, neglect, or mistreatment
of immigrant children.
(iii) Review and evaluation.--
(I) In general.--Not later than 2
years after the date of the enactment
of this Act, and every 2 years
thereafter, the Ombudsperson shall
complete a review of the reporting
mechanisms under this subparagraph to
evaluate whether such mechanisms are
sufficient to ensure the oversight and
monitoring required by this title.
(II) Report.--Not later than 30
days after the completion of each
review required by subclause (I), the
Ombudsperson shall submit to Congress a
report on the results of the review
that includes, in the case of a
determination that such mechanisms are
insufficient, recommendations for their
improvement.
(G) Report to congress.--
(i) In general.--Not later than September
30 each year, the Ombudsperson shall submit to
Congress a report on the accomplishments and
challenges of the Office of the Ombudsperson
during the fiscal year ending on that date.
(ii) Elements.--Each report required by
clause (i) shall include, for the applicable
fiscal year, the following:
(I) A summary of the status of
immigrant children in Federal
Government custody that highlights
broader trends and recommendations for
future action.
(II) Statistical information on
immigrant children in Federal
Government custody, together with an
analysis of such information.
(III) A summary of complaints
received and proposed resolutions.
(IV) A description of the
investigations into claims of abuse,
neglect, or mistreatment of immigrant
children in Federal Government custody,
including a summary of the results of
such investigations.
(V) Any attempt by the Secretary of
Homeland Security, the Secretary of
Health and Human Services, or any
entity to which the authority of the
Secretary of Homeland Security or the
Secretary of Health and Human Services
is delegated, to interfere with the
independence of the Office of the
Ombudsperson.
(VI) A description of the
objectives of the Office of the
Ombudsperson for the next fiscal year.
(H) Additional duties.--The Ombudsperson shall--
(i) conduct a review of data collection, as
described in section 103(a);
(ii) establish the Committee, as described
in section 104; and
(iii) enter into a memorandum of
understanding, as described in section 105(a).
(d) Access to Facilities.--The Secretary of Health and Human
Services and the Secretary of Homeland Security shall ensure--
(1) unobstructed access by the Ombudsperson to any
facility; and
(2) the ability of the Ombudsperson--
(A) to monitor any facility; and
(B) to meet confidentially with--
(i) staff of any facility;
(ii) employees, grantees, contractors of
the Office of Refugee Resettlement and the
Department of Homeland Security; and
(iii) any immigrant child in Federal
Government custody, after notification of the
immigrant child's counsel, as applicable.
(e) Access to Information.--The Secretary of Health and Human
Services shall ensure unobstructed access by the Ombudsperson to--
(1) the case files, records, reports, audits, documents,
papers, recommendations, or any other pertinent information
relating to the care and custody of an immigrant child; and
(2) the written policies and procedures of all Office of
Refugee Resettlement facilities.
(f) Requests for Information.--
(1) In general.--The Ombudsperson may request from the
Secretary of Health and Human Services or the Secretary of
Homeland Security, or any entity to which the authority of the
Secretary of Health and Human Services or the Secretary of
Homeland Security has been delegated, any information or
assistance required to carry out this title. Information and
assistance requested pursuant to this paragraph shall be
provided to the Ombudsperson in a timely manner.
(2) Unreasonable refusal.--If upon request for information
by the Ombudsperson, an entity or agency described in paragraph
(1) unreasonably refuses to provide, or otherwise does not
provide, as determined by the Ombudsperson, such information or
assistance requested by the Ombudsperson, the Ombudsperson
shall, without delay--
(A) in the case of an unreasonable refusal by the
Department of Health and Human Services, report to the
Secretary of Health and Human Services the
circumstances of such refusal;
(B) in the case of an unreasonable refusal by the
Department of Homeland Security, report to the
Secretary of Homeland Security the circumstances of
such refusal; or
(C) in the case of an unreasonable refusal by the
Secretary of Health and Human Services or the Secretary
of Homeland Security, report on the circumstances of
such refusal to--
(i) the Committee on the Judiciary and the
Committee on Homeland Security and Governmental
Affairs of the Senate; and
(ii) the Committee on the Judiciary and the
Committee on Homeland Security of the House of
Representatives.
SEC. 103. DATA COLLECTION.
(a) Independent Review by Ombudsperson.--
(1) In general.--The Ombudsperson shall regularly review
data collected by the Secretary of Health and Human Services
and the Secretary of Homeland Security relating to immigrant
children in facilities.
(2) Collaboration required.--The Secretary of Health and
Human Services and the Secretary of Homeland Security shall
provide the Ombudsperson unobstructed access to--
(A) real-time custody and detention data for each
immigrant child detained by the Government or held in
Government custody, including--
(i) the location and level of placement;
(ii) biographical information, including
full name, date of birth, country of
citizenship, and alien number;
(iii) all locations at which the immigrant
child has been detained or held in custody;
(iv) the dates and times the immigrant
child is booked in and booked out of any
facility;
(v) transfer and discharge information; and
(vi) whether the child--
(I) has an attorney of record; and
(II) has been appointed an
independent child advocate under
section 235(c)(6) of the William
Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008
(8 U.S.C. 1232(c)(6)); and
(B) Department of Homeland Security and Department
of Health and Human Services data personnel for the
purpose of reviewing data collection and integrity
issues.
(b) Office of Refugee Resettlement Data Collection System.--
(1) In general.--To support the data collection and
monitoring duties of the Ombudsperson and to facilitate public
monitoring, the Director shall develop a data collection system
that collects and maintains the following information:
(A) The total number of immigrant children held in
custody by the Secretary of Health and Human Services.
(B) The average and median number of days immigrant
children remain in such custody.
(C) The average and median number of days immigrant
children stay in an Office of Refugee Resettlement
facility.
(D) The number of immigrant children discharged to
sponsors, disaggregated by sponsor category, placement
level, specific Office of Refugee Resettlement
facility.
(E) The sponsor categories of immigrant children
held at each Office of Refugee Resettlement facility,
disaggregated by placement level.
(F) The number and percentage of immigrant children
held in an Office of Refugee Resettlement facility with
more than 25 immigrant children, disaggregated by
placement level.
(G) The percentage of filled capacity across all
Office of Refugee Resettlement facilities.
(H) The total number of children held at out-of-
network facilities, disaggregated by placement level.
(I) For each Office of Refugee Resettlement
facility--
(i) the percentage of filled capacity;
(ii) the maximum number of available beds;
(iii) the number and percentage of
immigrant children with disabilities,
disaggregated by placement level;
(iv) the number and percentage of immigrant
children receiving mandatory home studies,
discretionary home studies, and post-release
services, disaggregated by placement level; and
(v) the number and percentage of immigrant
children on a waitlist to receive post-release
services.
(2) Accessibility.--All information collected and
maintained by the data collection system required by paragraph
(1)--
(A) searchable; and
(B) disaggregated by country of citizenship, race,
gender, primary language, age, and, as applicable,
ethnicity.
(3) Publication.--Not later than the 15th of each month,
the Director shall make the data collected under paragraph (1)
for the preceding month available to the Ombudsperson.
(c) Prohibition on Certain Uses of Information.--Information
collected under this section may not be used for immigration
enforcement or law enforcement purposes.
(d) Privacy Protections.--Any record collected, stored, received,
or published under this section shall be--
(1) collected, stored, received, or published in a manner
that protects the privacy of any individual whose information
is included in such data;
(2) de-identified or anonymized in a manner that protects
the identity of any individual whose information is included in
such data; and
(3)(A) limited in use for the purpose of carrying out the
duties of the Office of the Ombudsperson; and
(B) protected from any other--
(i) internal use by any entity that collects,
stores, or receives the record; or
(ii) inappropriate use.
SEC. 104. EXPERT ADVISORY COMMITTEE.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Ombudsperson shall establish an expert
advisory committee to assist the Ombudsperson in--
(1) identifying relevant trends relating to immigrant
children in Government custody;
(2) conducting fact-finding missions and investigations of
facilities; and
(3) ensuring Government and private contractor compliance
with applicable law and standards for facilities.
(b) Membership.--The members of the Committee shall--
(1) be appointed by the Ombudsperson;
(2) represent various geographical regions; and
(3) be comprised of subject matter experts, including--
(A) legal advocates or specialists in the fields of
child and family welfare, immigration, and human
rights;
(B) pediatricians or other appropriate pediatric
health care experts;
(C) child or adolescent psychiatrists or
psychologists;
(D) social workers;
(E) data analysis experts; and
(F) any other relevant subject matter expert.
(c) Meetings.--The Committee shall meet not less frequently than
quarterly.
(d) Duties.--The Committee shall regularly--
(1) review facility compliance with applicable law and
standards relating to Government detention and custody of
immigrant children, including the Flores settlement agreement
and section 235 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232); and
(2) submit to the Ombudsperson recommendations for
improvement.
(e) Site Visits.--The Committee may designate 1 or more individuals
who shall have the authority--
(1) to carry out facility site visits; and
(2) interview immigrant children held in Government
custody, after notification of counsel, as applicable.
SEC. 105. COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY.
(a) Memorandum of Understanding.--
(1) In general.--On the date of the enactment of this Act,
the Secretary of Homeland Security and the Ombudsperson shall
enter into a memorandum of understanding to coordinate
oversight between the Department of Homeland Security and the
Department of Health and Human Services.
(2) Elements.--The memorandum of understanding required by
paragraph (1) shall do the following:
(A) Require the Secretary of Homeland Security to
provide information to the Ombudsperson with respect to
each immigrant child detained by U.S. Customs and
Border Protection or U.S. Immigration and Customs
Enforcement, or who is otherwise in the custody of the
Secretary of Homeland Security, including--
(i) the location of the immigrant child;
(ii) biographical information, including
full name, date of birth, country of
citizenship, race, and alien number;
(iii) all locations at which the immigrant
child has been so detained or held in
Department of Homeland Security custody;
(iv) exact times at which the immigrant
child was booked in and booked out of such
custody;
(v) the date on which the immigrant child
is released from such custody or transferred to
the custody of the Secretary of Health and
Human Services;
(vi) in the case of an immigrant child who
remains in Department of Homeland Security
custody for more than 72 hours, the reason for
such continued custody; and
(vii) any other information the
Ombudsperson considers relevant to the
oversight and monitoring duties described in
section 102(c)(3).
(B) Establish the right of the Ombudsperson and the
Committee to monitor Department of Homeland Security
facilities for compliance with applicable standards of
custody.
(C) Provide the Ombudsperson and the Committee full
and unobstructed access to--
(i) Department of Homeland Security
facilities for regular site visits; and
(ii) the written policies and procedures of
Department of Homeland Security facilities.
(3) Limitation.--The memorandum of understanding may only
allow the Ombudsperson to share information with the Secretary
of Homeland Security on a case-by-case basis, and with the
informed consent of the immigrant child concerned (unless the
Ombudsperson determines that the child lacks the capacity to
consent), if the Ombudsperson determines that the disclosure of
the information to the Secretary of Health and Human Services
will advance the best interests of the immigrant child,
including by facilitating the release of the immigrant child
from custody.
(4) Evaluation.--Not later than 2 years after the
Ombudsperson and the Secretary of Homeland Security enter into
the memorandum of understanding required by this subsection,
the Comptroller General of the United States shall evaluate the
coordination between the Ombudsperson and the Secretary to
determine whether such memorandum of understanding is
sufficient to ensure the oversight and monitoring required by
this title.
(5) Recommendations.--If the Comptroller General makes a
determination under paragraph (4) that the memorandum of
understanding is insufficient, the Comptroller General shall
recommend actionable steps to be implemented--
(A) to improve coordination between the
Ombudsperson and the Secretary of Homeland Security;
and
(B) to ensure effectiveness of the mandate of the
Ombudsperson.
(b) Interagency Working Group.--
(1) Establishment.--There is established an interagency
working group to identify and discuss concerns relating to
immigrant children in facilities.
(2) Membership.--The Working Group shall be composed of
representatives of--
(A) the Department of Justice;
(B) the Department of Health and Human Services,
including the Director or a senior representative of
the Office of Refugee Resettlement;
(C) U.S. Customs and Border Protection;
(D) U.S. Immigration and Customs Enforcement;
(E) relevant oversight offices, including--
(i) the Immigration Detention Ombudsman of
the Department of Homeland Security; and
(ii) the Inspectors General of the
Department of Justice, the Department of Health
and Human Services, U.S. Customs and Border
Protection, and U.S. Immigration and Customs
Enforcement; and
(F) any other relevant Federal agency or office.
(3) Meetings.--The Working Group shall--
(A) hold meetings not less frequently than
quarterly;
(B) invite representatives of nongovernmental
organizations that provide services to immigrant
children to participate in such meetings as the
Ombudsperson considers appropriate; and
(C) provide to the Ombudsperson a summary of each
such meeting.
SEC. 106. RULE OF CONSTRUCTION.
Nothing in the title shall be construed to preclude or limit Flores
settlement agreement class counsel from conducting independent
investigations or seeking enforcement actions relating to violations of
the Flores settlement agreement in any appropriate district court of
the United States.
TITLE II--PROTECTIONS FOR IMMIGRANT CHILDREN
Subtitle A--Unaccompanied Alien Children in Immigration Proceedings
SEC. 201. LEGAL REPRESENTATION IN REMOVAL PROCEEDINGS.
(a) In General.--Section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act (8 U.S.C. 1232) is amended--
(1) in subsection (a)(5)(D)(iii), by striking ``access to''
and inserting ``representation by''; and
(2) in subsection (c), by amending paragraph (5) to read as
follows:
``(5) Legal representation.--
``(A) Appointment or provision of counsel.--
``(i) In general.--As expeditiously as
possible after an unaccompanied alien child is
issued a notice to appear under section 239(a)
of the Immigration and Nationality Act (8
U.S.C. 1229(a)), the Secretary of Health and
Human Services shall appoint or provide counsel
to represent the child in removal proceedings
under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a), related
matters before the Department of Homeland
Security, and in any appeal proceeding before
the Attorney General from any such removal
proceeding. Counsel shall be provided under
this subparagraph at Government expense unless
a child has retained counsel authorized to
represent the child in such proceedings.
``(ii) Immigration file.--Each
unaccompanied alien child, and the counsel of
such a child, shall receive a complete copy of
the child's immigration file (other than
documents protected from disclosure under
section 552(b) of title 5, United States Code).
``(B) Role of the department of health and human
services.--The Secretary of Health and Human Services
shall--
``(i) to the maximum extent practicable,
make every effort to use the services of
competent counsel who agree to provide
representation to children described in
subparagraph (A)(i) without charge;
``(ii) in the case of an unaccompanied
alien child who retained counsel at his or her
own expense but whose counsel has ceased to
represent the child, ensure the continued
representation of the child through the
pendency of removal proceedings and any appeal
proceeding before the Attorney General from any
such removal proceeding by appointing or
providing new counsel as expeditiously as
possible;
``(iii) in consultation with the Attorney
General, develop model guidelines for
representing children in immigration
proceedings for the purposes of--
``(I) helping to protect children
from individuals suspected of
involvement in criminal, harmful, or
exploitative activities associated with
the smuggling or trafficking of
children; and
``(II) ensuring the fairness of
removal proceedings in which children
are involved; and
``(iv) as necessary and appropriate, enter
into contracts or award grants for the
provision of immigration-related legal services
to children.
``(C) Role of the department of justice.--The
Attorney General shall ensure that all immigration
courts before which unaccompanied alien children appear
contain specialized children's dockets. Such dockets
shall contain child-appropriate procedures that advance
due process in unaccompanied alien children's
proceedings. Immigration judges assigned to specialized
children's dockets shall have received specialized
training in such procedures. Such procedures shall
include processes for coordinating with legal services
organizations to facilitate legal representation of
unaccompanied alien children.''.
(b) Conforming Amendments.--
(1) Section 462(b)(1)(A) of Homeland Security Act of 2002
(6 U.S.C. 279(b)(1)(A)) is amended by striking ``, consistent
with the law regarding appointment of counsel that is in effect
on the date of the enactment of this Act''.
(2) Section 292 of the Immigration and Nationality Act (8
U.S.C. 1362) is amended by inserting ``, except as provided in
section 235(c)(5) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act (8 U.S.C. 1232(c)(5))''
after ``at no expense to the Government''.
SEC. 202. MOTIONS TO REOPEN.
Section 240(c)(7)(C) of the Immigration and Nationality Act (8
U.S.C. 1229a(c)(7)(C)) is amended by adding at the end the following:
``(v) Special rule for unaccompanied alien
children entitled to appointment of counsel.--
If the Secretary of Health and Human Services
fails to appoint or provide counsel for an
unaccompanied alien child (as defined in
462(g)(2) of Homeland Security Act of 2002 (6
U.S.C. 279(g)(2)))--
``(I) the limitations under this
paragraph with respect to the filing of
a motion to reopen by such child shall
not apply; and
``(II) the filing of such a motion
shall stay the removal of the child.''.
Subtitle B--Access to Services
SEC. 211. CLARIFICATION OF UNACCOMPANIED CHILD DETERMINATION
PROCEDURES.
(a) Eligibility for Services Regardless of Custodial Status.--
Section 235(c)(1) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act (8 U.S.C. 1232(c)(1)) is amended by
adding at the end the following: ``Such policies and programs shall be
available to unaccompanied alien children regardless of whether they
are or have ever been in Federal custody.''.
(b) Screenings of Children From Contiguous Countries Conducted by
Asylum Officers.--Section 235(a) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act (8 U.S.C. 1232(a)) is amended--
(1) in paragraph (2)(A), by striking ``the Secretary of
Homeland Security'' and inserting ``an asylum officer (as
defined in section 235(b)(1)(E) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)(1)(E)))''; and
(2) in paragraph (4) by inserting ``by an asylum officer''
after ``the child shall be screened''.
(c) Analysis of Efficacy of Current Law.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, and every 2 years thereafter, the
Secretary of Homeland Security, in consultation with the
Secretary of Health and Human Services, the head of any other
Federal agency the Secretary of Homeland Security considers
appropriate, and child welfare advocates, shall complete an
analysis of the efficacy of the law, including regulations,
relating to unaccompanied alien children from contiguous
countries (in effect as of the date on which the analysis is
completed), including the efficacy of such laws in providing
access to protection for victims of trafficking and children
fleeing persecution.
(2) Report.--Not later than 60 days after the date on which
each analysis required by paragraph (1) is completed, the
Secretary of Homeland Security shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report on the
results of the analysis.
(3) Public availability.--Not later than 180 days after the
date on which each report is submitted under paragraph (2), the
Secretary of Homeland Security shall make the report available
to the public on an internet website of the Department of
Homeland Security.
SEC. 212. IMPROVING ACCESS TO POST-RELEASE SERVICES.
Section 235(c)(3)(B) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act (8 U.S.C. 1232(c)(3)(B)) is amended--
(1) by adding at the end the following: ``Follow-up
services under this clause shall commence not later than the
date that is 30 days after the date on which the child
concerned is released from the custody of the Secretary of
Health and Human Services.'';
(2) in the first sentence, by striking ``Before'' and
inserting the following:
``(i) In general.--Before''; and
(3) by adding at the end the following:
``(ii) Access to post-release services.--
``(I) Home visits.--Not later than
90 days after the date on which a child
is released from the custody of the
Secretary of Health and Human Services,
the Secretary shall ensure that the
child receives an in-person home visit
to determine the well-being of the
child and to assess the suitability and
safety of the home in which the child
was placed if--
``(aa) except as described
in item (bb), a sponsor has
agreed to receive such
services; or
``(bb) the child, based on
all available objective
evidence--
``(AA) has been or
is at risk of becoming
a victim of a severe
form of trafficking in
persons;
``(BB) is a special
needs child with a
disability (as defined
in section 3 of the
Americans with
Disabilities Act of
1990 (42 U.S.C.
12102));
``(CC) has been or
is at risk of becoming
a victim of physical or
sexual abuse under
circumstances that
indicate that the
child's health or
welfare has been or
would be significantly
harmed or threatened;
or
``(DD) is a child
whose sponsor clearly
presents a risk of
abuse, maltreatment,
exploitation, neglect,
or labor exploitation
to the child.
``(II) Additional follow-up
services.--The Secretary of Health and
Human Services shall ensure that a
child receives additional follow-up
services if, in the course of the home
visit under subclause (I), it is
determined for the first time that the
child, based on all available objective
evidence--
``(aa) has been or is at
risk of becoming a victim of a
severe form of trafficking in
persons;
``(bb) is a special needs
child with a disability (as
defined in section 3 of the
Americans with Disabilities Act
of 1990 (42 U.S.C. 12102));
``(cc) has been or is at
risk of becoming a victim of
physical or sexual abuse under
circumstances that indicate
that the child's health or
welfare has been or would be
significantly harmed or
threatened; or
``(dd) is a child whose
sponsor clearly presents a risk
of abuse, maltreatment,
exploitation, neglect, or labor
exploitation to the child.''.
SEC. 213. STATE-LEVEL COORDINATORS FOR UNACCOMPANIED CHILDREN'S
SERVICES.
Section 235(c) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act (8 U.S.C. 1232(c)) is amended by adding
at the end the following:
``(7) Assistance to state and local entities for
unaccompanied children's services.--
``(A) Assistance to states.--The Secretary of
Health and Human Services may provide funding to each
State to appoint a State-level coordinator to fulfill
the responsibilities described in subparagraph (C).
``(B) Nongovernmental coordinator.--If a State does
not appoint a coordinator under subparagraph (A), the
Secretary of Health and Human Services may appoint a
nongovernmental coordinator to fulfill the
responsibilities described in subparagraph (C).
``(C) Responsibilities.--The responsibilities
described in this subparagraph shall include the
following:
``(i) To raise the awareness of
governmental and nongovernmental entities with
respect to the vulnerabilities of unaccompanied
alien children, including Federal oversight
mechanisms, such as the Office of the
Ombudsperson for Immigrant Children in Federal
Custody established under section 102 of the
Protecting Unaccompanied Children Act.
``(ii) To coordinate the efforts of such
entities so as to meet the educational, medical
and mental health care, child welfare, and
social services needs of unaccompanied alien
children.
``(iii) To work with service providers
engaged in the care and custody of
unaccompanied alien children to identify
community services, and to increase access to
such services, for unaccompanied alien
children.
``(iv) To ensure that schools, recreational
facilities, community centers, and similar
institutions have information regarding--
``(I) the risks of human
trafficking and labor exploitation for
vulnerable children; and
``(II) child labor laws, local
minimum wage requirements, and
mechanisms for reporting violations of
such laws and requirements.
``(v) To ensure that information provided
under clause (iv)--
``(I) is written in plain, child-
accessible language (including in
appropriate languages other than
English); and
``(II) makes clear that such laws
and requirements apply to all children
and workers regardless of immigration
status.
``(vi) To ensure that language is not a
barrier to obtaining the services described in
this paragraph.''.
SEC. 214. ASSISTANCE FOR CHILDREN AND FAMILIES SEPARATED UNDER ZERO
TOLERANCE.
(a) In General.--Notwithstanding any other provision of law, an
individual shall be eligible for the benefits described in subsection
(b), if the individual--
(1) has completed security and law enforcement background
checks to the satisfaction of the Secretary of Homeland
Security; and
(2)(A) has been paroled into the United States under
section 212(d)(5) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(5)) pursuant to the implementation of Executive
Order 14011, and has not had such parole terminated; or
(B) is eligible, based on a determination by the Secretary
of Health and Human Services through reference to the
identified members of the classes, and their minor children, in
the class-action lawsuits J.P. v. Barr (C.D. Cal. 2020) and Ms.
L. v. U.S. Immigration and Customs Enforcement, 330 F.R.D. 284
(2019), for any assistance, program, benefit, or services
described in subsection (b).
(b) Benefits.--Notwithstanding any other provision of law, an
individual described in subsection (a) shall be eligible for--
(1) resettlement assistance, entitlement programs, and
other benefits available to refugees admitted under section 207
of the Immigration and Nationality Act (8 U.S.C. 1157) to the
same extent, and for the same periods of time, as such
refugees;
(2) services described under section 412(d)(2) of the
Immigration and Nationality Act (8 U.S.C. 1522(d)(2)), subject
to subparagraph (B) of such section, if such individual is an
unaccompanied alien child (as defined in section 462(g) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g))); and
(3) a driver's license or identification card under section
202 of the REAL ID Act of 2005 (division B of Public Law 109-
13; 49 U.S.C. 30301 note), notwithstanding subsection (c)(2)(B)
of such section.
Subtitle C--Facilities Housing Unaccompanied Alien Children
SEC. 221. TECHNICAL ASSISTANCE FOR COMMUNITY-BASED CARE PROVIDERS.
(a) In General.--Section 235(c)(2) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act (8 U.S.C.
1232(c)(2)) is amended--
(1) in subparagraph (A)--
(A) in the first sentence, by striking ``Subject
to'' and inserting the following:
``(i) In general.--Subject to''; and
(B) by adding at the end the following:
``(ii) Presumption of least restrictive
setting.--The least restrictive setting that is
in the best interest of the child is presumed
to be a placement that most approximates a
family and in which the child's special needs,
if any, may be met. Children placed under this
subsection shall be placed in the following
order of preference:
``(I) Family-based foster care.
``(II) Group home foster care.
``(III) A shelter with capacity for
25 or fewer children.
``(iii) Technical assistance.--The
Secretary of Health and Human Services shall
provide technical assistance to
nongovernmental, nonprofit organizations that
are eligible for grants and contracts awarded
by the Department of Health and Human Services
to ensure that children are placed in small
scale, community-based settings.''.
(b) Annual Report.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Health and Human Services shall submit to Congress
a report on the number of unaccompanied alien children who,
during the preceding fiscal year, resided in a facility with a
capacity for 25 or fewer children.
(2) Description of barriers to obtaining hhs contracts and
grants.--Each report required by paragraph (1) shall describe
in detail the barriers for small-scale community-based
providers to undergoing the Department of Health and Human
Services contracting and granting processes, including staffing
limitations, availability, outreach, recruitment of potential
providers, other identified barriers to making the transition
to small-scale community-based facilities, and recommendations
to address such barriers.
(3) Consultation.--In developing each report required by
paragraph (1), the Secretary for Health and Human Services
shall consult with staff of current small-scale or community-
based facilities housing children and other organizations with
expertise in child development, child welfare, and serving
children with disabilities.
(c) Plan To Transition Care to Foster Care or Small-Scale
Settings.--
(1) In general.--The Secretary of Health and Human Services
shall develop a plan to transition all unaccompanied alien
children in the custody of the Secretary to--
(A) foster care placements; or
(B) shelters with capacity for 25 or fewer
children.
(2) Submission to congress.--Not later than 1 year after
the date of the enactment of this Act, the Secretary of Health
and Human Services shall submit to Congress the plan developed
under paragraph (1).
SEC. 222. STANDARDS AND COMPLIANCE.
Section 235(c)(2) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act (8 U.S.C. 1232), as amended by section
221, is further amended--
(1) in subparagraph (A), by adding at the end the
following:
``(iv) Background checks for covered
individuals.--
``(I) In general.--Subject to
subclause (II), the Secretary of Health
and Human Services shall ensure that,
not less frequently than every 5 years,
each covered individual completes a
background check to the satisfaction of
the Secretary.
``(II) Waiver for direct services
providers.--The Secretary of Health and
Human Services may waive the
application of subclause (I) in the
case of an attorney of record or
licensed medical practitioner who
provides on-site services at a facility
that houses unaccompanied alien
children.
``(III) Scope.--The scope of a
background check required by this
clause shall include, at a minimum, the
following:
``(aa) A fingerprint check
by the Federal Bureau of
Investigation and State
criminal history repositories.
``(bb) A child protective
services check with the
individual's State of United
States residence for the last 5
years.
``(cc) Background
investigation updates at a
minimum of every 5 years.
``(IV) Covered individual
defined.--In this clause, the term
`covered individual' means--
``(aa) an employee or
contractor with direct access
to unaccompanied alien children
in the care and custody of the
Secretary of Health and Human
Services;
``(bb) an individual with
unsupervised, direct access to
such children; and
``(cc) a foster parent with
whom an unaccompanied alien
child is placed, including a
transitional or long-term
foster parent, and each foster
parent household member who is
aged 18 years or over.
``(V) Rule of construction.--
Nothing in this clause may be construed
to supersede applicable State licensing
requirements for background checks on
employees of programs or facilities
involved in the care and custody of
children.''; and
(2) in subparagraph (B), in the first sentence, by striking
``subparagraph (A)'' and inserting ``subparagraph (A)(i)''.
Subtitle D--Child Welfare at the Border and Prevention of Family
Separation
SEC. 231. CHILD WELFARE TRAINING AT THE BORDER.
(a) Definitions.--In this section:
(1) Cooperating entity.--The term ``cooperating entity''
means a State or local entity acting pursuant to an agreement
with the Secretary of Homeland Security.
(2) Expert in child development.--The term ``expert in
child development'' means an individual who has significant
education and expertise on infant, child, and adolescent
development, and on the effects of trauma on children.
(3) Expert in child welfare.--The term ``expert in child
welfare'' means an individual who has--
(A) knowledge of Federal and State child welfare
laws and standards; and
(B) not less than 5 years of experience in the
field of child and adolescent development or child
welfare.
(4) Expert in pediatric medicine.--The term ``expert in
pediatric medicine'' means--
(A) an individual who is board-certified in
pediatric medicine in one or more States; and
(B) an individual with an advanced degree in
pediatric medicine on the faculty of an institution of
higher education in the United States.
(b) Guidelines.--The Secretary of Homeland Security, in
consultation with the Secretary of Health and Human Services, experts
in child development, experts in child welfare, and experts in
pediatric medicine, shall develop guidelines for the treatment of
children in the custody of the Commissioner of U.S. Customs and Border
Protection.
(c) Mandatory Training.--The Secretary of Homeland Security, in
consultation with the Secretary of Health and Human Services, shall--
(1) require all U.S. Customs and Border Protection
personnel, and cooperating entity personnel, who have contact
with a child at a port of entry or Border Patrol station to
undergo appropriate training, which shall include live
training, on--
(A) the applicable legal authorities, policies,
practices, and procedures relating to children; and
(B) child-friendly interviewing techniques, child
development, trauma, and the manner in which trauma
affects the health and behavior of children; and
(2) require U.S. Customs and Border Protection personnel,
not less frequently than annually, to undertake continuing
training on--
(A) identifying and responding to common signs and
symptoms of medical distress in children;
(B) best practices with respect to the guidelines
developed under subsection (b); and
(C) changes in the legal authorities, policies, and
procedures described in paragraph (1)(A).
SEC. 232. PREVENTING FAMILY SEPARATION OF UNACCOMPANIED CHILDREN.
Section 235(b) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act (8 U.S.C. 1232(b)) is amended by adding
at the end the following:
``(5) Preventing separation from non-parent relatives.--
``(A) In general.--In the case of an unaccompanied
alien child determined to have entered the United
States or have been apprehended with a relative who is
neither a parent nor guardian, the Secretary of Health
and Human Services, in consultation with the Secretary
of Homeland Security or other appropriate agencies of
the government, shall evaluate whether that
unaccompanied alien child can be safely released from
Federal custody to that relative as a sponsor
consistent with the process described in paragraph (3)
of this section.
``(B) Release to relative.--If the Secretary of
Health and Human Services makes such a determination,
the Secretary of Homeland Security shall release the
unaccompanied alien child to that relative unless the
circumstances in subparagraph (C) apply.
``(C) Consideration of relative as sponsor.--If an
unaccompanied alien child is transferred to the custody
of the Secretary of Health and Human Services, the non-
parent relative described in subparagraph (A) may
continue to be evaluated as a potential sponsor to whom
the child may be released from Federal custody as
described in subsection (c)(3) of this section, as
necessary to ensure child well-being and safety.
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to change the definition
of a parent or legal guardian for the purpose of making
a determination of whether a child is an unaccompanied
alien child pursuant to 462(g)(C) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g)(C)).
``(E) Facilities requirements.--The Secretary of
Homeland Security, in consultation with the Secretary
of Health and Human Services, shall ensure that child-
appropriate spaces are available to complete the
evaluations described in this paragraph. Such space
shall accommodate staff of the Department of Health and
Human Services, as appropriate.
``(F) Recordkeeping.--With respect to each alien
over the age of 18 years who has entered the United
States with an unaccompanied alien child, the Secretary
of Homeland Security shall--
``(i) maintain an electronic record that
includes the familial relationship between the
adult and child; and
``(ii) share such record with the Secretary
of Health and Human Services as necessary to
facilitate the identification of an appropriate
sponsor for the child.''.
TITLE III--ENSURING SAFE RELEASE TO SPONSORS
SEC. 301. ENSURING SAFE RELEASE TO SPONSORS WHO ARE NOT PARENTS OR
LEGAL GUARDIANS.
Section 235(c)(3)(A) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act (8 U.S.C. 1232(c)(3)(A)) is amended--
(1) by inserting ``or sponsor'' after ``makes a
determination that the proposed custodian'';
(2) by inserting ``, address,'' after ``custodian's
identity''; and
(3) by striking the period and inserting the following: ``,
in accordance with uniform procedures established by the
Secretary of Health and Human Services. If a proposed sponsor
is not the parent or legal guardian of a child, such procedures
shall include criminal background and public records checks for
any proposed sponsor or adult member of the proposed sponsor's
household. The Secretary of Health and Human Services shall
ensure that information obtained about a sponsor or a household
member of a sponsor through such checks is not shared with the
Department of Homeland Security or any other Federal agency for
the purpose of immigration enforcement.''.
SEC. 302. EXPANSION AND EVALUATION OF HOME STUDIES.
(a) Section 235(c)(3)(B) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act (8 U.S.C. 1232(c)(3)(B)), as
amended by section 212, is further amended--
(1) in clause (i), by inserting ``or custodian clearly''
after ``whose proposed sponsor'';
(2) by adding at the end the following: ``A home study
shall also be conducted for a child whose proposed sponsor is a
distant relative or unrelated to the child in which
verification of relationship cannot be clearly demonstrated.'';
(3) by redesignating clause (ii) as clause (iv); and
(4) by inserting after clause (i) the following:
``(ii) Guidelines.--The Secretary of Health
and Human Services shall establish guidelines
for the conduct of home studies under clause
(i) that include--
``(I) a deadline for completion of
a home study that is not sooner than 15
calendar days after the date on which
the home study is requested;
``(II) objective, publicly
available criteria for releasing a
child following a negative home study
recommendation; and
``(III) requirements for
individuals who conduct home studies,
including at a minimum professional or
educational knowledge related to child
and adult development, cultural
competence, trauma, parenting and
family dynamics, and screening and
identifying indicators of human
trafficking.
``(iii) Report.--
``(I) In general.--Not later than 2
years after the date of the enactment
of the Protecting Unaccompanied
Children Act, and every 2 years
thereafter, the Secretary of Health and
Human Services shall report on the
effectiveness of home studies conducted
under clause (i).
``(II) Elements.--Each report
required by subclause (I) shall include
the following:
``(aa) An assessment of the
effectiveness of such home
studies in identifying safety
concerns.
``(bb) For the preceding 2-
year period--
``(AA) the number
of home studies
conducted and a
description of the
outcomes of such home
studies, including
whether or not each
home study resulted in
a positive or negative
recommendation of the
sponsor concerned;
``(BB) the number
and type of safety
concerns identified
through such home
studies; and
``(CC) the number
of sponsors to whom a
child was not released
due to safety concerns
identified through a
home study.''.
SEC. 303. REQUIREMENTS FOR CHILD AND SPONSOR CASE MANAGEMENT SYSTEM.
(a) In General.--Section 235(c)(3) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act (8 U.S.C.
1232(c)(3)) is amended by adding at the end the following:
``(D) Case management system.--
``(i) In general.--The Secretary of Health
and Human Services shall maintain a searchable
electronic case management system to track the
placement of unaccompanied alien children that
includes the following information:
``(I) The name and address of each
proposed sponsor, including the number
of unaccompanied alien children placed
with each sponsor and names of
household members of a proposed
sponsor.
``(II) Reported safety concerns,
including reports of trafficking or
exploitation, identified for sponsors
of unaccompanied alien children, or
identified for adult members of
household at a specific address.
``(III) Vulnerabilities of
unaccompanied alien children while in
the care and custody of the Secretary
of Health and Human Services, including
whether the child is a priority for
post-release services.
``(IV) Reports of trafficking or
exploitation made by unaccompanied
alien children, including reported
information about geographic area (such
as a neighborhood) where such
trafficking occurred and where
employers implicated in such reports
are located.
``(ii) Case management system
requirements.--
``(I) Potential duplicate
records.--In the event that the case
management system detects a potential
duplicate record, employees of the
Department of Health and Human Services
and grantees or contractors acting on
behalf of the Department, shall verify
the records and, if necessary,
consolidate duplicate records.
``(II) Exclusion of information on
immigration status.--The case
management system shall not include
information with respect to the
immigration status of any sponsor or
adult member of a sponsor's household.
``(III) Nondisclosure for
enforcement purposes.--The information
contained in the case management system
shall not be disclosed to the Secretary
of Homeland Security for the purpose of
immigration enforcement.
``(iii) Privacy protections.--Any record
collected, stored, received, or published under
this subparagraph shall be--
``(I) collected, stored, received,
or published in a manner that protects
the privacy of any individual whose
information is included in such data;
``(II) de-identified or anonymized
in a manner that protects the identity
of any individual whose information is
included in such data; and
``(III)(aa) limited in use for the
purpose of carrying out the duties of
the Office of the Ombudsperson; and
``(bb) protected from any other--
``(AA) internal use by any
entity that collects, stores,
or receives the record; or
``(BB) inappropriate
use.''.
TITLE IV--PROTECTIONS AND ACCESS TO CERTAIN SERVICES FOR SPECIAL
IMMIGRANT JUVENILES AND OTHER VULNERABLE IMMIGRANTS
SEC. 401. ELIMINATING ANNUAL EMPLOYMENT-BASED VISA CAPS FOR SPECIAL
IMMIGRANT JUVENILES.
(a) Aliens Not Subject To Direct Numerical Limitations.--Section
201(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)(A)) is amended by striking ``subparagraph (A) or (B)'' and
inserting ``subparagraph (A), (B), or (J)''.
(b) Preference Allocation for Employment-Based Immigrants.--Section
203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(4))
is amended by striking ``subparagraph (A) or (B)'' and inserting
``subparagraph (A), (B), or (J)''.
SEC. 402. ELIMINATION OF ANNUAL NUMERICAL LIMITATION ON U VISAS.
Section 214(p) of the Immigration and Nationality Act (8 U.S.C.
1184(p)) is amended by striking paragraph (2).
SEC. 403. ACCESS TO MEDICAID FOR CERTAIN CHILDREN GRANTED STATUS.
(a) Eligibility.--Section 402(b)(2)(A)(i) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1612(b)(2)(A)(i)) is amended --
(1) in subclause (IV), by striking ``or'' at the end;
(2) in subclause (V), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(VI) an alien is granted special
immigrant status under section
101(a)(27)(J) of the Immigration and
Nationality Act (8 U.S.C.
1101(a)(27)(J));
``(VII) an alien under the age of
21 is granted status under section
101(a)(15)(U) of the Immigration and
Nationality Act (8 U.S.C.
1101(a)(15(U)); or
``(VIII) an alien is eligible for
deferred action pursuant to the June
15, 2012, Department of Homeland
Security Memorandum entitled
`Exercising Prosecutorial Discretion
with Respect to Individuals Who Came to
the United States as Children', or any
successor policy.''.
(b) Modification to Duration of Attribution.--Section 421(b) of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1631(b)) is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(3) is granted special immigrant status under section
101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(J));
``(4) in the case of an alien under the age of 21, is
granted status under section 101(a)(15)(U) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15(U)); or
``(5) is eligible for deferred action pursuant to the June
15, 2012, Department of Homeland Security Memorandum entitled
`Exercising Prosecutorial Discretion with Respect to
Individuals Who Came to the United States as Children', or any
successor policy.''.
TITLE V--STOPPING CHILD LABOR TRAFFICKING
SEC. 501. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT VIOLATIONS OR CRIME.
(a) Protection for Victims of Labor and Employment Violations.--
Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)) is amended--
(1) in clause (i)--
(A) by striking subclause (I) and inserting the
following:
``(I) the alien--
``(aa) has suffered
substantial physical,
emotional, or mental abuse or
harm as a result of having been
a victim of criminal activity
described in clause (iii);
``(bb) has suffered
substantial physical,
emotional, or mental abuse or
harm related to a violation
described in clause (iv);
``(cc) is a victim of
criminal activity described in
clause (iii) and would suffer
extreme hardship upon removal;
or
``(dd) has suffered a
violation described in clause
(iv) and would suffer extreme
hardship upon removal;'';
(B) in subclause (II), by inserting ``, or a labor
or employment violation resulting in a workplace claim
described in clause (iv)'' before the semicolon at the
end;
(C) in subclause (III)--
(i) by striking ``or State judge, to the
Service'' and inserting ``, State, or local
judge, to the Department of Homeland Security,
to the Equal Employment Opportunity Commission,
to the Department of Labor (including the
Occupational Safety and Health Administration),
to the National Labor Relations Board, to the
head official of a State or local government
department of labor, workforce commission, or
human relations commission or council'';
(ii) by striking ``investigating or
prosecuting'' and inserting ``investigating,
prosecuting, or seeking civil remedies for'';
and
(iii) by inserting ``, or investigating,
prosecuting, or seeking civil remedies for a
labor or employment violation related to a
workplace claim described in clause (iv)''
before the semicolon; and
(D) in subclause (IV)--
(i) by inserting ``(aa)'' after ``(IV)'';
(ii) by inserting ``or'' after the
semicolon at the end; and
(iii) by adding at the end the following:
``(bb) a workplace claim described
in clause (iv) resulting from a labor
or employment violation;'';
(2) in clause (ii)(II), by striking ``and'' at the end;
(3) in clause (iii), by striking ``or'' at the end and
inserting ``and''; and
(4) by adding at the end the following:
``(iv) in the labor or employment violation
related to a workplace claim, the alien has
filed, is a material witness in, or is likely
to be helpful in the investigation of, a bona
fide workplace claim (as defined in section
274A(e)(10)(B)(iii)(II)); or''.
(b) Temporary Protection for Injured Workers and Victims of Crime,
Labor, and Employment Violations.--Notwithstanding any other provision
of law, the Secretary of Homeland Security may permit an alien to
temporarily remain in the United States, shall not remove the alien
from the United States during the permitted period, and shall provide
the alien with the alien employment authorization, if the Secretary
determines that the alien--
(1) has filed for relief under section 101(a)(15)(U) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) or
section 101(a)(15)(T) of such Act (8 U.S.C. 1101(a)(15)(T));
(2)(A) has filed, or is a material witness to, a bona fide
workplace claim (as defined in paragraph (10) of section
274A(e) of such Act, as added by section 502(b) of this Act) or
has filed, or is a material witness to, a civil claim arising
from criminal activity (as defined in paragraph (10) of section
274A(e) of such Act, as added by section 502(b) of this Act);
and
(B) has been helpful, is being helpful, or is likely to be
helpful to--
(i) a Federal, State, or local law enforcement
official;
(ii) a Federal, State, or local prosecutor;
(iii) a Federal, State, or local judge;
(iv) the Department of Homeland Security;
(v) the Equal Employment Opportunity Commission;
(vi) the Department of Labor, including the
Occupational Safety and Health Administration;
(vii) the National Labor Relations Board;
(viii) the head official of a State or local
government department of labor, workforce commission,
or human relations commission or council; or
(ix) other Federal, State, or local authorities; or
(3) has filed a workers' compensation claim or is
undergoing treatment for a workplace injury or illness.
(c) Requirements Applicable to U Visas.--Section 214(p) of the
Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended--
(1) in paragraph (1), by inserting ``or investigating,
prosecuting, or seeking civil remedies for workplace claims
described in section 101(a)(15)(U)(iv)'' after ``section
101(a)(15)(U)(iii)'' each place such term appears; and
(2) in paragraph (6)--
(A) by inserting ``or workplace claims described in
section 101(a)(15)(U)(iv)'' after ``described in
section 101(a)(15)(U)(iii)''; and
(B) by inserting ``or workplace claim'' after
``prosecution of such criminal activity''.
(d) Adjustment of Status for Victims of Crimes.--Section 245(m)(1)
of the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is
amended, in the matter preceding subparagraph (A), by inserting ``or an
investigation or prosecution regarding a workplace claim'' after
``prosecution''.
(e) Adjustment of Status and Fees.--Section 245(l)(7) of the
Immigration and Nationality Act (8 U.S.C. 1255(l)(7)) is amended by
striking ``permit aliens to apply for a waiver of'' and inserting ``not
require the payment of''.
(f) Change of Nonimmigrant Classification.--Section 384(a)(1) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1367(a)(1)) is amended--
(1) in subparagraph (E), by striking ``physical or mental
abuse and the criminal activity'' and inserting ``abuse and the
criminal activity or workplace claim'';
(2) in subparagraph (F)--
(A) by striking ``(8 U.S.C. 1101(a)(51))'' and
inserting ``(8 U.S.C. 1101(a)(51)))''; and
(B) by adding ``or'' at the end; and
(3) by inserting after subparagraph (F) the following:
``(G) the alien's employer,''.
(g) Confidentiality of Information.--Section 384(b)(2) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1367(b)(2)) is amended by adding at the end the following:
``However, neither the Secretary of Homeland Security nor the Attorney
General may use the information furnished pursuant to any application
under section 101(a)(15)(T), 101(a)(15)(U), 101(a)(27), 101(a)(51),
106, 240A(b)(2), or 244(a) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(T), 1101(a)(15)(U), 1101(a)(27), 1101(a)(51), 1105a,
1229b(b)(2), or 1254a(a)) or section 107(b)(1)(E)(i)(II)(bb) of the
Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C.
7105(b)(1)(E)(i)(II)(bb)), for purposes of initiating or carrying out a
removal proceeding.''.
SEC. 502. LABOR ENFORCEMENT ACTIONS.
(a) Removal Proceedings.--Section 239(e) of the Immigration and
Nationality Act (8 U.S.C. 1229(e)) is amended--
(1) in paragraph (1)--
(A) by striking ``In cases where'' and inserting
``If''; and
(B) by inserting ``or as a result of information
provided to the Department of Homeland Security in
retaliation against individuals for exercising or
attempting to exercise their employment rights or other
legal rights'' after ``paragraph (2)''; and
(2) in paragraph (2), by adding at the end the following:
``(C) At a facility about which a workplace claim
has been filed or is contemporaneously filed.''.
(b) Unlawful Employment of Aliens.--Section 274A(e) of the
Immigration and Nationality Act (8 U.S.C. 1324a(e)) is amended by
adding at the end the following:
``(10) Conduct in enforcement actions.--
``(A) Enforcement action.--If the Secretary of
Homeland Security undertakes an enforcement action at a
facility about which a workplace claim has been filed
or is contemporaneously filed, or as a result of
information provided to the Department of Homeland
Security in retaliation against employees for
exercising their rights related to a workplace claim,
the Secretary shall ensure that--
``(i) any aliens arrested or detained who
are victims of or material witnesses to
workplace claim violations or criminal activity
(as described in subparagraph (T) or (U) of
section 101(a)(15)) are not removed from the
United States until after the Secretary--
``(I) notifies the appropriate
agency with jurisdiction over such
violations or criminal activity; and
``(II) provides such agency with
the opportunity to interview such
aliens; and
``(ii) no aliens entitled to a stay of
removal or abeyance of removal proceedings
under this section are removed.
``(B) Protections for victims of crime, labor, and
employment violations.--
``(i) Stay of removal or abeyance of
removal proceedings.--An alien against whom
removal proceedings have been initiated under
chapter 4 of title II, who has filed a
workplace claim, who is a material witness in
any pending or anticipated proceeding involving
a bona fide workplace claim or civil claim
arising from criminal activity, or who has
filed for relief under section 101(a)(15)(U),
shall be entitled to a stay of removal or an
abeyance of removal proceedings and to
employment authorization until the resolution
of the workplace claim or the denial of relief
under section 101(a)(15)(U) after exhaustion of
administrative or judicial appeals, whichever
is later.
``(ii) Duration.--Any stay of removal or
abeyance of removal proceedings and employment
authorization issued pursuant to clause (i)
shall remain valid until the resolution of the
workplace claim or the denial of relief under
section 101(a)(15)(U) after the exhaustion of
administrative or judicial appeals, and shall
be extended by the Secretary of Homeland
Security for a period of not longer than 10
additional years upon determining that--
``(I) such relief would enable the
alien asserting a workplace claim or
civil claim arising from criminal
activity, or assisting in investigation
or prosecution of criminal activity, to
pursue the matter to resolution,
according to any agency administering
any statute underlying these claims or
any other credible evidence;
``(II) the deterrent goals of any
statute underlying a workplace claim,
criminal activity, or civil claim
arising from criminal activity would be
served, according to any agency
administering such a statute or any
other credible evidence; or
``(III) such extension would
otherwise further the interests of
justice.
``(iii) Definitions.--In this paragraph:
``(I) Civil claim arising from
criminal activity.--The term `civil
claim arising from criminal activity'
means any written or oral claim,
charge, complaint, or grievance filed
with, communicated to, or submitted to
a Federal, State, or local agency or
court related to the violation of
applicable Federal, State, and local
laws arising from criminal activity
described in section
101(a)(15)(U)(iii).
``(II) Material witness.--
Notwithstanding any other provision of
law, the term `material witness' means
an individual who presents a
declaration from an attorney
investigating, prosecuting, or
defending the claim or from the
presiding officer overseeing the claim
attesting that, to the best of the
declarant's knowledge and belief,
reasonable cause exists to believe that
the testimony of the individual will be
relevant to the outcome of the
workplace claim.
``(III) Workplace claim.--The term
`workplace claim' means any written or
oral claim, charge, complaint, or
grievance filed with, communicated to,
or submitted to the employer, a
Federal, State, or local agency or
court, or an employee representative
related to the workplace injury or
illness or to the violation of
applicable Federal, State, and local
labor laws, including laws concerning
wages and hours, labor relations,
family and medical leave, occupational
health and safety, civil rights, or
nondiscrimination.''.
(c) Continued Application of Workforce and Labor Protection
Remedies.--Section 274A(e) of the Immigration and Nationality Act (8
U.S.C. 1324a(e)), as amended by subsection (b), is further amended by
adding at the end the following:
``(11) Rights, remedies, and relief.--Notwithstanding an
employee's status as an unauthorized noncitizen during the time
of relevant employment or during the back pay period or the
failure of the employer or employee to comply with the
requirements under this section or with any other provision of
Federal law relating to the unlawful employment of
noncitizens--
``(A) all rights, remedies, and relief provided
under any Federal, State, or local law relating to
workplace rights, including reinstatement and back pay,
are available to such employee; and
``(B) a court may not prohibit such an employee
from pursuing other causes of action giving rise to
liability in a civil action.''.
TITLE VI--GENERAL PROVISIONS
SEC. 601. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act and the amendments made by this Act.
SEC. 602. SUPPLEMENTAL APPROPRIATION.
In any month in which the number of unaccompanied children referred
to the Department of Health and Human Services pursuant to section 462
of the Homeland Security Act of 2002 (6 U.S.C. 279) and section 235 of
the William Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232) exceeds 10,000, as determined by the
Secretary of Health and Human Services, an additional $30,000,000, to
remain available until expended, shall be made available for obligation
for every 500 unaccompanied children above that level (including a pro
rata amount for any increment less than 500), for carrying out such
sections 462 and 235 and the activities authorized by this Act and the
amendments made by this Act.
<all>