[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4393 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4393
To provide protections for children in immigration custody, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 22, 2024
Mr. Merkley (for himself, Mr. Durbin, Mrs. Gillibrand, Mr. Wyden, Ms.
Warren, Mr. Schatz, Mr. Markey, Ms. Klobuchar, Mr. Sanders, Ms. Hirono,
and Ms. Duckworth) introduced the following bill; which was read twice
and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide protections for children in immigration custody, 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 ``Children's Safe
Welcome Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--PROCEDURES AND TEMPORARY PLACEMENTS FOLLOWING APPREHENSION
Sec. 101. Prohibition on family separation.
Sec. 102. Protections for noncitizen children.
Sec. 103. Nonadversarial asylum processing for noncitizen children.
Sec. 104. Standards for U.S. Customs and Border Protection detention of
noncitizen children.
Sec. 105. Standards for U.S. Customs and Border Protection facilities
housing noncitizen children.
Sec. 106. Modification of term ``asylum officer'' to exclude officers
of U.S. Customs and Border Protection.
TITLE II--STANDARDS FOR DEPARTMENT OF HEALTH AND HUMAN SERVICES CUSTODY
OF UNACCOMPANIED NONCITIZEN CHILDREN
Subtitle A--Standards for Foster Care Homes and Childcare Facilities
Sec. 201. Operation of foster care homes and childcare facilities.
Sec. 202. Notice of rights.
Sec. 203. Staffing and training.
Subtitle B--Services for Unaccompanied Noncitizen Children
Sec. 211. Required services.
Sec. 212. Evaluation for disability.
Sec. 213. Education.
Sec. 214. Recreation.
Subtitle C--Placement of Children
Sec. 221. Phasing out large congregate care facilities.
Sec. 222. Least restrictive setting.
Sec. 223. Foster family care.
Sec. 224. Additional requirements relating to children with
disabilities and children with mental
health needs.
Sec. 225. Minimizing transfers.
Sec. 226. Restrictive placements.
Sec. 227. Judicial review of placement.
Subtitle D--Family Reunification and Standards Relating to Sponsors
Sec. 231. Family reunification efforts by Office of Refugee
Resettlement.
Sec. 232. Standards relating to sponsors.
Sec. 233. Special considerations relating to release of children with
disabilities.
Subtitle E--Release
Sec. 241. Procedures for release.
Sec. 242. Post-release services.
Sec. 243. Individuals attaining 18 years of age.
Sec. 244. Custody review by Ombudsperson.
TITLE III--EMERGENCIES AND INFLUXES
Sec. 301. Sense of Congress.
Sec. 302. Definitions.
Sec. 303. Placement.
Sec. 304. Planning for emergencies and influxes.
Sec. 305. Influx facility standards and staffing.
Sec. 306. Monitoring and oversight.
TITLE IV--LEGAL REPRESENTATION FOR UNACCOMPANIED NONCITIZEN CHILDREN
Sec. 401. Legal orientation presentations and legal screenings.
Sec. 402. Legal representation.
TITLE V--APPOINTMENT OF CHILD ADVOCATES AND IMPROVEMENTS TO IMMIGRATION
COURTS
Sec. 501. Appointment of child advocates.
Sec. 502. Immigration court improvements.
TITLE VI--OVERSIGHT, MONITORING, AND ENFORCEMENT
Sec. 601. Office of the Ombudsperson for Unaccompanied Noncitizen
Children in Immigration Custody.
Sec. 602. Data collection and reporting.
Sec. 603. Enforcement.
Sec. 604. Protection from retaliation.
Sec. 605. Mandatory access to detention facilities for Members of
Congress.
TITLE VII--NONDISCRIMINATION
Sec. 701. Fair and equal treatment.
Sec. 702. Responsibilities of care providers.
TITLE VIII--INFORMATION SHARING AND DATA PROTECTION
Sec. 801. Separation of records.
Sec. 802. Prohibition on use for denial of relief or in removal
proceedings.
Sec. 803. Disclosure.
Sec. 804. Prohibition on information sharing.
Sec. 805. Counseling records.
Sec. 806. Data protection for sponsors.
TITLE IX--MISCELLANEOUS PROVISION
Sec. 901. Rule of construction.
SEC. 2. DEFINITIONS.
In this Act:
(1) Best interests of the child.--With respect to an
accompanied noncitizen child or unaccompanied noncitizen child,
the term ``best interests of the child'' means a consideration,
informed to the extent practicable by the child and the parents
or guardian and extended family of the child, that takes into
account--
(A) the safety and well-being of the child;
(B) the expressed interests of the child, taking
into account the child's age and stage of development;
(C) the physical and mental health of the child;
(D) the right of the child to--
(i) family integrity;
(ii) liberty; and
(iii) development; and
(E) the identity of the child, including religious,
ethnic, linguistic, gender, sexual orientation, and
cultural identity.
(2) Childcare facility.--The term ``childcare facility''
means a facility operated by the Department of Health and Human
Services, or a contractor or grantee of the Department of
Health and Human Services, that--
(A) is a State-licensed program; and
(B) provides residential care for unaccompanied
noncitizen children.
(3) Director.--The term ``Director'' means the Director of
the Office of Refugee Resettlement.
(4) Flores settlement agreement.--The term ``Flores
settlement agreement'' means the stipulated settlement
agreement in Reno v. Flores, as filed in the United States
District Court for the Central District of California on
January 17, 1997 (CV-85-4544-RJK), including all subsequent
court decisions, orders, agreements, and stipulations.
(5) Immigration custody.--The term ``immigration custody''
means the physical custody of the Secretary of Health and Human
Services or the Secretary of Homeland Security (or the head of
any successor agency of the Department of Health and Human
Services or the Department of Homeland Security).
(6) Influx.--The term ``influx'' means a period--
(A) beginning on the date on which, for not less
than 7 consecutive days, the net available bed capacity
of State-licensed programs that is occupied or held for
placement by unaccompanied noncitizen children is 85
percent or more; and
(B) ending on the date on which, for not less than
7 consecutive days, such bed capacity occupied or held
for placement by unaccompanied noncitizen children is
less than 85 percent.
(7) Influx facility.--The term ``influx facility'' means
any facility established to provide temporary emergency shelter
and services for unaccompanied noncitizen children during an
influx or emergency.
(8) Noncitizen.--The term ``noncitizen'' means an
individual who is not a citizen or national of the United
States.
(9) Noncitizen child.--The term ``noncitizen child'' means
a noncitizen under the age of 18 years.
(10) Nonparent family member.--With respect to an
unaccompanied noncitizen child apprehended with a nonparent
family member, the term ``nonparent family member'' means an
individual who is--
(A) 18 years of age or older; and
(B) a relative of such child, including a
grandparent, aunt, uncle, first cousin, sibling, and
fictive kin.
(11) Ombudsperson.--The term ``Ombudsperson'' means the
Ombudsperson of the Office of the Ombudsperson for
Unaccompanied Noncitizen Children established under section
601.
(12) Out-of-network facility.--The term ``out-of-network
facility'' means any public or private facility, including a
mental health facility, or any other location that--
(A) is used to provide residential care for
unaccompanied noncitizen children; and
(B) is not an Office of Refugee Resettlement
facility.
(13) Prospective sponsor.--The term ``prospective sponsor''
means an individual or entity who applies for custody of an
unaccompanied noncitizen child.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(15) Secure facility.--The term ``secure facility'' means
any public or private facility that is opened by a program,
agency, or organization that is licensed by an appropriate
State agency to provide residential care for children who have
been adjudicated delinquent.
(16) Special needs noncitizen child.--The term ``special
needs noncitizen child''--
(A)(i) means a noncitizen under the age of 18
years, the mental or physical condition of whom
requires special services or medical equipment and
special treatment by the staff of a childcare facility;
and
(ii) includes such an individual who--
(I) has special needs due to drug or
alcohol abuse, serious emotional disturbance,
mental illness, developmental or cognitive
delay, or a physical condition or chronic
illness that requires special services or
treatment;
(II) is an individual with a disability (as
defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102)); or
(III) requires special services or
treatment as a result of neglect or abuse; and
(B) in the case of a child who is 12 years of age
or older, means such a child who consents to such
designation, services, and treatment.
(17) Sponsor.--The term ``sponsor'' means an individual or
entity who has been approved by the Director to assume care of
an unaccompanied noncitizen child on release from the custody
of the Secretary.
(18) Staff-secure facility.--The term ``staff-secure
facility''--
(A) means any public or private facility that is
licensed by an appropriate State agency to provide
residential care for children who have been determined
to require close or intensive care in accordance with
section 226(c)(3); and
(B) does not include a facility that provides
residential care to children who have been adjudicated
delinquent.
(19) State-licensed program.--The term ``State-licensed
program'' means any public or private program, agency, or
organization licensed by an appropriate State agency to provide
residential, group, or foster care services for unaccompanied
noncitizen children (including a program operating group homes,
foster homes, or facilities for special needs noncitizen
children) that complies with applicable--
(A) State child welfare laws, regulations, and
policies;
(B) State and local building, fire, health, and
safety laws and regulations;
(C) Federal, State, and local human rights and
privacy laws, as applicable; and
(D) State staffing and training requirements.
(20) Tender age minor.--The term ``tender age minor'' means
an individual who is 12 years of age or younger or has the
developmental age of such an individual.
(21) Unaccompanied noncitizen child.--The term
``unaccompanied noncitizen child'' has the meaning given the
term ``unaccompanied alien child'' in section 462(g) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)).
TITLE I--PROCEDURES AND TEMPORARY PLACEMENTS FOLLOWING APPREHENSION
SEC. 101. PROHIBITION ON FAMILY SEPARATION.
(a) In General.--A noncitizen child shall remain physically
together with their parent, legal guardian, or nonparent family member
at all times while in the custody of the Secretary of Homeland Security
or the Secretary of Health and Human Services, unless--
(1) the noncitizen child requests privacy temporarily;
(2) during the screening process, a determination is made
based on clear and convincing evidence that the parent or legal
guardian of the noncitizen child, or the nonparent family
member of the child who has been determined by a child welfare
expert to be suitable to provide care and physical custody of
the child in the United States, presents an imminent threat to
United States national security or is inadmissible under
subparagraphs (C)(i), (E), (G), or (I) of section 212(a)(2) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)); or
(3) the child welfare expert documents, based on clear and
convincing evidence, that the continued care of the noncitizen
child by the parent, legal guardian, or nonparent family member
is likely to result in serious emotional or physical damage to
the child.
(b) Role of DHS.--An employee or contractor of the Department of
Homeland Security may not play any role in the documentation or
determination described in subsection (a).
(c) Termination of Separation.--In the case of a separation under
paragraph (2) or (3) of subsection (a), as soon as practicable after
the potential damage to the child is sufficiently mitigated or
remedied--
(1) in the case of a child in the custody of the Secretary
of Health and Human Services, the Secretary of Health and Human
Services shall reunify the child with the individual from whom
they were separated; and
(2) in the case of a child in the custody of the Secretary
of Homeland Security, the Secretary of Homeland Security shall
release the individual in accordance with subsection (a)(5) of
section 235 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232), as
amended by section 102.
(d) Challenge to Separation.--In the case of a separation under
paragraph (2) or (3) of subsection (a), the Secretary of Homeland
Security shall--
(1) notify the parents, legal guardians, and children
concerned of their--
(A) right to challenge such separation under titles
VI and VII; and
(B) private right of action to seek review before a
district court of the United States; and
(2) provide a copy of any determination, evidence, arrest
warrants, or other documentation supporting such separation to
such individuals and their attorneys.
(e) Treatment of Unaccompanied Children Traveling With Certain
Caregivers.--Unaccompanied children traveling with a nonparent family
member shall be treated by the Secretary of Health and Human Services
in accordance with paragraph (3)(C) of section 235(b) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
(8 U.S.C. 1232(b)), as amended by section 102.
(f) Staffing.--
(1) Child welfare experts.--The Secretary of Health and
Human Services shall hire child welfare experts to carry out
the screening process described in subsection (a).
(2) Qualifications.--Each child welfare expert hired under
this subsection shall--
(A) be professionally trained and licensed in
social work;
(B) have direct experience providing trauma-
informed care to children who have experienced trauma;
and
(C) be proficient in Spanish or 1 of the top 5 most
common languages spoken by noncitizen children in the
past 5 years.
SEC. 102. PROTECTIONS FOR NONCITIZEN CHILDREN.
Section 235 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended--
(1) by striking ``unaccompanied alien child'' each place it
appears and inserting ``unaccompanied noncitizen child'';
(2) by striking ``unaccompanied alien child's'' each place
it appears and inserting ``unaccompanied noncitizen child's'';
(3) by striking ``unaccompanied alien children'' each place
it appears and inserting ``unaccompanied noncitizen children'';
(4) by striking ``unaccompanied alien children's'' each
place it appears and inserting ``unaccompanied noncitizen
children's'';
(5) in subsection (a)--
(A) by striking paragraphs (2) and (4);
(B) by redesignating paragraphs (3) and (5) as
paragraphs (2) and (3), respectively;
(C) in paragraph (2), as redesignated, in the
paragraph heading, by striking ``other'' and inserting
``unaccompanied noncitizen'';
(D) in paragraph (3), as redesignated--
(i) in subparagraph (C), in the
subparagraph heading, by striking
``unaccompanied alien children'' and inserting
``unaccompanied noncitizen children''; and
(ii) in subparagraph (D), in the matter
preceding clause (i), by striking ``, except
for an unaccompanied alien child from a
contiguous country subject to exceptions under
subsection (a)(2),''; and
(E) by inserting after paragraph (3), as
redesignated, the following:
``(4) Child caregiver professionals at the border.--
``(A) In general.--The Secretary of Homeland
Security shall ensure that a licensed child caregiver
professional is physically present to provide onsite
expertise at each--
``(i) land port of entry at which
noncitizen children are most likely to enter;
``(ii) Border Patrol station on the
southern border; and
``(iii) U.S. Customs and Border Protection
processing facility and reception center,
regardless of whether such facility or center
is temporary in nature.
``(B) Qualifications.--
``(i) In general.--Such a child caregiver
professional--
``(I) shall--
``(aa) be professionally
trained and licensed to provide
services to children;
``(bb) have direct
experience providing trauma-
informed care to children who
have experienced trauma; and
``(cc) subject to clause
(ii), be proficient in Spanish
or 1 of the top 5 most common
languages spoken by noncitizen
children in the past 5 years;
and
``(II) may be a licensed childcare
worker, licensed pediatric health
professional, or licensed child welfare
professional.
``(ii) Phase-in of language proficiency.--
During the 3-year period beginning on the date
of the enactment of the Children's Safe Welcome
Act of 2024, 25 percent of the child caregiver
professionals hired by the Secretary of
Homeland Security to carry out the duties under
this section shall be exempt from clause
(i)(III).
``(C) Oversight of care.--Such a child caregiver
professional shall oversee the care of noncitizen
children in U.S. Customs and Border Protection
facilities, consistent with the standards established
under sections 104 and 105 of the Children's Safe
Welcome Act of 2024, including by--
``(i) issuing and ensuring access to
adequate food, hydration, hygiene necessities,
clothing, and other supplies as needed;
``(ii) supporting general care to infants
and children, including monitoring, changing
diapers, assisting with toilet use and
handwashing, feeding any child who is not able
to feed himself or herself, and identifying and
tending to other similar basic needs of
children as such needs arise;
``(iii) providing supervision and support
to children during recreational and exercise
activities;
``(iv) maintaining a safe working
environment and observing and encouraging
adherence to safety rules and health
guidelines; and
``(v) referring any suspected or reported
medical or mental health issues to onsite
Border Patrol or U.S. Customs and Border
Protection personnel and medical personnel.
``(D) Availability.--Caregiver services provided
under this paragraph shall be--
``(i) available 24 hours per day, 7 days
per week, including on weekends and Federal
holidays; and
``(ii) provided by a mixed-gender staff,
including not fewer than 1 male and 1 female
staff member at all times.
``(5) Release of children apprehended with parents,
adoptive parents, or legal guardians.--In the case of a child
apprehended with a parent, adoptive parent, or legal guardian,
the Secretary of Homeland Security shall--
``(A) subject to paragraph (2) or (3) of section
101(a) of the Children's Safe Welcome Act of 2024,
release the child together with the parent, adoptive
parent, or legal guardian, as applicable; and
``(B) ensure that the child is provided with
support from a qualified nongovernmental community-
based organization with experience providing services
to immigrant, refugee, and asylum-seeking populations.
``(6) Release of children apprehended with nonparent family
members.--In the case of a child apprehended with a nonparent
family member determined under subsection (b)(3)(C)(iii) to be
an appropriate sponsor for the child, the Secretary of Health
and Human Services shall--
``(A) subject to paragraph (2) or (3) of section
101(a) of the Children's Safe Welcome Act of 2024,
release the child together with the nonparent family
member; and
``(B) ensure that the child is provided with
support from a qualified nongovernmental community-
based organization with experience providing services
to immigrant, refugee, and asylum-seeking populations.
``(7) Prohibition on operation of family detention
facilities.--The Federal Government may not operate, under any
circumstance, a family detention facility.'';
(6) in subsection (b)--
(A) in paragraph (1), in the paragraph heading, by
striking ``unaccompanied alien children'' and inserting
``unaccompanied noncitizen children'';
(B) in paragraph (3)--
(i) in the paragraph heading, by striking
``unaccompanied alien children'' and inserting
``unaccompanied noncitizen children'';
(ii) by striking ``Except in the case of
exceptional circumstances,'' and inserting the
following:
``(A) In general.--Except in the case of
exceptional circumstances, subject to subparagraph
(B),''; and
(iii) by adding at the end the following:
``(B) Limitation on u.s. customs and border
protection custody.--Under no circumstance may the
Commissioner hold an unaccompanied or accompanied
noncitizen child in custody for more than 72 hours.
``(C) Reception centers.--
``(i) Designation.--The Commissioner shall
designate 1 or more reception centers located
within 100 miles of each port of entry and each
Border Patrol Station on the southern border
for the purpose of conducting expedited
evaluations described in clause (iii).
``(ii) Transfer.--In the case of an
unaccompanied noncitizen child apprehended with
a nonparent family member, the Commissioner
shall immediately transfer the child and his or
her 1 or more nonparent family members, as
applicable, to a reception center designated
under clause (i) for the purpose of an
evaluation under clause (iii).
``(iii) Expedited evaluations.--
``(I) In general.--On the arrival
of an unaccompanied noncitizen child
apprehended with a nonparent family
member at a designated reception
center, a case manager or case
coordinator of the Department of Health
and Human Services shall evaluate the
child to determine whether he or she
may be released safely from U.S.
Customs and Border Protection custody
to the nonparent family member with
whom the child was apprehended.
``(II) Private space.--The
Commissioner shall make available in
each designated reception center a
private space in which such a case
manager or case coordinator may carry
out such evaluations.
``(iv) Staffing.--
``(I) Case managers and case
coordinators.--
``(aa) In general.--Case
managers and case coordinators
of the Department of Health and
Human Services shall be
detailed to designated
reception centers for brief
periods to ensure the
independence of Department of
Health and Human Services staff
from the duties and functions
of U.S. Customs and Border
Protection.
``(bb) Duties.--A case
manager or case coordinator
detailed to a designated
reception center shall assist
the Federal field specialist at
the reception center in
verifying family relationships
and screening each
unaccompanied noncitizen child
apprehended with a nonparent
family member for safety
concerns using existing or
newly developed Department of
Health and Human Services tools
and skills, including document
review, observation, and
interviews of the child and
family members.
``(II) Federal field specialists.--
``(aa) In general.--Federal
field specialists of the
Department of Health and Human
Services shall prioritize for
review the release decisions
for any child arriving at the
border of the United States
with a relative who is not a
parent of the child, whom the
Director of the Office of
Refugee Resettlement would
consider as a potential sponsor
for the child.
``(bb) Duties.--Such a
Federal field specialist shall
work with case managers and
case coordinators to review the
recommendation of case managers
or case coordinators with
respect to the qualification of
such relatives as sponsors for
such children.
``(III) Legal services providers.--
The Secretary of Health and Human
Services shall enter into 1 or more
contracts with nongovernmental legal
services providers to provide legal
orientation presentations to
accompanied noncitizen children and
unaccompanied noncitizen children
apprehended with nonparent family
members and their parents or legal
guardians or nonparent family members,
as applicable, under consideration for
expedited release under this
subparagraph.
``(v) Release decision.--The Secretary of
Health and Human Services shall make a
determination with respect to expedited release
under this subparagraph not later than 72 hours
after the child has been determined to be an
unaccompanied noncitizen child.
``(vi) Release of nonparent family
member.--
``(I) In general.--If the Secretary
of Health and Human Services determines
that the nonparent family member of an
unaccompanied noncitizen child
apprehended with a nonparent family
member is a safe sponsor, and the
applicable Federal field specialist and
case manager or case coordinator have
verified the family relationship, the
Commissioner shall approve the release
of the nonparent family member for the
purpose of reunification with the
child.
``(II) Retention of unaccompanied
noncitizen child determination.--An
unaccompanied noncitizen child released
to a nonparent family member who is
released under subclause (I) shall
retain his or her determination as an
unaccompanied noncitizen child.
``(III) Post-release counsel and
services.--The Secretary of Health and
Human Services shall provide to each
child released to a nonparent family
member who is released under subclause
(I) post-release counsel and services,
such as legal counsel, in the location
in which the child's removal
proceedings are scheduled.
``(vii) Transfer to office of refugee
resettlement custody.--
``(I) In general.--If the Secretary
of Health and Human Services cannot
make a determination with respect to
whether a nonparent family member is an
imminent substantial and credible
threat to a child within 72 hours after
the Commissioner has made the
unaccompanied noncitizen child
determination, or if an unaccompanied
noncitizen child apprehended with a
nonparent family member is denied
expedited release under this
subparagraph--
``(aa) such child shall be
placed in the least restrictive
setting;
``(bb) notice shall be
provided to the nonparent
family member and the parents
or legal guardians of the
child, to the extent such
individuals may be ascertained
and contacted, with respect
to--
``(AA) the reason
for the inability to
timely make such
determination or for
the denial; and
``(BB) the location
of the child's transfer
and any subsequent
transfer; and
``(cc) the family
relationship shall be
documented.
``(II) Appointment of child
advocate.--In the case of a child
denied expedited release under this
subparagraph, the Secretary of Health
and Human Services shall appoint a
child advocate for the child.
``(viii) Prohibition.--The adjudication of
asylum applications shall not be carried out in
a reception center designated under this
subparagraph.
``(D) Transportation.--
``(i) In general.--Except as provided in
clause (ii), the Commissioner may not transport
any unaccompanied noncitizen child in a vehicle
with a detained adult who is not related to the
child.
``(ii) Exception.--
``(I) In general.--The Commissioner
may transport an unaccompanied
noncitizen child in a vehicle with such
an adult only from the place of arrest
or apprehension to a U.S. Customs and
Border Protection facility.
``(II) Precautions.--In
transporting an unaccompanied
noncitizen child under subclause (I),
the Commissioner shall take necessary
precautions for the protection and
well-being of the unaccompanied
noncitizen child.''; and
(C) by adding at the end the following:
``(5) Substantive and procedural protections.--
``(A) In general.--On a determination that a child
is an unaccompanied noncitizen child, the unaccompanied
noncitizen child shall be afforded, for the duration of
the unaccompanied noncitizen child's removal
proceedings, all substantive and procedural protections
provided under this section and any other applicable
Federal law.
``(B) Unaccompanied noncitizen child
determination.--No Federal agency, officer, or
personnel may--
``(i) reevaluate or revoke a determination
that a child is an unaccompanied noncitizen
child, unless an age assessment conducted by
the Secretary of Health and Human Services
consistent with section 105(h) of the
Children's Safe Welcome Act of 2024 indicates
that the individual is 18 years of age or
older; or
``(ii) deny or impede access to any
protection provided for unaccompanied
noncitizen children under Federal law,
including on the basis of--
``(I) the reunification of an
unaccompanied noncitizen child with a
parent or legal guardian;
``(II) the release of an
unaccompanied noncitizen child to a
nonparent family member in accordance
with subsection (b)(3)(C)(vi); or
``(III) an unaccompanied noncitizen
child having attained 18 years of
age.'';
(7) in subsection (d)(8), in the paragraph heading, by
striking ``unaccompanied alien children'' and inserting
``unaccompanied noncitizen children'';
(8) by striking subsection (g);
(9) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively; and
(10) by adding at the end the following:
``(i) Access to Legal Services.--Each child in immigration custody,
including accompanied noncitizen children, shall--
``(1) receive a legal orientation presentation; and
``(2) have access to legal counsel and child advocates.
``(j) Treatment of Adult Family Members Apprehended With
Children.--
``(1) In general.--A parent or legal guardian or a
nonparent family member who is apprehended with a child shall
be placed in removal proceedings under section 240 of the
Immigration and Nationality Act (8 U.S.C. 1229a).
``(2) Requirement.--Such a parent or legal guardian or
nonparent family member and the child concerned shall be
provided an opportunity--
``(A) to consult, independently and jointly, legal
counsel; and
``(B) to request such measures as may be necessary
to ensure--
``(i) full and fair consideration of their
cases for relief from removal; and
``(ii) the best interests of the child.
``(k) Removal Proceedings for Accompanied Noncitizen Children.--
With respect to an accompanied noncitizen child, the child and their
parent or legal guardian may only be placed in removal proceedings
under section 240 of the Immigration and Nationality Act (8 U.S.C.
1229a).
``(l) Definitions.--In this section:
``(1) Accompanied noncitizen child.--The term `accompanied
noncitizen child' means a noncitizen under 18 years of age
who--
``(A) has no lawful immigration status in the
United States; and
``(B) is apprehended while traveling with a parent,
adoptive parent, or legal guardian.
``(2) Commissioner.--The term `Commissioner' means the
Commissioner of U.S. Customs and Border Protection.
``(3) Danger of abuse or neglect at the hands of the
parent, legal guardian, or nonparent family member.--The term
`danger of abuse or neglect at the hands of the parent, legal
guardian, or nonparent family member' shall not mean migrating
to or crossing the United States border.
``(4) Nonparent family member.--With respect to an
unaccompanied noncitizen child apprehended with a nonparent
family member, the term `nonparent family member' means an
individual who is--
``(A) 18 years of age or older; and
``(B) a relative of such child, including a
grandparent, aunt, uncle, first cousin, sibling, and
fictive kin.
``(5) Unaccompanied noncitizen child.--The term
`unaccompanied noncitizen child' has the meaning given the term
`unaccompanied alien child' in section 462(g) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g)).
``(6) Unaccompanied noncitizen child apprehended with a
nonparent family member.--The term `unaccompanied noncitizen
child apprehended with a nonparent family member' means an
unaccompanied noncitizen child who is apprehended while
traveling with a nonparent family member.''.
SEC. 103. NONADVERSARIAL ASYLUM PROCESSING FOR NONCITIZEN CHILDREN.
Section 208(b)(3)(C) of the Immigration and Nationality Act (8
U.S.C. 1158(b)(3)(C)) is amended to read as follows:
``(C) Nonadversarial asylum processing for
children.--The Director of U.S. Citizenship and
Immigration Services shall have jurisdiction over the
asylum application of an individual who--
``(i) has been classified as an
unaccompanied noncitizen child (as defined in
section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232)), regardless of the
age or marital status of the individual on the
date on which he or she files an asylum
application;
``(ii) was a child apprehended with a
parent, adoptive parent, or legal guardian,
regardless of the age or marital status of the
individual on the date on which he or she files
an asylum application; or
``(iii) is the parent or legal guardian of
an individual described in clause (ii).''.
SEC. 104. STANDARDS FOR U.S. CUSTOMS AND BORDER PROTECTION DETENTION OF
NONCITIZEN CHILDREN.
(a) Initial Processing of Noncitizen Children and Families With
Noncitizen Children.--
(1) In general.--The Commissioner of U.S. Customs and
Border Protection (referred to in this title as the
``Commissioner'') may only detain a noncitizen child for the
purpose of initial processing.
(2) Time limitation.--Under no circumstance may the
Commissioner detain a family with a noncitizen child for more
than 72 hours.
(b) Prioritization of Best Interests of the Child and Family
Unity.--In all decisions undertaken by the Commissioner with respect to
the detention of a noncitizen child, the Commissioner shall
prioritize--
(1) the best interests of the noncitizen child; and
(2) in the case of a noncitizen child apprehended with a
parent, legal guardian, or nonparent family member, family
unity.
SEC. 105. STANDARDS FOR U.S. CUSTOMS AND BORDER PROTECTION FACILITIES
HOUSING NONCITIZEN CHILDREN.
(a) In General.--A noncitizen child may not be housed in a U.S.
Customs and Border Protection facility that is not in compliance with
this Act or the amendments made by this Act.
(b) Humanitarian Access.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security
and the Secretary of Health and Human Services shall jointly
develop operating procedures to provide employees of the
Department of Health and Human Services immediate access to any
U.S. Customs and Border Protection facility so as to facilitate
the humane treatment of individuals and families encountered at
the border.
(2) Elements.--The procedures developed under paragraph (1)
shall, at a minimum, provide that--
(A) for each U.S. Customs and Border Protection
facility in which an individual may be detained in U.S.
Customs and Border Protection custody longer than 72
hours, the Department of Health and Human Services
shall have access to a separate designated space in the
facility so that Department of Health and Human
Services employees may conduct medical and mental
health screenings, ensure opportunities for general
hygiene, provide adequate food and hydration, offer
nursing and diapering supplies, and provide appropriate
space for children; and
(B) employees of the Department of Health and Human
Services at such a facility shall immediately begin
efforts--
(i) to reunify unaccompanied children with
sponsors in the United States; and
(ii) verify family relationships to ensure
that unaccompanied children who arrive with a
nonparent family member may remain in the care
of such nonparent family member.
(c) National Standards on Transport, Escort, Detention, and
Search.--
(1) Review.--Not later than 180 days after the date of the
enactment of this Act, the Commissioner, in consultation with
stakeholder organizations that serve immigrant and refugee
children and families, shall conduct a review of the U.S.
Customs and Border Protection standards entitled ``National
Standards on Transport, Escort, Detention, and Search'' issued
in October 2015, to identify necessary improvements with
respect to the treatment and care of noncitizen children in
U.S. Customs and Border Protection custody.
(2) Revision.--Not later than 90 days after the date on
which the review required by paragraph (1) is completed, the
Commissioner shall revise such standards to incorporate the
improvements identified by the review.
(3) Compliance.--Not later than 180 days after the revision
under paragraph (2), each U.S. Customs and Border Protection
facility that houses 1 or more noncitizen children shall attain
compliance with the revised standards.
(d) Facility Requirements.--
(1) In general.--The Commissioner shall ensure that each
U.S. Customs and Border Protection facility that houses 1 or
more noncitizen children is safe and sanitary and promotes an
appropriate and healthy environment for children.
(2) Children's area.--
(A) In general.--The Commissioner shall ensure that
each U.S. Customs and Border Protection facility that
houses 1 or more noncitizen children includes--
(i) a dedicated physical environment that
is appropriate for children of all ages and
stages of development (referred to in this
paragraph as a ``children's area''); and
(ii) an outdoor recreation area.
(B) Elements.--Each children's area shall be
colorful and include--
(i) low, warm lights;
(ii) child-sized furniture and equipment,
including developmentally appropriate books and
toys that facilitate structured and
unstructured play;
(iii) child-friendly images and displays;
(iv) a children's bathroom;
(v) a diaper-changing area and access to
sanitation;
(vi) nursing chairs for breastfeeding
mothers; and
(vii) an area in which children may sit and
rest comfortably.
(C) Child caregiver professional staffing.--Each
children's area shall be staffed by 1 or more
individuals who are professionally trained and licensed
to provide services to children, including licensed
childcare workers, licensed pediatric health
professionals, and licensed child welfare
professionals.
(3) Medical screening and care.--
(A) In general.--The Commissioner shall ensure
that--
(i) except as provided in subparagraph
(F)(i), not later than 6 hours after the
arrival of a noncitizen child at a U.S. Customs
and Border Protection facility, the child
receives a medical screening conducted by a
licensed physician, advanced practice provider,
nurse, or physician's assistant in accordance
with this paragraph;
(ii) a noncitizen child in the custody of
the Commissioner shall have unrestricted access
to appropriate medication for the management of
an illness or injury of the child;
(iii) in the case of such a child with a
medical assistive device or other health care
support item, the noncitizen child, or the
parent, legal guardian, or nonparent family
member of the child, is permitted unrestricted
access to the device or item;
(iv) on release from such custody, a
noncitizen child, or the parent, legal
guardian, or nonparent family member of the
child, is provided with documentation of the
child's medical screening and care, including
the need for any followup while in such
custody, in accordance with subparagraph
(B)(viii); and
(v) medication in possession of a
noncitizen child, or in the possession of the
child's parent, legal guardian, or nonparent
family member, on arrival shall not be
destroyed or discarded before the review and
determination under subparagraph (B)(vi) occur.
(B) Duties of medical professional.--With respect
to a medical screening required by subparagraph (A) and
the care of a noncitizen child at a U.S. Customs and
Border Protection facility, a licensed physician,
advanced practice provider, nurse, or physician's
assistant attending the child at the facility shall--
(i) assess and identify any illness,
condition, or physical ailment;
(ii)(I) identify any acute condition or
elevated medical risk; and
(II) in the case of a child for which such
a condition or risk is identified, consult with
a licensed pediatrician or pediatric
subspecialist;
(iii) ensure that appropriate health care
is provided to the child as necessary,
including pediatric and reproductive health
care;
(iv) in the case of a child under 12 years
of age, conduct a physical examination of the
child in the presence of a parent, legal
guardian, or family member;
(v) in the case of a child who is 12 years
of age or older--
(I) provide the child with the
choice of--
(aa) a physical examination
in the presence of a parent,
legal guardian, or nonparent
family member; or
(bb) a private physical
examination without the
presence of a parent, legal
guardian, or nonparent family
member; and
(II) conduct such examination in
accordance with the child's preference;
(vi) review any medication that is in the
possession of the child on arrival to determine
whether the medication shall be kept by the
child or the child's parent, legal guardian, or
nonparent family member, as applicable;
(vii) in the case of a medication described
in clause (vi) that may not be kept by the
child or the child's parent, legal guardian, or
nonparent family member for medical storage
purposes, such as a medication that requires
refrigeration, ensure storage with appropriate
access for the child's use while in U.S.
Customs and Border Protection custody;
(viii) ensure that the medical screening
and care under this paragraph, and any other
medical evaluation of or intervention for the
child conducted while the child is in the
custody of the Commissioner, is documented in
accordance with commonly accepted standards in
the United States for medical records
documentation; and
(ix) ensure that a copy of all medical
records and documentation of any medical
screening and any other medical evaluation of,
or intervention for, the child conducted while
the child is in the custody of the Commissioner
is--
(I) provided to the child and the
child's parent, legal guardian, or
nonparent family member before the
child is released from such custody; or
(II) in the case of a child who is
transferred to the custody of the
Director, sent to the Office of Refugee
Resettlement immediately upon such
transfer.
(C) Procedures for medical screenings.--The
Commissioner shall establish procedures for medical
screenings and examinations under this paragraph that
are consistent with--
(i) relevant guidelines set forth in the
American Medical Association Code of Medical
Ethics; and
(ii) the recommendations of the American
Academy of Pediatrics and the American College
of Obstetricians and Gynecologists.
(D) Language services.--The Commissioner shall
ensure--
(i) the availability of in-person,
language-appropriate interpretation services,
including indigenous languages, for each
noncitizen child in the custody of the
Commissioner during any medical screening or
examination; and
(ii) that noncitizen children in such
custody are informed of the availability of
such services.
(E) Location of medical screenings.--The
Commissioner shall ensure that medical screenings,
examinations, and any follow-up care under this
paragraph are conducted in a location that--
(i) is private and provides a comfortable
and considerate atmosphere for children;
(ii) ensures each noncitizen child's
dignity and right to privacy; and
(iii) contains all necessary and
appropriate medical equipment and supplies,
including basic over-the-counter medications
appropriate for all age groups.
(F) Acute medical conditions.--
(i) In general.--The Commissioner shall
ensure that any noncitizen child exhibiting
symptoms of an acute medical condition, or who
is at risk for an acute medical condition,
receives immediate care from a licensed
physician, advanced practice provider, nurse,
or physician's assistant.
(ii) Transfer to local health care
facility.--
(I) In general.--If appropriate
medical care cannot be provided for a
noncitizen child described in clause
(i) at a U.S. Customs and Border
Protection facility, the Commissioner
shall expeditiously transfer the child
to a local medical facility.
(II) Accompaniment by family.--In
the case of a noncitizen child
transferred under subclause (I), 1 or
more parents, legal guardians, or
nonparent family members, shall be
permitted to accompany the child to
such medical facility and stay with the
child if so accompanying the child does
not pose a serious safety risk to the
child, as determined by a child welfare
expert.
(iii) Ongoing availability of
transportation.--The Commissioner shall
maintain--
(I) appropriate transportation at
each U.S. Customs and Border Protection
facility that houses 1 or more
noncitizen children to ensure the
availability of transport to outside
medical facilities in the case of a
medical emergency; or
(II) an on-call service to provide
such transportation to such a facility
within 30 minutes.
(G) Rule of construction.--Nothing in this
paragraph shall be construed to require a noncitizen
child, parent, legal guardian, or nonparent family
member to disclose the child's medical history.
(4) Services and supplies.--The Commissioner shall ensure
that each U.S. Customs and Border Protection facility that
houses 1 or more noncitizen children is in compliance with the
following standards at all times:
(A) Temperature.--The temperature inside the
facility shall be maintained between 70 and 73 degrees
Fahrenheit.
(B) Ventilation.--The facility shall comply with
the most recent guidance issued by the Centers for
Disease Control and Prevention with respect to
ventilation in buildings to mitigate the spread of
COVID-19.
(C) Food and water.--
(i) In general.--Food shall be provided--
(I) in a manner that follows
Federal food safety laws and
regulations; and
(II) according to the guidelines of
the American Association of Pediatrics
and the American College of
Obstetricians and Gynecologists with
respect to nutrition, consistency,
calories, and portion size, consistent
with the age of each child.
(ii) Meals and snacks.--
(I) Arrival.--On arrival at the
facility, a child shall be provided
with a healthy, nutritious, and
culturally appropriate meal.
(II) Meals.--Meals shall--
(aa) be served daily to all
noncitizen children for
breakfast, lunch, and dinner,
of which not fewer than 2 meals
daily shall be served hot; and
(bb) include a variety of
fresh fruit, vegetables, a
protein, and grains.
(III) Snacks.--Noncitizen children
shall have unrestricted access to
healthy snacks.
(IV) Limitation on unhealthful
foods.--The availability of highly
processed foods and sugars shall be
limited.
(iii) Water.--Each noncitizen child shall--
(I) be provided with not less than
1 gallon of drinking water or age-
appropriate fluids daily; and
(II) have unrestricted access to
drinking water.
(iv) Accommodation.--A noncitizen child's
individual dietary needs or restrictions shall
be accommodated.
(v) Special considerations for infants and
young children.--
(I) Bottle feeding.--
(aa) In general.--On
arrival at a facility, the
parent, legal guardian, or
nonparent family member of a
noncitizen child using a bottle
for feeding shall be offered 2
clean baby bottles, a bottle
brush, dish soap, and enough
bottled water and baby formula
for not less than 96 ounces of
formula milk.
(bb) Additional supplies.--
Additional baby formula and
bottled water, and access to a
bottle warmer, shall be
provided on request of the
parent, legal guardian, or
nonparent family member.
(II) Breastfeeding.--In the case of
any noncitizen child who is
breastfeeding at the time of arrival at
the facility--
(aa) continued
breastfeeding shall be
supported; and
(bb) the breastfeeding
mother of each such noncitizen
child shall be provided with
privacy, blankets, a quiet area
for breastfeeding, a nursing
chair, and adequate amounts of
food and water consistent with
the dietary needs of a
breastfeeding mother.
(D) Hygiene.--
(i) Clothes and shoes.--Each noncitizen
child shall be provided with a set of clean
clothes, and on request, a pair of shoes in
good condition and warm clothing.
(ii) Showers.--
(I) In general.--Each noncitizen
child shall be provided access to a hot
shower with a barrier for privacy.
(II) Access.--A noncitizen child
shall be provided access to additional
hot showers on request.
(III) Temperature.--Hot water for a
shower under this clause shall be set
at a temperature consistent with the
temperature required under childcare
facility standards for childcare
facilities licensed in the State in
which the facility is located.
(iii) Menstruation supplies.--Each female
noncitizen child shall be offered immediately a
supply of tampons and pads at no cost.
(iv) Diapering.--
(I) In general.--The parent, legal
guardian, or other family member of
each noncitizen child using diapers
shall be provided immediately with 3
size-appropriate diapers and a packet
of diaper wipes.
(II) Additional diapers.--
Additional diapers and diaper wipes
shall be provided on request at no
cost.
(III) Diaper changing area.--The
parent, legal guardian, or other family
member of each such noncitizen child
shall be provided--
(aa) access to a safe and
sanitary area in which to
change the child's diaper;
(bb) a clean diaper
changing pad; and
(cc) a handwashing station.
(v) Bathrooms.--Each noncitizen child shall
be provided access to bathrooms.
(E) Sleep.--
(i) Mats, blankets, and pillows.--
(I) In general.--On arrival, each
noncitizen child shall be provided with
a clean mat that is not less than 3
inches thick, a clean cloth blanket,
and a clean pillow.
(II) Additional blankets.--A
noncitizen child shall be provided with
additional blankets on request by the
child or the parent, legal guardian, or
other family member of the child.
(ii) Quiet location.--On request or if
there are signs of a noncitizen child feeling
tired, the child shall be provided with access
to a quiet location in which to sleep that has
dimmed lights.
(iii) Schedule.--Between the hours of 9:00
p.m. and 6:00 a.m.--
(I) noncitizen children shall have
access to lighting that is safe and
conducive to sleep; and
(II) noise shall be at a level
conducive to sleep.
(F) Recreation.--
(i) In general.--Noncitizen children shall
have access to age-appropriate recreational
activities, including indoor and outdoor spaces
for physical activity, toys, art supplies,
sports equipment, and books.
(ii) Outdoor play.--Noncitizen children
shall be allowed to play outside for not less
than 30 minutes every 3 hours during daylight
hours.
(G) Religious practice.--Noncitizen children shall
be permitted to practice their religion or to not
practice a religion, as applicable.
(5) Notice of rights.--
(A) In general.--The Ombudsperson shall develop a
notice of children's rights, which shall be posted in
each U.S. Customs and Border Protection facility that
houses children in any location in which noncitizen
children are located.
(B) Description of rights.--The notice required by
subparagraph (A) shall include--
(i) a description of--
(I) all rights afforded to a
noncitizen child under section 235 of
the William Wilberforce Trafficking
Victims Protection Reauthorization Act
of 2008 (8 U.S.C. 1232) and this Act;
(II) the right to a bond
redetermination hearing; and
(III) any other existing mechanism
by which children may seek to enforce
their rights, including placement
review panels; and
(ii) a list of pro bono legal services
providers and contact information for such
providers.
(C) Format and languages.--
(i) In general.--Such notice shall be--
(I) written in a manner that is
child friendly and age-appropriate; and
(II) made available and posted in
multiple languages, including the top
20 preferred languages.
(ii) Additional languages.--The
Ombudsperson may require such notice to be made
available and posted in any additional language
the Ombudsperson considers necessary based on
the demographics of arriving noncitizen
children.
(D) Availability.--A child caregiver professional
of the Department of Homeland Security shall provide
each noncitizen child with such notice on the child's
arrival at the U.S. Customs and Border Protection
facility.
(e) Separation From Unfamiliar Adults.--
(1) In general.--Except as provided in paragraph (2), an
unaccompanied noncitizen child in the custody of the
Commissioner shall be physically separated from any adult who
is not related to the child.
(2) Immediate separation not feasible.--In any circumstance
in which such separation is not immediately feasible, such as
during transport to a U.S. Customs and Border Protection
facility, an unaccompanied noncitizen child shall not be left
alone with such an adult or detained with such an adult for
more than 6 hours.
(f) Staff Training.--
(1) In general.--The Commissioner shall ensure that--
(A) the staff of each U.S. Customs and Border
Protection facility in which 1 or more noncitizen
children are housed receives training on responding to
the needs of children and families exposed to trauma,
including training on--
(i) the principles and practices of trauma-
informed care and psychological first aid;
(ii) vicarious traumatization and secondary
stress; and
(iii) recognizing the signs of a child in
medical distress; and
(B) every effort is made to ensure that the safety
and well-being of noncitizen children in U.S. Customs
and Border Protection custody are satisfactorily
provided for by facility staff.
(2) Rulemaking.--
(A) In general.--The Commissioner shall issue
regulations that require Border Patrol and Office of
Field Operations officials to participate in regular
training so as to ensure that such officials treat all
individuals in their custody with dignity, prevent
abuse, and ensure constitutionally guaranteed and
humane conditions of confinement.
(B) Elements.--The regulations required by
subparagraph (A) shall do the following:
(i) Prohibit U.S. Customs and Border
Protection officials from--
(I) discussing immigration outcomes
with detained individuals; and
(II) using derogatory language
towards individuals in their custody.
(ii) Address matters of child development,
mental health and trauma, children with special
needs, cultural competency, and any other
matter the Commissioner considers appropriate.
(iii) Require foreign language competency
and interview protocols in cases in which
interpretation is required.
(iv) Require continuing education in any
subject necessary to ensure compliance with
this Act or the amendments made by this Act.
(g) Monitoring and Oversight.--
(1) In general.--Compliance of U.S. Customs and Border
Protection facilities with this Act and section 235 of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232) shall be monitored
by the Ombudsperson, in accordance with section 601.
(2) Posting of ombudsperson's contact information.--
(A) In general.--The Commissioner shall post, in
each U.S. Customs and Border Protection facility in
which 1 or more noncitizen children are housed, the
contact information for the Ombudsperson in multiple
languages, including the top 20 preferred languages.
(B) Additional languages.--The Ombudsperson may
require such contact information to be posted in any
additional language the Ombudsperson considers
necessary based on the demographics of arriving
noncitizen children.
(h) Age Assessments.--
(1) In general.--Any individual who claims to be under the
age of 18 years shall be presumed to be so and shall be treated
according to the law and standards applicable to noncitizen
children in immigration custody, unless following an age
assessment, it is established by clear and convincing evidence
that the individual is 18 years of age or older.
(2) Requirements.--
(A) In general.--An age assessment may only be
conducted if the Secretary or Secretary of Homeland
Security has recent, credible, and documented evidence
that the individual concerned is 18 years of age or
older.
(B) Considerations.--If an age assessment is
conducted, the Secretary and the Secretary of Homeland
Security shall take into consideration, to the extent
such information is readily available--
(i) written or photographic evidence;
(ii) statements and representations of the
individual concerned and of the family and
community members who know such individual; and
(iii) the relevant cultural and ethnic
context.
(C) Prohibited methods.--The Secretary or the
Secretary of Homeland Security may not--
(i) conduct any medical age assessment that
consists of imaging studies, such as bone or
dental radiography, dental examinations, or
height, weight, skin, or sexual maturity
ratings; or
(ii) rely on the physical appearance of a
child to justify an age assessment.
(D) Legal counsel.--
(i) In general.--An individual with respect
to whom an age assessment is conducted shall be
provided with legal counsel before receiving
such assessment and may not be removed before
receiving such counsel.
(ii) Evidence.--Legal counsel provided
under clause (i) shall be provided with all
evidence upon which the Secretary or the
Secretary of Homeland Security relies to
justify conducting an age assessment or to
support an age assessment determination.
SEC. 106. MODIFICATION OF TERM ``ASYLUM OFFICER'' TO EXCLUDE OFFICERS
OF U.S. CUSTOMS AND BORDER PROTECTION.
Section 235(b)(1)(E) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(E)) is amended--
(1) in clause (i), by striking ``, and'' and inserting a
semicolon;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) is employed by the Refugee, Asylum,
and International Operations Directorate of
U.S. Citizenship and Immigration Services.''.
TITLE II--STANDARDS FOR DEPARTMENT OF HEALTH AND HUMAN SERVICES CUSTODY
OF UNACCOMPANIED NONCITIZEN CHILDREN
Subtitle A--Standards for Foster Care Homes and Childcare Facilities
SEC. 201. OPERATION OF FOSTER CARE HOMES AND CHILDCARE FACILITIES.
(a) In General.--An entity contracted by the Director to operate a
childcare facility shall be licensed by an appropriate State agency to
provide residential, group, or foster care services for dependent
children.
(b) Operation as Nonsecure Facilities.--Each foster care home
operated by a State-licensed program contracted by the Director to
provide care for 1 or more unaccompanied noncitizen children, and each
childcare facility, including any facility for special needs noncitizen
children, shall be maintained as a nonsecure facility, in accordance
with applicable State law.
SEC. 202. NOTICE OF RIGHTS.
(a) In General.--The Ombudsperson shall develop a notice of
children's rights in childcare facilities, which shall be--
(1) posted in each childcare facility in all locations in
which unaccompanied noncitizen children are located; and
(2) distributed to each unaccompanied noncitizen child on
arrival at a childcare facility.
(b) Description of Rights.--The notice required by subsection (a)
shall include--
(1) a description of--
(A) all rights afforded to an unaccompanied
noncitizen child under section 235 of the William
Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232) and this
Act;
(B) the right to a bond redetermination hearing;
and
(C) any other existing mechanism by which children
may seek to enforce their rights, including placement
review panels; and
(2) a list of pro bono legal services providers and contact
information for such providers.
(c) Format and Languages.--
(1) In general.--Such notice shall be--
(A) written in a manner that is child friendly and
age-appropriate; and
(B) made available and posted in multiple
languages, including the top 20 preferred languages.
(2) Additional languages.--The Ombudsperson may require
that such notice be made available and posted in any additional
language the Ombudsperson considers necessary based on the
demographics of arriving noncitizen children.
(d) Orientation to Role of Office of the Ombudsperson.--Each State-
licensed program that operates a childcare facility shall provide to
each unaccompanied noncitizen child in its care--
(1) information about the Office of the Ombudsperson; and
(2) the contact information for the Office of the
Ombudsperson.
SEC. 203. STAFFING AND TRAINING.
(a) Federal Field Specialists.--The Director shall--
(1) maintain for each childcare facility a reasonable
Federal field specialist-to-unaccompanied noncitizen child
ratio;
(2) hire additional Federal field specialists as necessary
to ensure that, for the majority of unaccompanied noncitizen
children in the custody of the Secretary, a decision regarding
their release can be made by Federal field specialists not
later than 48 hours after the approval of a release
recommendation to a sponsor; and
(3) develop and manage a plan for expeditiously placing
unaccompanied noncitizen children who have no identified
sponsor in the least restrictive setting that most approximates
a family.
(b) Case Management Specialists.--The Director shall ensure that
each State-licensed program that operates a childcare facility--
(1) maintains a ratio of 8 unaccompanied noncitizen
children to each case management specialist;
(2) provides training for case management specialists that
enables the Department of Health and Human Services to meet
required timelines for the reunification of unaccompanied
noncitizen children in accordance with section 231(c); and
(3) develops accountability measures with respect to the
adherence of case management specialists to such timelines.
(c) Contingency Fund To Address Emergent Needs.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Secretary of Health and
Human Services, out of any money in the Treasury not otherwise
appropriated, $46,500,000, to remain available until expended,
for a contingency fund (referred to in this section as the
``Fund'') for the hiring of case management specialists as
required by an influx or any other emergent situation for the
purpose of facilitating the release process and minimizing the
risk that childcare facilities reach full capacity.
(2) Use of fund.--
(A) Discretionary use.--The Director may draw upon
the Fund to reduce the ratio to 6 unaccompanied
noncitizen children for each case management specialist
if--
(i) the national utilization rate
(excluding funded but unplaceable beds and
calculated as the number of filled beds divided
by the number of beds available for placement,
expressed as a percentage) reaches or exceeds
65 percent in any week; or
(ii) the Director certifies to Congress
that the rate of increase in childcare facility
usage, as calculated by the Director for
purposes of section 602(b)(3)(F)(i)(VI), has
led the Director to believe that such national
utilization rate will reach 90 percent in any
week during the subsequent 10-week period.
(B) Mandatory use.--The Director shall draw upon
the Fund to reduce the ratio to 6 unaccompanied
noncitizen children for each case management specialist
if such national utilization rate reaches or exceeds 90
percent in any week.
(d) Training.--
(1) In general.--With respect to the personnel of a State-
licensed program that operates a childcare facility, the
Director shall provide regular in-person training, and a
coaching plan with support for 30 days, for such personnel who
interact with unaccompanied noncitizen children, including
youth care workers, that is--
(A) specific to the age and gender of the
unaccompanied noncitizen children at the specific
childcare facility; and
(B) consistent across the Office of Refugee
Resettlement's network of State-licensed programs.
(2) Topics.--The training required by paragraph (1) shall
address the following topics:
(A) Ethical standards of conduct based on accepted
child welfare principles with respect to the care of
unaccompanied noncitizen children.
(B) Mental health and trauma.
(C) Child development.
(D) Prevention of sexual abuse and harassment.
(E) Cultural humility.
(F) Racial sensitivity.
(G) De-escalation techniques to avert unnecessary
involvement of local law enforcement prior to
exhaustion of alternative, trauma-informed care,
treatment, and restorative responses.
(H) Disabilities.
(3) Specific training for staff working with early
childhood minors.--The Director shall ensure that personnel who
interact with unaccompanied noncitizen children who are early
childhood minors receive specialized training relevant to the
needs and capacities of such children.
(4) Development of training materials.--The Director, in
collaboration with stakeholders who have expertise in child
migration, child mental health, and child development, shall--
(A) develop written, audio, or visual materials
with which training under this subsection may be
conducted; and
(B) before distribution to personnel of such State-
licensed programs, provide the Ombudsperson with such
materials.
(5) Department of health and human services staff.--Not
later than 90 days after the date of the enactment of this Act,
the Secretary shall provide appropriate guidance and training
for all Department of Health and Human Services employees with
respect to the requirements of this Act.
Subtitle B--Services for Unaccompanied Noncitizen Children
SEC. 211. REQUIRED SERVICES.
(a) Provision of Required Services.--A State-licensed program that
operates a childcare facility shall provide the following services for
each unaccompanied noncitizen child in its care:
(1) On admission to the childcare facility, a comprehensive
orientation regarding--
(A) the rights of the unaccompanied noncitizen
child;
(B) the role of the State-licensed program;
(C) the services, rules, procedures, and
expectations of the State-licensed program; and
(D) the availability of legal assistance.
(2) Proper physical care and maintenance, including
suitable living accommodations, food, appropriate clothing, and
personal hygiene items.
(3) Not later than 2 business days after admission to the
childcare facility, a comprehensive medical examination that
includes screening for infectious disease.
(4) Appropriate, ongoing, and routine medical and dental
care, as prescribed by a licensed physician, advanced practice
provider, nurse, or physician assistant, including--
(A) reproductive health and family planning
services;
(B) emergency health care services;
(C) immunizations in accordance with the Centers
for Disease Control and Prevention guidelines;
(D) administration of prescribed medication and
special diets; and
(E) mental health screening and intervention,
including referrals.
(5) An individualized needs assessment, which shall include
the following:
(A) Collection of essential data relating to the
identification and history of the unaccompanied
noncitizen child and family.
(B) Identification of any special needs of the
unaccompanied noncitizen child, including any need that
requires immediate intervention.
(C) An educational assessment and plan.
(D) An assessment of family relationships.
(E) A statement of religious preference and
practice.
(F) An assessment of the personal goals, strengths,
and weaknesses of the unaccompanied noncitizen child.
(G) Collection of identifying information regarding
immediate family members, other relatives, godparents,
or friends who may be residing in the United States and
who may be able to assist in family reunification.
(6) A comprehensive individual plan for the care of the
unaccompanied noncitizen child, which shall be--
(A) developed in accordance with the child's needs,
as determined by the individualized needs assessment
under paragraph (5); and
(B) implemented and closely coordinated through an
operative case management system.
(7) Education services, as described in section 213.
(8) Recreational activities, as described in section 214.
(9) Counseling services, including--
(A) not fewer than 2 weekly individual counseling
sessions conducted by licensed mental health
professionals, including social workers, psychologists,
and psychiatric staff; and
(B) not fewer than 1 weekly group counseling
session conducted by licensed mental health
professionals, including social workers, psychologists,
or psychiatric staff.
(10) Acculturation and adaptation services, including the
provision of information regarding the development of social
and interpersonal skills.
(11) Religious and spiritual services of the unaccompanied
noncitizen child's choice, if any.
(12) Case management services designed to identify
relatives or prospective sponsors in the United States and
ensure the quick release of the unaccompanied noncitizen child
from the custody of the Secretary.
(13) Visitation and contact with family members, regardless
of the immigration status of the family members. An
unaccompanied noncitizen child and family members of such a
child shall be provided with a private, confidential space to
meet in during such visitation. The Secretary of Homeland
Security may not pursue enforcement actions against such family
members during or immediately before or after such visitation.
(14) Telephone and video access for contacting parents,
family members, and caregivers, in a private space that ensures
confidentiality, at no cost to the unaccompanied noncitizen
child, family member, or caregiver. An unaccompanied noncitizen
child shall be permitted such access not fewer than 4 times
weekly for a period of not less than 30 minutes each time.
(15) A reasonable right to privacy, including the right of
the unaccompanied noncitizen child--
(A) to wear the child's own clothes, as available;
(B) to retain a private space in the childcare
facility for the storage of personal belongings;
(C) to talk privately on the telephone, as
permitted by the rules and regulations of the State-
licensed program;
(D) to visit privately with guests, as permitted by
such rules and regulations; and
(E) to receive and send uncensored correspondence.
(16) Legal services information regarding the availability
of free legal assistance, the right to be represented by
counsel, screenings and legal orientation presentations, and
facilitated, confidential access to counsel, as described in
title IV.
(b) Considerations for Provision of Services.--A State-licensed
program that operates a childcare facility shall provide the services
described in subsection (a) in a manner that is sensitive to the age,
culture, native language, and complex needs of each unaccompanied
noncitizen child.
(c) Rules and Discipline Standards.--
(1) In general.--The rules and discipline standards of such
a State-licensed program shall be--
(A) formulated with consideration given to the age
ranges, developmental stages, and degree of trauma
experienced by the unaccompanied noncitizen children in
the applicable childcare facility; and
(B) culturally sensitive to the needs of such
children.
(2) Prohibited measures.--Such a State-licensed program may
not subject any unaccompanied noncitizen child to--
(A) corporal punishment, physical or chemical
restraint, seclusion, humiliation, verbal or mental
abuse, or punitive interference with the daily
functions of living, such as eating, sleeping, or
bathroom access; or
(B) any disciplinary measure that--
(i) adversely affects the health or
physical or psychological well-being of the
unaccompanied noncitizen child; or
(ii) denies an unaccompanied noncitizen
child regular meals, water, sleep, exercise,
medical care, correspondence privileges, legal
assistance, education, recreation, bathroom
access, or any other service described in
subsection (a).
(d) Recordkeeping.--
(1) Individual case records.--The operator of each
childcare facility and influx facility shall develop, maintain,
and safeguard individual client case records on each
unaccompanied noncitizen child in care at the facility.
(2) Confidentiality.--The operator of each childcare
facility and influx facility shall develop and maintain a
system of accountability that preserves the confidentiality of
client information and protects such records from unauthorized
use or disclosure in accordance with section 804.
(3) Reporting.--The operator of each childcare facility and
influx facility shall maintain adequate records and make
regular reports, as required by the Ombudsperson, that permit
the Ombudsperson to monitor and enforce this Act, the
amendments made by this Act, and any other requirement or
standard determined by the Ombudsperson to be in the best
interests of unaccompanied noncitizen children.
SEC. 212. EVALUATION FOR DISABILITY.
(a) In General.--The Director shall provide unaccompanied
noncitizen children who present an indication of a disability with an
evaluation for services under section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), and provide unaccompanied noncitizen children
with disabilities with services (including accommodations) through an
individualized plan that includes a plan for prompt release.
(b) Records.--Any record of a screening or an evaluation conducted
under this section, and any record related to a decision with respect
to the release of an unaccompanied noncitizen child with a disability,
shall be maintained separately from the unaccompanied noncitizen
child's immigration file (commonly known as an ``A-File'').
SEC. 213. EDUCATION.
(a) Curriculum.--
(1) State standards.--A State-licensed program shall
provide educational instruction to unaccompanied noncitizen
children using a curriculum that--
(A) includes access to physical education, art, and
other electives; and
(B) is consistent with the licensing and academic
standards of the State in which the State-licensed
program is located.
(2) Basic academic areas.--The basic academic areas covered
by such curriculum shall include science, social studies, math,
reading, and writing.
(b) Licensing and Certification Requirements.--
(1) In general.--Teachers, administrators, counselors, and
support staff providing education to unaccompanied noncitizen
children at a childcare facility shall--
(A) meet local and State certification or licensure
requirements; and
(B) in the case of an unaccompanied noncitizen
child in custody for a period longer than 60 days or
who was previously attending school in the United
States, ensure that the child receives transferable
credit.
(c) Instruction.--
(1) In general.--Educational instruction at a childcare
facility shall be--
(A) appropriate to the level of development and
communication skills of an unaccompanied noncitizen
child; and
(B) provided in a structured classroom setting on a
weekly basis Monday through Friday.
(2) Class size.--An unaccompanied noncitizen child may not
be placed in a class in which the teacher-to-student ratio
exceeds the applicable State maximum ratio.
(d) Language Access and Educational Environment.--The educational
program at a childcare facility shall--
(1) include instruction and reading materials, educational
and otherwise, in the primary languages of the unaccompanied
noncitizen children at the childcare facility; and
(2) be provided in an emotionally, culturally, and
physically safe environment.
(e) Individual Education Program.--A State-licensed program that
operates a childcare facility shall provide any eligible unaccompanied
noncitizen child who is a child with a disability (as defined in
section 602 of the Individuals with Disabilities Education Act (20
U.S.C. 1401)) with special education and related services pursuant to
an individualized education program that is developed for the
unaccompanied noncitizen child and is consistent with the requirements
provided under the Individuals with Disabilities Education Act (20
U.S.C. 1401 et seq.).
(f) Other Educational Opportunities.--The educational program of
such a State-licensed program shall include educational opportunities
addressing personal, social, emotional, intellectual, and employment
skills.
SEC. 214. RECREATION.
(a) In General.--A State-licensed program that operates a childcare
facility shall provide recreational opportunities that meet or exceed--
(1) the guidelines of the Department of Health and Human
Services entitled ``2018 Physical Activity Guidelines for
Americans''; and
(2) the guidelines of the President's Council on Sports,
Fitness, and Nutrition.
(b) Activities.--
(1) In general.--Activities for recreation and leisure
time, which shall include daily outdoor activity, weather
permitting, shall include--
(A) not less than 1 hour daily of large-muscle
activity; and
(B) not less than 1 hour daily of structured
leisure time activities, which shall not include time
spent watching television or video.
(2) Days on which school is not in session.--The periods
scheduled for activities described in paragraph (1) shall be
increased to a total of 3 hours daily on any day on which
school is not in session.
(3) Recreation areas.--Not less frequently than weekly, a
State-licensed program that does not have an adequate on-site
recreation area shall take children to off-site parks,
community recreation centers, or other suitable locations.
(4) Language-appropriate reading materials.--A State-
licensed program shall provide appropriate reading materials in
the preferred languages of unaccompanied noncitizen children
for use during leisure time.
Subtitle C--Placement of Children
SEC. 221. PHASING OUT LARGE CONGREGATE CARE FACILITIES.
(a) Definition of Large Congregate Care Facility.--In this section,
the term ``large congregate care facility'' means a facility intended
to house more than 25 individuals at a time.
(b) Phaseout.--
(1) In general.--Beginning on the date that is 2 years
after the date of the enactment of this Act--
(A) the Director may not place an unaccompanied
noncitizen child in a large congregate care facility;
and
(B) no Federal funds shall be made available for
the purpose of--
(i) housing an unaccompanied noncitizen
child in such a facility; or
(ii) placing an unaccompanied noncitizen
child in any congregate care facility for a
period longer than 14 days.
(2) Exception.--Paragraph (1) shall not apply to any of the
following:
(A) An influx facility.
(B) A setting specializing in prenatal, postpartum,
or parenting support for youth.
(C) A supervised independent living setting under
the post-18 program described in section 243(c).
(D) A program addressing the needs of victims of
trafficking.
(E) A qualified residential treatment program
specifically designed to meet the needs of a child with
serious emotional or behavioral health needs.
(c) Plan Required.--
(1) In general.--The Director shall develop a plan to
eliminate the use of large congregate care facilities by the
date that is 2 years after the date of the enactment of this
Act.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Specific measures the Director will take to
eliminate the use of such facilities.
(B) Performance benchmarks that require the
Director to place unaccompanied noncitizen children in
compliant congregate care facilities as follows:
(i) 25 percent of such children not later
than the date that is 1 year after the date of
the enactment of this Act.
(ii) 75 percent of such children not later
than 545 days after such date of enactment.
(iii) 100 percent of such children not
later than 2 years after such date of
enactment.
(3) Submittal to congress.--Not later than 90 days after
the date of the enactment of this Act, the Director shall
submit to Congress the plan developed under paragraph (1).
(d) Transitional Support for Nongovernmental Organizations.--To the
extent that the transition to childcare facilities housing 25
unaccompanied noncitizen children or fewer affects nongovernmental
organizations that provide services to such children, the Director
shall increase funding to such organizations--
(1) to prevent a disruption or decrease in services;
(2) to establish centralized locations for unaccompanied
noncitizen children to receive services from such
organizations; and
(3) to increase funding for representation of released
children.
SEC. 222. LEAST RESTRICTIVE SETTING.
An unaccompanied noncitizen child in the custody of the Secretary
shall be placed in the least restrictive setting that most approximates
a family and in which the child's special needs, if any, may be met
consistent with the best interests and special needs of the child.
SEC. 223. FOSTER FAMILY CARE.
(a) Preference for Foster Family Care.--
(1) In general.--With respect to an unaccompanied
noncitizen child in the custody of the Secretary, the Director
shall make active efforts to place the child in the least
restrictive setting that most approximates a family and in
which the child's special needs, if any, may be met.
(2) Additional consideration.--Such an unaccompanied
noncitizen child shall be placed within reasonable proximity to
the location of the child's immigration proceedings, taking
into account any special needs of the child before placing the
child in a childcare facility.
(b) Transitional Foster Care.--
(1) In general.--An unaccompanied noncitizen child whose
length of care in the custody of the Secretary is anticipated
to be not more than 30 days shall be eligible for a
transitional foster care placement in a family home licensed to
provide such shorter term care.
(2) Priority.--The Director shall prioritize for placement
in transitional foster care the following categories of
unaccompanied noncitizen children:
(A) Unaccompanied noncitizen children under 13
years of age.
(B) Sibling groups with 1 or more siblings who are
under 13 years of age.
(C) Unaccompanied noncitizen children who are
pregnant or parenting.
(D) Unaccompanied noncitizen children with special
needs, including any unaccompanied noncitizen child
with a disability.
(c) Stays Expected To Extend More Than 30 Days.--
(1) In general.--An unaccompanied noncitizen child whose
length of care in the custody of the Secretary is anticipated
to be more than 30 days, or a noncitizen who entered the
custody of the Secretary as a child and who has reached the age
of 18 years, shall be eligible for a long-term foster care
placement in the least restrictive setting that most
approximates a family and in which the child's best interests
and any special needs may be met.
(2) Contracting requirements.--The Director shall--
(A) seek to enter into 1 or more contracts with
State-licensed foster care providers for the provision
of long-term foster care placements for all eligible
unaccompanied noncitizen children; and
(B) ensure that such providers accept unaccompanied
noncitizen children for placement in a timely manner.
(d) Access to Foster Care for Children With Disabilities or Mental
or Behavioral Health-
Related Needs.--
(1) In general.--The Director shall--
(A) ensure access to transitional and long-term
foster care placements for unaccompanied noncitizen
children notwithstanding--
(i) disabilities;
(ii) behavioral concerns or involvement in
the juvenile justice system;
(iii) prior incident reports; or
(iv) prior or current restrictive
placements (as defined in section 226); and
(B) seek to enter into 1 or more contracts with
foster care providers that have the documented capacity
and commitment to accept children regardless of
disabilities or mental or behavioral health-related
needs.
(2) Equal access.--
(A) In general.--An unaccompanied noncitizen child
with mental or behavioral health-related needs who does
not pose a documented, imminent threat to himself or
herself, to others, or to the community shall be
eligible for, and shall be provided equal access to, a
foster care placement.
(B) Eligibility for transfer.--If such a child is
in a restrictive placement, he or she shall be eligible
for direct transfer to a foster care placement.
(3) Limitation on refusal of placement.--A State-licensed
program that operates a childcare facility may not refuse
placement of an unaccompanied noncitizen child based on a
disability or a mental or behavioral health-related need absent
individualized documentation that--
(A) State licensing requirements bar acceptance of
the specific unaccompanied noncitizen child based on
the child's individual needs; and
(B) a request for a variance from such a
requirement has been denied or is unavailable under
State law.
(e) Background Checks.--
(1) In general.--The Director shall ensure that a Federal
Bureau of Investigation background check and, in any applicable
State, a child abuse or neglect registry check, has been
conducted for each resident of a foster care placement for an
unaccompanied noncitizen child.
(2) Limitation on denial of placement.--The Director shall
deny the foster care placement for an unaccompanied alien child
if the criminal history of a resident of a potential foster
care placement includes a conviction--
(A) for child abuse or trafficking; or
(B) that has a direct and immediate impact on the
safety of the unaccompanied alien child.
SEC. 224. ADDITIONAL REQUIREMENTS RELATING TO CHILDREN WITH
DISABILITIES AND CHILDREN WITH MENTAL HEALTH NEEDS.
(a) Prioritization of Release.--The Director shall prioritize the
release to sponsors of unaccompanied noncitizen children with
disabilities so that such children may receive, in the community rather
than in immigration custody, evidence-based, trauma-informed services
tailored to their needs.
(b) Access to Services While in Custody.--In the case of an
unaccompanied noncitizen child with disabilities who cannot be
expeditiously released, the Director shall provide access to any
necessary service in the least restrictive integrated setting possible
until a family-based placement is secured.
(c) Support.--The Director shall support unaccompanied noncitizen
children with disabilities by--
(1) contracting with a range of placements so as to ensure
that integrated settings are available for such children;
(2) providing resources to support placement, such as by
connecting providers with community-based services or assisting
with licensing variances; and
(3) developing and delivering trauma-informed disability-
related training to all frontline care provider staff, in
collaboration with stakeholders who have expertise in serving
children with disabilities.
(d) Network Capacity.--Not less than 75 percent of all childcare
facilities and foster care placements shall have appropriate State
licensing and documented capability to house unaccompanied noncitizen
children with disabilities.
SEC. 225. MINIMIZING TRANSFERS.
(a) In General.--The Director shall--
(1) minimize transfer of unaccompanied noncitizen children
among childcare facilities and between short-term and long-term
foster care placements; and
(2) ensure that--
(A) the Ombudsperson tracks any third or subsequent
transfer of a child between childcare facilities or
placements;
(B) unaccompanied noncitizen children remain in the
least restrictive settings that most approximate a
family; and
(C) unaccompanied noncitizen children who are
siblings are housed together in the same childcare
facility unless there is an extraordinary need for
specialized care, such as inpatient health care
services.
(b) Notice.--
(1) In general.--In the case of an unaccompanied noncitizen
child who is transferred to another childcare facility or
foster family home placement, not less than 48 hours before the
transfer occurs, the Director shall--
(A) notify the child in a language and format the
child understands; and
(B) notify and provide a justification for the
transfer to the child's sponsor, legal counsel or local
legal services provider, and child advocate, as
applicable.
(2) Exception.--
(A) In general.--Paragraph (1) shall not apply in
an unusual and compelling circumstance, such as--
(i) a circumstance in which--
(I) the safety of the unaccompanied
noncitizen child or any other
individual is threatened; or
(II) the child has previously
attempted to abscond from custody; or
(ii) a case in which the unaccompanied
noncitizen child's legal counsel has waived
notice under that paragraph.
(B) Notice after transfer.--In the case of a
circumstance or waiver described in subparagraph (A),
notice shall be provided to the unaccompanied
noncitizen child's legal counsel or local legal
services provider, and child advocate, as applicable,
not later than 24 hours after the transfer.
(c) Possessions and Legal Papers.--The Director shall ensure that
any unaccompanied noncitizen child is transferred with all of his or
her possessions and legal papers.
SEC. 226. RESTRICTIVE PLACEMENTS.
(a) Definitions.--In this section:
(1) Restrictive placement.--The term ``restrictive
placement'' means--
(A) a staff-secure facility;
(B) a therapeutic staff-secure facility; and
(C) a placement in any setting other than a
childcare facility, an influx facility, or licensed
foster care placement.
(2) Therapeutic childcare facility.--The term ``therapeutic
childcare facility'' means a--
(A) congregate care facility for the purpose of
rehabilitation or residential treatment; and
(B) an out-of-network facility or group home the
staff of which has specialized training to care for
children and adolescents with significant emotional,
behavioral, social, or medical needs.
(b) Placement Review Hearings for Transfers to Restrictive
Placements.--
(1) In general.--In the case of transfer of an
unaccompanied noncitizen child to a restrictive placement, the
Director shall provide an administrative placement review
hearing conducted in accordance with sections 554 through 557
of title 5, United States Code.
(2) Notice.--
(A) In general.--Except as provided in subparagraph
(B), the Director shall provide written notice of
intent to transfer an unaccompanied noncitizen child to
a restrictive placement to the child concerned and the
child's legal counsel and child advocate.
(B) Exception.--The Director may transfer an
unaccompanied noncitizen child to a restrictive
placement without providing notice under subparagraph
(A) only if the Director has a reasonable belief, based
on clearly articulable facts, that the child is a
present, imminent danger to himself or herself or to
others.
(C) Elements.--A notice required by subparagraph
(A) shall include, in a language and format the
unaccompanied noncitizen child understands, the
following:
(i) The time, date, and location of the
hearing under paragraph (1).
(ii) A description of the individualized
allegations relied on by the Director in
support of such transfer, including all
supporting evidence.
(iii) An explanation that the unaccompanied
noncitizen child--
(I) has a right to contest such
transfer at such hearing; and
(II) may submit additional
evidence, including witness testimony.
(3) Timing of hearing.--A hearing under this subsection
shall occur not less than--
(A) 72 hours after the unaccompanied noncitizen
child concerned receives notice under paragraph (2);
and
(B) 5 business days before the transfer to the
restrictive placement is scheduled to occur.
(4) Procedural matters.--
(A) Neutral fact finder.--A hearing under this
subsection shall be presided over by a neutral fact
finder who--
(i) is not an employee of the Office of
Refugee Resettlement; and
(ii) has expertise in child welfare.
(B) Rights of child.--
(i) In general.--At a hearing under this
subsection, an unaccompanied noncitizen child
shall have--
(I) the right to counsel; and
(II) the right and opportunity to
confront, inspect, and rebut the
evidence alleged to justify the
transfer to a restrictive placement.
(ii) Waiver of presence.--With the
assistance of counsel, an unaccompanied
noncitizen child may waive his or her presence
at a hearing under this subsection.
(C) Availability of office of refugee resettlement
records.--The Director shall disclose to the
unaccompanied noncitizen child concerned and the legal
counsel and child advocate of the child, as applicable,
the child's entire case file and all evidence
supporting the determination to transfer the child to a
restrictive placement--
(i) not later than 24 hours after such
determination is made; and
(ii) not less than 2 days before the date
of the hearing under this subsection.
(D) Interpretation services.--An interpreter in the
preferred language of the unaccompanied noncitizen
child shall be made available for a hearing under this
subsection.
(E) Burdens of production and proof.--The Director
shall have the burden of production and the burden of
proof, by clear and convincing evidence, to establish
that--
(i) the unaccompanied noncitizen child is a
present danger to himself or herself or to
others;
(ii) a restrictive placement is consistent
with the best interests of the child;
(iii) there is no viable alternative to a
restrictive placement to ensure the best
interests of the child; and
(iv) the child's placement in a facility
that is not a restrictive placement would not
provide the services or resources necessary.
(F) Record of proceedings.--The record of
proceedings for a hearing under this subsection, and
all related documentation--
(i) shall be maintained separately and
apart from the unaccompanied noncitizen child's
immigration file (commonly called the ``A-
File''); and
(ii) shall not form any part of, and shall
not be relied upon, in any removal proceedings
or any adjudication carried out by U.S.
Citizenship and Immigration Services, including
with respect to final decisions and
discretionary factors.
(5) Written decision.--
(A) In general.--Not later than 2 business days
before the date on which the unaccompanied noncitizen
child concerned is scheduled to be transferred to a
restrictive placement, the fact finder shall issue a
written decision approving or denying such transfer,
which shall be binding on the Office of Refugee
Resettlement.
(B) Consideration of best interest
recommendation.--In making a decision on such a
transfer, the fact finder shall consider, and respond
in writing to, the recommendation of the child advocate
of the unaccompanied noncitizen child concerned.
(C) Elements.--A written decision under this
paragraph shall--
(i) set forth a detailed, specific, and
individualized justification for the decision;
and
(ii) notify the unaccompanied noncitizen
child of the child's--
(I) right to placement review
hearings under subsection (e);
(II) right to seek review of the
decision by the Ombudsperson under
paragraph (6); and
(III) right to seek judicial review
of the decision.
(D) Language access.--The decision shall be made
available in a language and in a format the
unaccompanied noncitizen child understands.
(E) Submission to ombudsperson.--Not later than 72
hours after a decision in a placement review hearing is
issued under this paragraph, the fact finder shall
submit the decision to the Ombudsperson.
(6) Review by ombudsperson.--
(A) In general.--On request by an unaccompanied
noncitizen child or the legal counsel or child advocate
of the child, the Ombudsperson shall carry out a review
of a decision under paragraph (5), which shall be
completed not later than 15 days after the date on
which the request for review is made.
(B) Recommendation.--
(i) In general.--In carrying out a review
under this paragraph, the Ombudsperson may make
a recommendation with respect to whether such
decision should be modified.
(ii) Finding of erroneous decision.--
(I) In general.--If the
Ombudsperson determines that the
decision under paragraph (5) was
erroneous, the Ombudsperson shall
submit to the Director a recommendation
for further action.
(II) Written statement.--
(aa) In general.--If the
Director declines to follow the
recommendation of the
Ombudsperson, the Director
shall provide a detailed
written justification to the
child, the prospective sponsor,
the legal counsel and the child
advocate of the child, and the
legal counsel of the
prospective sponsor, as
applicable.
(bb) Nondelegation.--The
Director may not delegate the
requirement to issue such a
written statement to any other
individual.
(c) Limitations on Placement in Secure Facilities and Staff-Secure
Facilities.--
(1) In general.--The Director may not place an
unaccompanied noncitizen child in a staff-secure facility based
solely on a risk of self-harm or behavior related to the
child's trauma or mental health that could be addressed in a
less restrictive setting with additional accommodations or
rehabilitative care.
(2) Secure facilities.--The Director may never hold or
place an unaccompanied noncitizen child in a secure facility.
(3) Staff-secure facilities.--
(A) In general.--The Director may only hold or
place an unaccompanied noncitizen child in a staff-
secure facility if--
(i) there is clear and convincing evidence
that the child poses a serious and imminent
danger to others at the time of placement;
(ii) upon holistic review of the child's
file, there is clear and convincing evidence
that the assessed danger does not stem from the
child's trauma or mental health conditions; and
(iii) even with additional accommodations
and de-escalation measures, the child cannot be
adequately cared for in a less restrictive
setting or rehabilitative care.
(B) Duration.--The Director may only hold an
unaccompanied noncitizen child in a staff-secure
facility under subparagraph (A) during the period in
which the Director can demonstrate that the conditions
described in that subparagraph exist.
(C) Transfer.--The Director shall consider transfer
of the child to a less restrictive placement as soon as
these requirements are no longer met, even if the child
has been in the placement for less than 30 days.
(4) Prohibition on placement in u.s. immigration and
customs enforcement facilities.--The Director may not place any
noncitizen child in--
(A) a U.S. Immigration and Customs Enforcement
facility; or
(B) a facility operated by contract with U.S.
Immigration and Customs Enforcement.
(d) Placement in Therapeutic Childcare Facilities.--
(1) Limitation.--The Director may place an unaccompanied
noncitizen child in a therapeutic childcare secure facility
only if--
(A) the unaccompanied noncitizen child has received
a detailed, individualized evaluation by a licensed
psychologist or psychiatrist who is experienced in the
care of children; and
(B) the mental health professional conducting the
evaluation under subparagraph (A) has determined that--
(i) the child poses a substantial risk of
harm to himself or herself or to others;
(ii) such placement is in the best
interests of the child; and
(iii) even with additional accommodations
or rehabilitative care, at the time of
placement, the child cannot be adequately cared
for in a less restrictive setting until the
child receives services provided in such a
placement.
(2) Preference for community-based therapeutic foster
care.--Before placing an unaccompanied noncitizen child in a
therapeutic childcare facility, the Director shall first seek
to place the child in a family-based therapeutic foster care
placement.
(3) Applicability of other provisions.--The procedures
relating to transfers, notice, and placement review hearings
under this title apply equally to unaccompanied noncitizen
children placed in residential treatment centers and other
therapeutic childcare facilities.
(4) Services to be provided.--
(A) Evaluation.--
(i) In general.--An unaccompanied
noncitizen child placed in a therapeutic
childcare facility shall be evaluated by a
licensed psychologist or psychiatrist who is
experienced in the care of children.
(ii) Report.--The mental health
professional conducting the evaluation under
clause (i) for an unaccompanied noncitizen
child shall--
(I) issue a written report that
sets forth--
(aa) the reasons for such
placement;
(bb) treatment goals; and
(cc) a plan specific to the
child for transition to a less
restrictive setting; and
(II) make such report available to
the unaccompanied noncitizen child and
the child advocate of the child.
(B) Access to counsel.--The operator of a
residential treatment center or any other therapeutic
childcare facility for unaccompanied noncitizen
children shall provide access to--
(i) legal services; and
(ii) existing legal counsel and child
advocates of such children, as applicable.
(e) Monthly Review Hearing.--
(1) In general.--Not less frequently than monthly, each
unaccompanied noncitizen child in a restrictive placement shall
be afforded a placement review hearing to determine whether
continued placement in the restrictive placement is
appropriate.
(2) Conduct of hearings.--A hearing under this subsection
shall be conducted in accordance with the procedures and
standards for placement review hearings under subsection (b).
(3) Report by mental health provider.--With respect to an
unaccompanied noncitizen child who is in a therapeutic
childcare facility not later than 5 days before a hearing under
this subsection, a licensed psychologist or psychiatrist who is
experienced in the care of children shall submit to the fact
finder a detailed report on the mental health needs of the
unaccompanied noncitizen child concerned.
(4) Written decision.--
(A) In general.--The fact finder shall issue a
written decision continuing or terminating the
restrictive placement of the unaccompanied noncitizen
child concerned, which shall be binding on the Office
of Refugee Resettlement.
(B) Consideration of best interest
recommendation.--In making a decision on such
placement, the fact finder shall consider--
(i) the best interest recommendation of the
child advocate with respect to the
unaccompanied noncitizen child concerned; and
(ii) the findings contained in the report
submitted under paragraph (3).
(C) Elements.--A written decision under this
paragraph shall--
(i) set forth a detailed, specific, and
individualized justification for the decision;
and
(ii) notify the unaccompanied noncitizen
child of--
(I) the right to further placement
review hearings under this subsection;
and
(II) the right to seek judicial
review of the decision.
(D) Language access.--The decision shall be made
available in a language and in a format the
unaccompanied noncitizen child understands.
(5) Record of proceedings.--The record of proceedings for a
hearing under this subsection, and all related documentation--
(A) shall be maintained separately and apart from
the unaccompanied noncitizen child's immigration file
(commonly called the ``A-File''); and
(B) shall not form any part of, and shall not be
relied upon, in any removal proceedings or any
adjudication carried out by U.S. Citizenship and
Immigration Services, including with respect to final
decisions and discretionary factors.
(f) Placement of Unaccompanied Noncitizen Children With
Disabilities in Restrictive Placements.--
(1) In general.--An unaccompanied noncitizen child who is
receiving services under section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794) shall not be placed in a facility that
does not have access to such services.
(2) Needs determination.--
(A) In general.--Before placing such an
unaccompanied noncitizen child in a restrictive
setting, the Director shall make a determination as to
whether the needs of the child can be met in a more
integrated setting.
(B) Elements.--A determination under subparagraph
(A) shall include--
(i) an identification of the relevant
trauma-informed, evidence-based services and
accommodations that have been identified as
potentially relevant;
(ii) a description of any such service or
accommodation that has been provided and the
period of time in which the service or
accommodation has been provided;
(iii) if any such service or accommodation
has been ineffective, an assessment of the
reason; and
(iv) an assessment of whether additional
services or accommodations could be provided at
the child's current placement.
(3) Services available in a less restrictive placement.--
(A) In general.--If services are identified that
have the potential to maintain such an unaccompanied
noncitizen child in a less restrictive placement, the
Director shall ensure that the child receives such
services before the Director considers a transfer to a
restrictive placement.
(B) Identification of services and
accommodations.--
(i) In general.--For each such
unaccompanied noncitizen child, at each
placement review hearing under subsection (e),
the Director shall explicitly identify services
and accommodations that could be made available
in a less restrictive placement.
(ii) Justification.--A recommendation by
the Director against placing such an
unaccompanied noncitizen child in a less
restrictive placement shall be supported by
specific documentation as to the reasons that,
even with such accommodations, the child cannot
be safely placed in a less restrictive
placement.
(4) Independent review.--
(A) In general.--In the case of such an
unaccompanied noncitizen child whom the Director
intends to transfer to a restrictive placement, before
the child's placement review hearing, the decision to
so transfer shall be reviewed by an independent third-
party licensed psychologist or psychiatrist who is
experienced in the care of children in accordance with
a standardized process for evaluating the data and
presented rationale, including a consideration of
accommodations that could avoid the need for
restrictive placement.
(B) Continued restrictive placement.--In the case
of such an unaccompanied noncitizen child in a
restrictive placement whom the Director does not intend
to transfer to a less restrictive placement, before the
child's next placement review hearing, the decision
shall be reviewed by an independent third-party
licensed psychologist or psychiatrist who is
experienced in the care of children, in accordance with
a standardized process for evaluating the data and
presented rationale, including a consideration of
accommodations that could avoid the need for
restrictive placement.
(C) Report.--Not later than 45 days after
conducting a review under this paragraph, the
independent third-party mental health professional
shall issue a written report describing the results of
the review to the fact finder, the child concerned, the
legal counsel and child advocate of such child, and the
Director.
SEC. 227. JUDICIAL REVIEW OF PLACEMENT.
(a) In General.--An unaccompanied noncitizen child, or the parent,
legal guardian, or nonparent family member of the child, with the
consent of the child, may seek judicial review in a district court of
the United States of--
(1) a determination with respect to the type of childcare
facility in which the child is placed; or
(2) a sponsorship determination.
(b) Venue.--Venue for judicial review under subsection (a) may be
found in--
(1) the district in which the original childcare facility
in which the unaccompanied noncitizen child concerned was
placed is located; or
(2) the district in which the childcare facility to which
the unaccompanied noncitizen child was transferred is located.
(c) Limited Review.--Review under this section shall be limited to
entering an order solely affecting the individual claims of the
unaccompanied noncitizen child or the parent, legal guardian, or
prospective sponsor seeking such review.
(d) Agency Exercise of Discretion Reviewed De Novo.--The exercise
of discretion by the Secretary or the Secretary of Homeland Security in
making a placement decision reviewed under this section shall be
reviewed de novo.
(e) Bond Redetermination.--An unaccompanied noncitizen child in
removal proceedings shall be afforded a bond redetermination hearing
before an immigration judge in every case, unless the child indicates
on the notice of custody determination form that he or she waives the
right to such a hearing.
Subtitle D--Family Reunification and Standards Relating to Sponsors
SEC. 231. FAMILY REUNIFICATION EFFORTS BY OFFICE OF REFUGEE
RESETTLEMENT.
(a) In General.--During the period in which an unaccompanied
noncitizen child is in the custody of the Secretary, the Director
shall--
(1) provide individualized, onsite case management and
family reunification services;
(2) ensure that--
(A) a case manager contacts the child not later
than 48 hours after the child is transferred to the
custody of the Secretary; and
(B) in the case of case manager reassignment, the
case manager reassigned to the child contacts the child
not later than 24 hours after such reassignment;
(3) make and document prompt, active, and continuous
efforts towards family reunification and release; and
(4) work diligently--
(A) to review family reunification applications
from prospective sponsors; and
(B) to assist prospective sponsors in completing
such applications and complying with sponsor
requirements.
(b) Preference for Release.--The Director may release an
unaccompanied noncitizen child from the custody of the Secretary to a
sponsor who is, in the order of preference, any of the following:
(1) A parent.
(2) A legal guardian.
(3) An adult relative.
(4) An adult individual, or an entity, designated by the
parent or legal guardian of the unaccompanied noncitizen child
as capable and willing to care for the child's well-being,
which designation is supported by--
(A) a declaration signed by the parent or legal
guardian under penalty of perjury before an immigration
or consular officer; or
(B) such other document that makes such a
designation and establishes the affiant's parentage or
guardianship.
(5) A licensed program willing to accept legal custody of
the child.
(6) An adult individual or entity seeking custody of the
child.
(c) Timelines for Reunification.--The Director shall use the
information collected under, and data requirements described in,
section 602(b)--
(1) to determine the characteristics that exert significant
effect on the reunification of unaccompanied noncitizen
children with a sponsor;
(2) to establish categories of children who exhibit such
characteristics, which categories shall distinguish between--
(A)(i) children released to parents or legal
guardians; and
(ii) children released to other sponsors; and
(B)(i) children who have home studies mandated by
section 235 of the Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232);
(ii) children granted home studies through the
discretion of the Director; and
(iii) other children;
(3) to establish timelines for reunification appropriate to
each such category of children;
(4) to monitor ongoing reunification efforts for compliance
with such timelines; and
(5) to identify systematic barriers to release for children
in such categories.
(d) Systematic Barriers To Release.--The Director shall eliminate
any administrative hindrance identified as a systemic barrier to
release under subsection (c)(4).
(e) Expedited Reunification of Early Childhood Minors.--The
Director shall develop procedures to facilitate the expedited
reunification of unaccompanied noncitizen children who are early
childhood minors with family members seeking to serve as sponsors.
(f) Limitation on Remote Services.--Case management and family
reunification services may only be provided remotely for unaccompanied
noncitizen children housed in an influx facility or a childcare
facility activated for use during an influx.
(g) Recordkeeping.--The Director shall maintain a written record of
the efforts made by the Office of Refugee Resettlement to reunify and
release each unaccompanied noncitizen child in the custody of the
Secretary.
SEC. 232. STANDARDS RELATING TO SPONSORS.
(a) Procedures and Protections.--
(1) In general.--The Director shall not impose sponsor
requirements (including application deadlines and requests for
information or documentation about prospective sponsors, the
household members of prospective sponsors, or other
individuals) that do not have a substantial and direct impact
on child safety.
(2) Nondiscrimination.--In reviewing an application for
sponsorship, the Director may not rely on the national origin,
immigration status, language, religion, sexual orientation, sex
(including gender identity or gender expression), color, or
race of the child concerned or of the prospective sponsor to
delay or deny the application.
(3) Prohibition on certain reasons for sponsorship
denial.--A prospective sponsor may not be denied sponsorship
solely due to--
(A) poverty, use of public assistance, lack of
employment or health insurance, or past or current
health conditions that do not have a substantial and
direct impact on child safety;
(B) absence of a pre-existing relationship with the
unaccompanied noncitizen child concerned; or
(C) immigration status.
(4) Legal rights of prospective sponsors.--
(A) In general.--In making decisions about the
sponsorship of an unaccompanied noncitizen child, the
Director shall--
(i) take into consideration the legal
rights of any parent, legal guardian, or family
member who is seeking sponsorship of the child;
and
(ii) ensure that Office of Refugee
Resettlement processes for ensuring the child's
safe release do not interfere with such rights.
(B) Parents.--A parent shall not be denied
reunification with their child absent a determination
supported by clear and convincing evidence that custody
of the child by the parent is likely to result in
serious emotional or physical damage to the child.
(5) Assessment required.--
(A) In general.--The Director may only release an
unaccompanied noncitizen child to an individual or a
licensed program for whom a prospective sponsor
assessment has been completed, consistent with the
requirements of section 235(c)(3) of the William
Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)).
(B) Elements.--A sponsor assessment shall include--
(i) a completed family reunification
application; and
(ii) consideration of the wishes and
concerns of the unaccompanied noncitizen child
concerned.
(C) Opportunity to address concerns.--A prospective
sponsor shall be afforded the opportunity to address
any concern raised during the sponsor assessment
process before the prospective sponsor's application is
denied.
(D) Background checks.--
(i) In general.--Fingerprint-based checks
of national crime information databases (as
defined in section 534(f)(3) of title 28,
United States Code) may be requested for
prospective sponsors if a public records check
of the sponsor reveals safety concerns or there
is a documented risk to the safety of the
child.
(ii) Limitation.--The Director shall deny
sponsorship for an unaccompanied noncitizen
child if the criminal history of a prospective
sponsor or a household member of the sponsor
includes a conviction--
(I) for child abuse or trafficking;
or
(II) that has a direct and
immediate impact on the safety of the
unaccompanied noncitizen child.
(6) Safeguards.--
(A) In general.--The Director shall implement
safeguards to prevent any information obtained in the
course of the sponsor assessment process from being
used for any purpose other than assessing the sponsor's
fitness to care for an unaccompanied noncitizen child.
(B) Applicability.--Such safeguards shall apply
regardless of the outcome of the prospective sponsor's
application.
(7) Annual evaluation.--
(A) In general.--Not less frequently than annually,
the Director shall conduct an evaluation of Office of
Refugee Resettlement policies and practices to
determine whether such policies and practices create
unnecessary barriers to release or result in delays in
unaccompanied noncitizen children's prompt release to
sponsors.
(B) Submission to ombudsperson.--The Director shall
submit each evaluation conducted under subparagraph (A)
to the Ombudsperson.
(b) Sponsorship Determination.--
(1) In general.--Not later than 7 days after the date on
which the Director receives a family reunification application
from a prospective sponsor, the Director shall make a
determination with respect to whether the unaccompanied
noncitizen child concerned may be placed with the sponsor.
(2) Consideration of effect of denial.--In making a
determination under paragraph (1), the Director shall take into
consideration the effect a denial of the application, and
continued immigration custody for the unaccompanied noncitizen
child concerned, would have on--
(A) the health and well-being of the child; and
(B) in the case of a prospective sponsor who is a
parent, legal guardian, or a family member of the
child, the right of the parent, legal guardian, or
family member to the care and custody of the child.
(3) Sponsorship hearing.--
(A) In general.--The Director shall provide an
opportunity for an administrative hearing, conducted in
accordance with sections 554 through 557 of title 5,
United States Code, in the case of--
(i) a determination that a prospective
sponsor is not fit to receive the unaccompanied
noncitizen child concerned; or
(ii) failure by the Director to make a
determination on a family reunification
application within the timeframe set forth in
paragraph (1).
(B) Notice.--
(i) In general.--Not later than 24 hours
after a determination or failure described in
subparagraph (A), the Director shall provide
notice of such a hearing to--
(I) the unaccompanied noncitizen
child;
(II) the legal counsel and the
child advocate of such child;
(III) the prospective sponsor; and
(IV) the legal counsel of such
prospective sponsor.
(ii) Elements.--The notice required under
clause (i) shall include, in a language the
unaccompanied noncitizen child and the
prospective sponsor understand, the following:
(I) The time, date, and location of
the hearing.
(II) Notice with respect to the
availability of transportation to the
hearing for the child and the
prospective sponsor under subparagraph
(E)(i).
(III) In the case of a
determination that the prospective
sponsor is unfit--
(aa) the justification for
such determination; and
(bb) a description of any
supporting evidence and
information.
(IV) In the case of a failure to
make a timely determination, a
justification for such failure.
(V) Notification that the
unaccompanied noncitizen child and
prospective sponsor may submit
additional evidence, including witness
testimony, in support of the family
reunification application at or before
the hearing.
(C) Limitation on office of refugee resettlement
evidence.--In a hearing under this paragraph, the
Director may only submit evidence and information that
is described on the notice provided under subparagraph
(B).
(D) Timing of hearing.--
(i) In general.--Except as provided in
clause (ii), a hearing under this paragraph
shall occur not less than 7 days and not more
than 14 days after the date on which notice
under subparagraph (B) is provided.
(ii) Request for additional time.--Such a
hearing may occur on a date that is more than
14 days after the date such notice is provided
if the prospective sponsor requests additional
time.
(E) Presence at hearing.--
(i) Transportation.--On request by the
unaccompanied noncitizen child or the
prospective sponsor, the Director shall
facilitate the transportation of the child and
the prospective sponsor to a centralized
location for the hearing.
(ii) Waiver of child's presence.--With the
assistance of counsel, an unaccompanied
noncitizen child may waive the child's presence
at a hearing under this paragraph.
(iii) Virtual hearing.--An unaccompanied
noncitizen child may request a virtual hearing
under this paragraph and waive the right to an
in-person hearing.
(F) Procedural matters.--
(i) Neutral fact finder.--A hearing under
this paragraph shall be presided over by a
neutral fact finder who--
(I) is not an employee of the
Office of Refugee Resettlement; and
(II) has expertise in child
welfare.
(ii) Child and sponsor rights.--At a
hearing under this paragraph, an unaccompanied
noncitizen child and the child's prospective
sponsor shall have--
(I) the right to counsel; and
(II) the right and opportunity to
confront, inspect, and rebut the
evidence alleged to justify a
determination by the Director that the
prospective sponsor is unfit.
(iii) Interpretation services.--An
interpreter in the preferred language of the
unaccompanied noncitizen child and the
prospective sponsor shall be made available for
a hearing under this paragraph.
(iv) Burdens of production and proof.--The
Director shall have the burden of production
and the burden of proof, by clear and
convincing evidence, to establish that--
(I) placement with the prospective
sponsor is likely to result in serious
emotional or physical damage to the
child; and
(II) continued Office of Refugee
Resettlement custody is the least
restrictive setting that is in the best
interests of the child.
(v) Record of proceedings.--The record of
proceedings for a hearing under this paragraph,
and all related documentation--
(I) shall be maintained separately
and apart from the unaccompanied
noncitizen child's immigration file
(commonly called the ``A-File''); and
(II) shall not form any part of,
and shall not be relied upon, in any
removal proceedings or any adjudication
carried out by U.S. Citizenship and
Immigration Services, including with
respect to final decisions and
discretionary factors.
(G) Written decision.--
(i) In general.--Not later than 2 business
days after the date of a hearing under this
paragraph, the fact finder shall--
(I) issue a written decision
ordering the release of the
unaccompanied noncitizen child to the
prospective sponsor or denying such
release, which shall be binding on the
Office of Refugee Resettlement; and
(II) provide the written decision
to--
(aa) the child and the
prospective sponsor; and
(bb) the legal counsel and
the child advocate of the child
and the legal counsel of the
prospective sponsor, as
applicable.
(ii) Denials.--In the case of a denial of
release to the prospective sponsor, the
decision shall--
(I) set forth detailed, specific,
and individualized reasoning for such
denial; and
(II) notify the child and
prospective sponsor of their right to
seek review of the decision by the
Ombudsperson under subparagraph (H).
(iii) Language access.--The decision shall
be made available in a language and in a format
the unaccompanied noncitizen child and the
prospective sponsor understand.
(H) Review by ombudsperson.--
(i) In general.--On request by an
unaccompanied noncitizen child, the legal
counsel or prospective sponsor of such child,
or the legal counsel of such prospective
sponsor, the Ombudsperson shall carry out a
review of a decision under subparagraph (G),
which shall be completed not later than 15 days
after the date on which the request for review
is made.
(ii) Recommendation.--
(I) In general.--In carrying out a
review under this subparagraph, the
Ombudsperson may make a recommendation
on the placement or sponsorship of the
unaccompanied noncitizen child
concerned.
(II) Finding of erroneous
decision.--
(aa) In general.--If the
Ombudsperson determines that
the decision under subparagraph
(G) was erroneous, the
Ombudsperson shall submit to
the Director a recommendation
for further action.
(bb) Written statement.--
(AA) In general.--
If the Director
declines to follow the
recommendation of the
Ombudsperson, the
Director shall provide
a detailed written
justification to the
child, the prospective
sponsor, the legal
counsel and the child
advocate of the child,
and the legal counsel
of the prospective
sponsor, as applicable.
(BB)
Nondelegation.--The
Director may not
delegate the
requirement to issue
such a written
statement to any other
individual.
(I) Judicial review.--An unaccompanied noncitizen
child or nonparent family member of the child, with the
consent of the child, may obtain judicial review of a
decision under subparagraph (G) in a district court of
the United States.
(J) Continued efforts by office of refugee
resettlement.--During the pendency of a hearing under
this paragraph, and any review of a decision resulting
from such a hearing under subparagraph (H) or (I), the
Director shall continue to seek alternative prospective
sponsors for the unaccompanied noncitizen child
concerned.
SEC. 233. SPECIAL CONSIDERATIONS RELATING TO RELEASE OF CHILDREN WITH
DISABILITIES.
(a) In General.--The Director may not delay the release of an
unaccompanied noncitizen child based solely on a pending evaluation for
services under section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794).
(b) Supporting Evidence Required for Determination Not To
Release.--A determination by the Director not to release an
unaccompanied noncitizen child receiving services under such section
based on a prospective sponsor's inability to meet the needs of the
child shall be supported by evidence of efforts by the Director to
educate, and provide concrete resources and support to, the prospective
sponsor through the provision of post-release services.
(c) Release to Parents.--The Director may not deny the
reunification of an unaccompanied noncitizen child receiving services
under such section with his or her parent absent a determination
supported by clear and convincing evidence that--
(1) custody of the child by the parent is likely to result
in serious emotional or physical damage to the child; and
(2) continued Office of Refugee Resettlement custody is the
least restrictive setting that is in the best interests of the
child.
(d) Review.--
(1) In general.--With respect to a determination by the
Director not to release an unaccompanied noncitizen child
receiving services under such section based on an assessment
that the child is a danger to himself or herself or to others,
a review of such determination shall be carried out by an
independent third-party licensed psychologist or psychiatrist
who is experienced in the care of children before the date on
which the sponsorship hearing under section 232(b)(3) occurs.
(2) Procedure.--A review under paragraph (1) shall--
(A) be carried out using a standardized method for
evaluating the data and shall include the rationale for
denying release; and
(B) consider the availability of assistive services
or technology that could be provided to the
unaccompanied noncitizen child concerned if he or she
were released.
(3) Availability.--Such a review shall be made in writing
and made available to the unaccompanied noncitizen child and
the child's legal counsel before the date on which a
sponsorship hearing under section 232(b)(3) occurs.
(e) Office of Refugee Resettlement Support for Sponsors.--With
respect to children with disabilities released from the custody of the
Secretary, the Director shall support and assist sponsors in accessing
and coordinating post-release community-based services and support or
technology, to the extent such services and support are available.
(f) Alternative Placement.--If a sponsor is not identified for an
unaccompanied noncitizen child who receives services under section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Director shall
make every effort to place the child in therapeutic foster care, foster
care, or the Unaccompanied Refugee Minor program.
Subtitle E--Release
SEC. 241. PROCEDURES FOR RELEASE.
(a) In General.--The Secretary shall release an unaccompanied
noncitizen child from the custody of the Secretary--
(1) without unnecessary delay; and
(2) as quickly as may be safely accomplished.
(b) Provision of Records on Release.--On release from the custody
of the Secretary, including in circumstances of repatriation, the
Director shall provide unaccompanied noncitizen children and their
sponsors, as applicable, the unaccompanied noncitizen child's complete
Office of Refugee Resettlement case file and records, including--
(1) documentation that details the child's medical and
educational status, progress, and any related evaluations;
(2) information relating to any special needs of the child;
and
(3) any other information relevant to promoting the child's
well-being after release.
(c) Prescription Medication.--The Director shall ensure that
unaccompanied noncitizen children prescribed medication are released
with not less than a 60-day supply of their medication and information
from a physician regarding continuing or discontinuing the medication.
(d) Transportation.--Expenses incurred in transporting
unaccompanied noncitizen children and their sponsors for the purpose of
the release of the child shall be paid by the Office of Refugee
Resettlement.
(e) Prohibition on Secretary Taking Child Back Into Custody.--
(1) In general.--After the release of an unaccompanied
noncitizen child from the custody of the Secretary to a
sponsor, the Secretary may not take the child back into
custody.
(2) Reporting to state child welfare agency.--With respect
to a child released from such custody, if the Director becomes
aware of a concern related to suspected abuse or neglect in a
sponsor's care, the Director may report such concerns to the
applicable State child welfare agency.
SEC. 242. POST-RELEASE SERVICES.
(a) Required in Limited Circumstances.--
(1) In general.--The Director may not uniformly require
post-release services to be in place before releasing an
unaccompanied noncitizen child to a sponsor.
(2) Case management specialist determination.--The Director
may only require post-release services to be in place before
releasing an unaccompanied noncitizen child to a sponsor if,
after conducting an individualized assessment of the particular
needs of the child, the case management specialist makes a
determination that the child would be at risk of imminent
physical or emotional harm if post-release services were not in
place before such release.
(b) Expansion.--The Director shall provide post-release services,
on a voluntary basis, to unaccompanied noncitizen children, including
by--
(1) conducting outreach campaigns by navigators in
communities to ensure that children, sponsors, and families
understand the post-release services offered;
(2) providing active assistance with school enrollment;
(3) supporting sponsors in obtaining necessary medical
records, including vaccination and medication records, from the
period during which the unaccompanied noncitizen children were
in the custody of the Secretary;
(4) stating that all unaccompanied children released into
United States communities are deemed to be ``lawfully
residing'' for purposes of determining eligibility for medical
assistance under Medicaid or child health assistance and
pregnancy-related assistance under the Children's Health
Insurance Program (CHIP) in States that have elected to cover
``lawfully residing'' pregnant individuals and children under
sections 1903(v)(4) and 2107(e)(1)(O) of the Social Security
Act (42 U.S.C. 1396b(v)(4), 1397gg(e)(1)(O)), as added by
section 214 of the Children's Health Insurance Program
Reauthorization Act of 2009 (commonly referred to as the
``CHIPRA 214 option'');
(5) ensuring access to family reunification and medical
support services, including support and trauma-informed
counseling for the family and mental health counseling, through
direct provision of such services or through partnerships and
referrals to services in the community; and
(6) ensuring that sponsors of children with special medical
needs receive Office of Refugee Resettlement support in
accessing appropriate medical care.
SEC. 243. INDIVIDUALS ATTAINING 18 YEARS OF AGE.
(a) Presumption of Release on Recognizance.--
(1) In general.--If an individual in the custody of the
Secretary of Health and Human Services is not released to a
sponsor before the individual attains the age of 18 years,
there shall be a presumption that the individual shall be
released on an order of recognizance.
(2) Rebuttal.--The Secretary of Homeland Security shall
bear the burden of proof, by clear and convincing evidence, in
overcoming the presumption under paragraph (1) and in
demonstrating that such an individual is not eligible to be
released on an order of recognizance.
(3) Alternatives to detention.--
(A) In general.--In the case of an individual aging
out of the custody of the Secretary who is not eligible
to be released on an order of recognizance, the
individual shall be eligible to participate in
noncustodial alternatives to detention programs
provided by the Department of Health and Human
Services, including placement with an individual, an
organizational sponsor, or a supervised group home with
supportive services to facilitate access to educational
and occupational opportunities.
(B) Placement preferences.--The categories of
placements available to an individual described in
subparagraph (A) shall be the following, in order of
preference:
(i) The least restrictive family-based
setting, including long-term foster care.
(ii) An independent living program.
(iii) A childcare facility that meets the
particular needs of the individual.
(4) Continuation of services.--The Director shall ensure
that an individual released on an order of recognizance under
this subsection is provided with--
(A) continued access to counseling, case
management, legal counsel, and other support services
during the pendency of the individual's immigration
proceedings; and
(B) information on applying for special immigrant
juvenile status under section 101(a)(27)(J) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(J)), and resources to assist the individual
with applying for such status.
(b) Post-18 Plan for Individuals Aging Out of Custody.--
(1) In general.--The Director shall develop a post-18 plan
for each unaccompanied noncitizen child entering Office of
Refugee Resettlement custody who--
(A) is over the age of 17 years and 6 months; or
(B) is not likely to be released to a sponsor
before attaining 18 years of age.
(2) Elements.--Each plan under paragraph (1) shall include
the following:
(A) An investigation into organizational sponsors
and social support services.
(B) Coordination with the Secretary of Homeland
Security to ensure the release of the unaccompanied
noncitizen child on his or her own recognizance if
release to an organizational or individual sponsor is
not successful.
(c) Post-18 Program.--With respect to an individual in the custody
of the Secretary who attains 18 years of age before reunification,
placement with a sponsor, or adjudication with respect to immigration
status, the Director may extend Office of Refugee Resettlement custody
for a period ending not later than the date on which the individual
attains 21 years of age, if the individual--
(1)(A) has not been reunified but has a family member
available for reunification;
(B) has an identified sponsor;
(C) has been admitted to long-term foster care or a
residential treatment center; or
(D) otherwise does not have reunification options but has
not yet been adjudicated with respect to immigration status by
a local court in the applicable jurisdiction; and
(2) solely at his or her discretion, without coercion and
on the recommendation of his or her case manager, elects to
remain in Office of Refugee Resettlement custody in the post-18
program until the date on which, as applicable--
(A) the screening process for reunification is
completed and the individual is reunified with a family
member or placed with a sponsor; or
(B) the individual is adjudicated with respect to
immigration status in a local court in the applicable
jurisdiction, receives relief from removal, and enters
an applicable program for unaccompanied refugee minors.
(d) Consideration Relating to U.S. Immigration and Customs
Enforcement Custody.--In considering a sponsorship application for an
unaccompanied noncitizen child who may attain 18 years of age in the
custody of the Secretary, the Director shall consider the potential
for, and impact of, trauma and the risk to the safety and well-being of
the child if the child were to be transferred to the custody of U.S.
Immigration and Customs Enforcement on attaining such age.
(e) Prohibition on Detention and Removal.--An individual who was in
the custody of the Secretary as an unaccompanied noncitizen child shall
not be apprehended, arrested, transferred, or taken into the custody of
U.S. Immigration and Customs Enforcement, or removed from the United
States, based solely on having attained 18 years of age.
(f) Continued Access to Due Process, Legal Relief, and Housing.--An
individual who entered the United States as a child shall not lose the
opportunity for due process and potential legal relief, or access to
community-based housing, based solely on having attained the age of 18
years.
SEC. 244. CUSTODY REVIEW BY OMBUDSPERSON.
(a) In General.--If an unaccompanied noncitizen child, the legal
counsel or prospective sponsor of such child, or the legal counsel of
such prospective sponsor has reasonable cause to believe that the child
should have been released, the child, the prospective sponsor, or such
legal counsel may request an investigation by the Ombudsperson.
(b) Notification of Lengthy Custody.--In the case of any
unaccompanied noncitizen child who remains in the custody of the
Secretary for 45 days or more, the Director shall--
(1) notify the Ombudsperson of such continued custody; and
(2) provide the Ombudsperson a complete copy of the Office
of Refugee Resettlement case file and a detailed explanation
for such continued custody.
TITLE III--EMERGENCIES AND INFLUXES
SEC. 301. SENSE OF CONGRESS.
It is the sense of Congress that before opening or expanding an
influx facility, the Secretary and the Director should explore all
other avenues for placing an unaccompanied noncitizen child in the
least restrictive, State-licensed setting that most approximates a
family and in which the special needs of the child, if any, may be met
consistent with the best interests and special needs of the child.
SEC. 302. DEFINITIONS.
In this title:
(1) Emergency.--The term ``emergency'' means an event of
limited duration, such as a natural disaster, facility fire,
civil disturbance, or medical concern.
(2) Operational capacity.--The term ``operational
capacity'' means the net bed capacity of Office of Refugee
Resettlement facilities and other housing operated by State-
licensed programs for unaccompanied noncitizen children.
SEC. 303. PLACEMENT.
(a) In General.--In the event of an emergency or influx that
prevents the prompt placement of unaccompanied noncitizen children in
childcare facilities, the Director--
(1) shall make every effort--
(A) to place arriving unaccompanied noncitizen
children in other State-licensed programs; and
(B) to release unaccompanied noncitizen children
from other programs as expeditiously as possible; and
(2) may not house an unaccompanied noncitizen child in an
influx facility or any other emergency or temporary facility
for more than 20 days.
(b) Transfer to Licensed Facility.--
(1) In general.--Except as provided in paragraph (2), in
the case of an unaccompanied noncitizen child for whom release
to a sponsor within 20 days of placement in an influx facility
is not possible, the Director shall transfer the child to a
childcare facility.
(2) Exception.--The Director may not transfer a child under
paragraph (1) if the transfer would prolong the child's total
length of custody by more than 48 hours.
(c) Limitation on Transfer to Influx Facility.--The Director may
not transfer to an influx facility any unaccompanied noncitizen child--
(1) for whom--
(A) a prospective sponsor has not been identified;
or
(B) such transfer would delay release by more than
48 hours; or
(2) who--
(A) has been identified by the Director as--
(i) having a prospective sponsor who is not
a parent, a legal guardian, or an immediate
relative; or
(ii) not having any identified prospective
sponsor;
(B) is younger than 16 years of age;
(C) is part of a sibling group in the custody of
the Secretary of which 1 or more siblings are younger
than 16 years of age;
(D) speaks a language other than English or Spanish
as his or her primary language;
(E) has special needs;
(F) is currently prescribed psychotropic
medication;
(G) is pregnant or parenting;
(H) will attain 18 years of age on a date that is
not more than 30 days after the proposed date of
transfer to the influx facility;
(I) is scheduled to be released on a date that is
not more than 3 days after the proposed date of the
transfer;
(J) has a pending home study;
(K) has not received a legal orientation
presentation or a legal screening;
(L) has a date scheduled for a hearing before an
immigration court or a State court, including family
and juvenile court;
(M) has a pending application for relief from
removal;
(N) has legal counsel; or
(O) has a child advocate.
(d) Family Groups.--The Director shall ensure that--
(1) unaccompanied noncitizen children with siblings or
other relatives under the age of 18 in the custody of the
Secretary are not separated from each other; and
(2) such family groups have unlimited visitation with each
other in influx facilities.
SEC. 304. PLANNING FOR EMERGENCIES AND INFLUXES.
(a) Plan Required.--Not later than 180 days after the date of the
enactment of this Act, the Director shall develop a plan for--
(1) maintaining and expanding emergency capacity in
licensed foster care homes and small congregate care facilities
for housing unaccompanied noncitizen children so as to
eliminate the need for influx facilities; and
(2) in the case of an emergency or influx, placing
unaccompanied noncitizen children with sponsors as
expeditiously as possible.
(b) Supplemental Placement List.--
(1) In general.--The Director shall develop and maintain a
supplemental placement list of facilities that have, in the
aggregate, not fewer than 200 beds available to accept
unaccompanied noncitizen children in the case of an emergency
or influx, which shall be in addition to the number of beds
available for placements under normal circumstances.
(2) Licensing and compliance.--Any facility on the
supplemental placement list shall be--
(A) licensed in the State in which it is located;
and
(B) in compliance with all standards and procedures
applicable to State-licensed programs under this Act.
(3) Elements.--The supplemental placement list shall
include, for each facility, the following:
(A) The name of the facility.
(B) The number of beds available in the facility in
the case of an emergency or influx.
(C) The name and telephone number of 1 or more
contact persons, including a contact person for nights,
holidays, and weekends.
(D) Any limitation on categories of child the
facility may accept, such as age categories.
(E) A description of any special service available.
(4) Appropriate community services.--To the extent
practicable, the Director shall attempt to include on the
supplemental placement list facilities located in geographic
areas in which culturally and linguistically appropriate
community services are available.
(5) High capacity at childcare facilities.--If the
operational capacity of all childcare facilities and foster
care placements reaches or exceeds 75 percent for a period of 3
consecutive days, the Director shall contact the facilities on
the supplemental placement list to determine the number of
available supplemental placements.
(c) Need for Supplemental Placements Exceeding Capacity.--If the
number of unaccompanied noncitizen children in need of placement in the
case of an emergency or influx exceeds the available appropriate
placements on the supplemental placement list, the Director shall--
(1) locate additional placements through State-licensed
programs and nonprofit child and family services agencies
providing placement services; and
(2) expedite the reunification and release of unaccompanied
noncitizen children from U.S. Customs and Border Protection
custody.
SEC. 305. INFLUX FACILITY STANDARDS AND STAFFING.
(a) Operation of Influx Facilities.--In the event that the
operation of an influx facility cannot be avoided, the Director may
operate an influx facility in accordance with this section.
(b) Standards.--
(1) In general.--An influx facility that does not meet the
standards described in this subsection may not be used to house
any child, and children housed at such an influx facility shall
be transferred out of the influx facility immediately.
(2) First day of operation.--On the first day of operation,
an influx facility shall be in compliance with--
(A) the staffing ratio requirements, case
management requirements, telephone call access, legal
services access, education and recreation requirements,
and medical and mental health services requirements
that apply to childcare facilities; and
(B) the facility standards under the Prison Rape
Elimination Act of 2003 (34 U.S.C. 30301 et seq.).
(3) Within 30 days.--Not later than 30 days after the date
on which an influx facility commences operation, the influx
facility shall achieve compliance with all standards set forth
in title II, including State licensing standards.
(c) Contractor Standards.--The Director may not enter into a
contract with any entity to operate an influx facility, unless the
entity has each of the following:
(1) Demonstrated experience in providing services for
unaccompanied noncitizen children or children in foster care.
(2) A plan for placement of children for whom no sponsor
has been identified.
(3) A plan for--
(A) identifying, and immediately notifying the
Director with respect to, any child believed to have
been erroneously transferred to, or in care at, the
influx facility contrary to the limitations set forth
in paragraphs (1) and (2) of section 303(c); and
(B) not later than 10 days after identifying such a
child, transferring the child to an appropriate
placement.
(4) An emergency plan that includes protection against
transmission of COVID-19 and other infectious diseases,
including a plan--
(A) to provide regular testing for any applicable
disease;
(B) to comply with service standards for quarantine
with respect to any such disease that mirror the
services and guidance for children and congregate care
settings recommended by the Centers for Disease Control
and Prevention; and
(C) to ensure access to immunizations for
unaccompanied noncitizen children in the influx
facility, in accordance with any applicable guidance of
the Centers for Disease Control and Prevention.
(5) Emergency response protocols for placement, care, and
transfer of children, which reduce the amount of time a child
is in an emergency influx facility.
(6) A clear organizational chart, reporting structure, and
contact information.
(7) A staffing plan that includes maintaining specified
case manager-to-child ratios and a specified number of case
manager visits with a child each week.
(8) A training plan for case managers that includes in-
service coaching and individual support for a case manager's
first 30 days as an employee of the entity.
(9) A written code of conduct that is--
(A) distributed to all officers, employees, and
volunteers; and
(B) contains clear boundaries for working with and
around children.
(10) Written ethical standards that are--
(A) distributed to all officers, employees, and
volunteers; and
(B) based on accepted child welfare principles and
best practices.
(11) A written security plan to protect against
unauthorized access to the influx facility and other potential
threats.
(12) Data systems that meet the data and quality standards
described in section 602 for tracking children through intake,
case management, transportation, and placement.
(d) Waiver.--
(1) In general.--In the case of an influx facility, the
Director may waive compliance with a standard or procedure
under title II for a period of not more than 30 days.
(2) Notice to congress.--If the Director waives compliance
with the requirement that an influx facility shall be licensed
by the State in which it is located, the Director shall provide
to Congress notice of such waiver, which shall include--
(A) a justification for the waiver; and
(B)(i) a plan for the influx facility to obtain
such licensing; or
(ii) in the case of an influx facility that will be
unable to obtain such licensing--
(I) an explanation of the reason that--
(aa) licensing is not possible; and
(bb) the particular influx facility
was chosen and remains operationally
necessary.
(e) Reporting Mechanisms.--The Director shall establish clear
procedures--
(1) for unaccompanied noncitizen children at influx
facilities to directly and confidentially report incidents of
abuse or neglect at influx facilities to the Ombudsperson,
consulates, and State authorities; and
(2) to allow State child protective services immediate
access to any influx facility to investigate any such report.
(f) Staffing.--
(1) Background checks.--
(A) In general.--The Director shall ensure that a
Federal Bureau of Investigation background check, and
in any applicable State a child abuse or neglect check,
has been conducted for each influx facility staff
member who will have direct contact with unaccompanied
noncitizen children.
(B) Timing of background checks.--The background
checks described in subparagraph (A) shall be completed
before a staff member interacts with any unaccompanied
noncitizen child at an influx facility.
(C) Prohibition.--The Director shall ensure than an
entity with which the Director has contracted to
operate an influx facility does not hire as staff of
the influx facility any individual who has--
(i) any conviction for child abuse or
trafficking; or
(ii) a conviction that is less than 10
years old the underlying offense of which would
have a substantial and direct effect on the
safety of unaccompanied noncitizen children.
(D) Submittal of evidence.--Not later than the date
on which an influx facility commences operation, the
operator of the influx facility shall submit to the
Director and the Ombudsperson evidence that background
checks in accordance with this paragraph--
(i) have been completed for the relevant
facility staff; and
(ii) will be completed for all new hires
going forward.
(2) Fluency in spanish.--Each staff member of an influx
facility who will have contact with unaccompanied noncitizen
children shall--
(A) be fluent in Spanish and English; and
(B) have experience in the care of children.
(3) Pediatric health specialists.--An influx facility shall
have onsite pediatric health specialists, including a
pediatrician, licensed psychologist, or psychiatrist who is
experienced in the care of children.
(4) Ratios.--Not later than 15 days after the date on which
an influx facility commences operation, the Director shall
ensure that the influx facility maintains staffing ratios as
follows:
(A) During waking hours, not less than 1 on-duty
youth care worker for every 8 unaccompanied noncitizen
children.
(B) During sleeping hours, not less than 1 on-duty
youth care worker for every 16 unaccompanied noncitizen
children.
SEC. 306. MONITORING AND OVERSIGHT.
(a) Site Visits.--
(1) Director.--
(A) In general.--Not less frequently than monthly
during the period in which an influx facility is in
operation, the Director shall conduct a comprehensive
onsite monitoring visit.
(B) Elements.--Each site visit conducted under
subparagraph (A) shall include--
(i) an evaluation of the compliance of the
influx facility with--
(I) the standards and procedures
under title II; and
(II) the facility standards under
the Prison Rape Elimination Act of 2003
(34 U.S.C. 30301 et seq.);
(ii) an assessment of the delivery of, and
unaccompanied noncitizen children's access to,
health care and mental health care services;
(iii) an assessment of unaccompanied
noncitizen children's access to counsel and
legal services; and
(iv) private, confidential interviews with
unaccompanied noncitizen children housed in the
influx facility.
(2) Inspector general.--The Inspector General of the
Department of Health and Human Services may conduct unscheduled
visits to any influx facility, during which the Inspector
General may meet confidentially with any unaccompanied
noncitizen child housed in the influx facility.
(3) Ombudsperson.--Not less frequently than monthly during
the period in which an influx facility is in operation, the
Ombudsperson shall conduct a comprehensive onsite visit to
monitor for compliance with applicable Federal and State law
(including regulations), including--
(A) the Flores settlement agreement;
(B) section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of
2008 (8 U.S.C. 1232); and
(C) this Act.
(b) Tours by Approved Stakeholders.--Not less frequently than
monthly during the period in which an influx facility is in operation,
the Director shall allow approved stakeholders, including
representatives from nonprofit organizations serving or advocating on
behalf of unaccompanied noncitizen children, to tour the influx
facility.
TITLE IV--LEGAL REPRESENTATION FOR UNACCOMPANIED NONCITIZEN CHILDREN
SEC. 401. LEGAL ORIENTATION PRESENTATIONS AND LEGAL SCREENINGS.
(a) In General.--Not later than 10 days after transfer to the
custody of the Secretary, an unaccompanied noncitizen child shall
receive a free legal orientation presentation and legal screening
conducted by a legal services provider, which shall include information
relating to--
(1) the right to apply for relief from removal;
(2) the right to request voluntary departure in lieu of
removal; and
(3) the right to a hearing before an immigration judge.
(b) Prioritization Before Release.--
(1) In general.--The Director shall make affirmative,
thorough, and timely efforts to ensure that each unaccompanied
noncitizen child receives a presentation and screening
described in subsection (a) before release, and in the case of
any unaccompanied noncitizen child who does not receive such
presentation and screening before release, the Director shall
ensure that the child receives the presentation and screening
on release.
(2) Rule of construction.--Nothing in this section may be
construed to prohibit the release of an unaccompanied
noncitizen child to a sponsor based solely on not having
received such a presentation and screening.
SEC. 402. LEGAL REPRESENTATION.
(a) In General.--Each unaccompanied noncitizen child in the custody
of the Secretary of Health and Human Services shall be represented by
counsel appointed or provided by the Secretary, at Government expense,
unless the child has obtained, at his or her own expense, counsel
authorized to practice in immigration proceedings.
(b) Procedure.--Representation under subsection (a) shall--
(1) be appointed or provided by the Secretary as
expeditiously as possible;
(2) extend through every stage of removal proceedings, from
the child's initial appearance through the termination of
immigration proceedings; and
(3) include any ancillary matter appropriate to such
proceedings (including, to the extent practicable and as
appropriate, an application for employment authorization), even
if the child attains 18 years of age or is reunified with a
parent or legal guardian while the proceedings are pending.
(c) Private, Confidential Meeting Space.--The Director shall ensure
that unaccompanied noncitizen children are provided access to a
private, confidential space to meet with legal services providers and a
private, confidential telephone line to contact their legal counsel or
legal services providers at the expense of the government.
(d) Contact With Legal Counsel.--An unaccompanied noncitizen child
shall be permitted to call or meet with his or her legal counsel or
legal services provider at any time.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary to carry out this section.
(2) Funding.--Amounts made available under this section
shall be maintained separately from amounts designated for
childcare facilities.
(f) Scope of Representation.--Government-appointed counsel
appointed or provided by the Secretary under this section may provide
to an unaccompanied noncitizen child the full scope of representation,
including representation in--
(1) any matter relevant to the child's well-being,
including conditions of detention and matters relating to
medical and mental health services and medication;
(2) placement review hearings;
(3) sponsorship hearings; and
(4) any other matter relating to immigration.
(g) Cooperation of Office of Refugee Resettlement Required.--
(1) In general.--The Director shall ensure that the legal
counsel of an unaccompanied noncitizen child has access to
prompt, reasonable, and regular direct communication with case
managers, case coordinators, and Federal field specialists
overseeing the child's placement, release, family
reunification, transfer, and medical and mental health
services.
(2) Requests by counsel for information.--On request by the
legal counsel or the independent legal services provider of an
unaccompanied noncitizen child, the Director shall provide, not
later than 7 days after the date on which the request is made,
the following:
(A) The names and telephone numbers of all
prospective sponsors of the unaccompanied noncitizen
child concerned.
(B) A copy of the complete Office of Refugee
Resettlement case file and records of the unaccompanied
noncitizen child concerned.
TITLE V--APPOINTMENT OF CHILD ADVOCATES AND IMPROVEMENTS TO IMMIGRATION
COURTS
SEC. 501. APPOINTMENT OF CHILD ADVOCATES.
(a) In General.--The Secretary shall appoint independent child
advocates to unaccompanied noncitizen children, including--
(1) each vulnerable unaccompanied noncitizen child in the
custody of the Secretary; and
(2) each vulnerable unaccompanied noncitizen child who has
been released from such custody.
(b) Expansion of Child Advocate Services.--
(1) In general.--The Secretary shall increase funding for
child advocate services to facilitate the expansion, by not
later than the date that is 180 days after the date of the
enactment of this Act, of the provision of such services to all
locations at which--
(A) unaccompanied noncitizen children in the
custody of the Secretary are housed; or
(B) unaccompanied noncitizen children appear before
immigration courts for removal proceedings.
(2) Prioritization.--In expanding services under this
subsection, the Secretary shall prioritize locations that have
the highest numbers of unaccompanied noncitizen children in the
custody of the Secretary and unaccompanied noncitizen children
appearing before immigration courts.
(3) Access to records.--
(A) In general.--A child advocate appointed under
this section shall have timely access to all materials
necessary to effectively advocate for the best
interests of the unaccompanied noncitizen child
concerned, including the child's complete Office of
Refugee Resettlement case file and records.
(B) Request.--On request by such a child advocate,
the Director shall provide a complete copy of an
unaccompanied noncitizen child's Office of Refugee
Resettlement case file and records not later than 72
hours after the request is made.
(4) Best interest recommendations.--A child advocate
appointed under this section shall submit a best interest
recommendation based on law, policy, medical or behavioral
health, and relevant social science research to any Federal or
State agency making a decision with respect to the best
interests of an unaccompanied noncitizen child, including--
(A) the Department of Health and Human Services;
(B) the Department of Justice;
(C) the Department of Homeland Security; and
(D) a Federal, State, or Tribal court.
(5) Confidentiality.--All communications between child
advocates appointed under this section and unaccompanied
noncitizen children shall be confidential, and such a child
advocate may not be compelled to testify or provide evidence,
in any proceeding, with respect to any information or opinion
conveyed to the child advocate by an unaccompanied noncitizen
child in the course of serving as child advocate.
(6) Legal support.--The Secretary shall ensure that each
location at which child advocate services are provided under
this section is staffed with 1 or more attorneys who have
expertise in immigration law and child welfare law.
(7) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
SEC. 502. IMMIGRATION COURT IMPROVEMENTS.
(a) Hiring of Immigration Judges.--
(1) In general.--To adjudicate pending cases and
efficiently process future cases, the Attorney General shall
increase the total number of immigration judges by not fewer
than 75 judges during fiscal year 2025.
(2) Qualifications.--The Attorney General shall ensure that
each immigration judge hired under this subsection--
(A) is highly qualified;
(B) has substantial experience in the field of
immigration law; and
(C) is trained to conduct fair and impartial
hearings in accordance with applicable due process
requirements.
(3) No preference for candidates with prior service in the
federal government.--In selecting immigration judges under this
subsection, the Attorney General may not assign any preference
to a candidate who has prior service in the Federal Government
over a candidate who has equivalent subject matter expertise
based on experience in a nonprofit organization, private
practice, or academia, but does not have previous Federal
service.
(b) Immigration Court Staff.--During fiscal year 2025, the Attorney
General shall--
(1) increase the total number of judicial law clerks at the
Executive Office for Immigration Review by 75; and
(2) increase the total number of support staff for
immigration judges, including legal assistants and
interpreters, by 300.
(c) Support Staff; Other Resources.--The Attorney General shall
ensure that the Executive Office for Immigration Review has sufficient
support staff, adequate technological and security resources, and
appropriate facilities to conduct the immigration proceedings required
under Federal law.
(d) Limitation.--Amounts appropriated for the Executive Office for
Immigration Review or for any other division, activity, or function of
the Department of Justice may not be used to implement numeric case
load judicial performance standards or other standards that could
negatively impact the fair administration of justice by the immigration
courts.
(e) Docket Management for Resource Conservation.--Notwithstanding
any opposition from the Secretary of Homeland Security or the Attorney
General, immigration judges shall administratively close or terminate
cases, and the Board of Immigration Appeals shall remand cases for
administrative closure, if an individual in removal proceedings--
(1) appears to be prima facie eligible for a visa or any
other immigration benefit; and
(2) has a pending application for such benefit before U.S.
Citizenship and Immigration Services or any other applicable
Federal agency.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
TITLE VI--OVERSIGHT, MONITORING, AND ENFORCEMENT
SEC. 601. OFFICE OF THE OMBUDSPERSON FOR UNACCOMPANIED NONCITIZEN
CHILDREN IN IMMIGRATION CUSTODY.
(a) Establishment.--There is established within the Department of
Health and Human Services an Office of the Ombudsperson for
Unaccompanied Noncitizen Children (referred to in this section as the
``Office'') to monitor and oversee compliance with this Act and the
amendments made by this Act.
(b) Independence.--The Office shall be an impartial, confidential
resource that is fully independent of--
(1) the Office of Refugee Resettlement; and
(2) the Department of Homeland Security.
(c) Ombudsperson.--
(1) In general.--The Office shall be headed by an
Ombudsperson, who shall be appointed by, and report directly
to, the Secretary.
(2) Recommendations from stakeholders.--Before making an
appointment under paragraph (1), the Secretary shall solicit
and consider candidate recommendations from organizations that
provide legal services to, and advocate on behalf of, immigrant
children.
(3) Limitation on certain former employees.--The Secretary
may not appoint as Ombudsperson any individual who, during the
2-year period preceding the date of appointment, was an
employee of the Office of Refugee Resettlement or the
Department of Homeland Security.
(4) Term.--
(A) In general.--Subject to subparagraph (C), the
term of an Ombudsperson appointed under this subsection
shall be not more than 4 years.
(B) Consecutive terms.--An Ombudsperson may be
appointed for consecutive terms.
(C) Expiration.--The term of an Ombudsperson shall
not expire before the date on which the Ombudsperson's
successor is appointed.
(5) Removal for cause.--The Secretary may only remove or
suspend an Ombudsperson for neglect of duty or gross
misconduct.
(6) Duties and authorities.--
(A) Regional offices.--
(i) Establishment.--The Ombudsperson shall
establish not fewer than 7 regional offices of
the Office--
(I) to strengthen State oversight;
(II) to investigate complaints;
(III) to coordinate with State
licensing entities; and
(IV) to identify and address
differences among State child
protection laws.
(ii) Locations.--
(I) In general.--The regional
offices required under clause (i) shall
be established in the following
locations:
(aa) 1 regional office in
Texas.
(bb) 1 regional office in
Arizona.
(cc) 1 regional office in
California or a State in the
Northwest.
(dd) 1 regional office in a
State in the Midwest.
(ee) 1 regional office in a
State in the Mid-Atlantic.
(ff) 1 regional office in a
State in the Northeast.
(gg) 1 regional office in a
State in the Southeast.
(II) Additional locations.--The
Ombudsperson may make a recommendation
to the Secretary with respect to the
location of any additional regional
office.
(iii) Appointment of deputies.--The
Ombudsperson shall appoint a full-time deputy
for each regional office, who shall serve at
the Ombudsperson's discretion.
(iv) Applicability of other provisions.--
The regional offices established under this
subparagraph shall have the same access to
facilities and records, maintain the same
rights, roles, and responsibilities, and be
subject to the same confidentiality
requirements as the Office.
(B) Hiring.--
(i) In general.--The Ombudsperson shall
hire to carry out the functions of the Office
necessary personnel, including clerical
personnel, who shall serve at the discretion of
the Ombudsperson.
(ii) Subject matter experts.--The personnel
hired under clause (i) shall include relevant
subject matter experts, including--
(I) legal advocates or specialists
in the fields of child and family
welfare, immigration, and human rights;
(II) pediatricians;
(III) child and adolescent
psychiatrists and psychologists;
(IV) social workers;
(V) data analysts with demonstrable
expertise in child welfare or
immigration; and
(VI) youth or young adults with
experience as noncitizen children in
immigration custody.
(C) Monitoring.--
(i) In general.--The Ombudsperson shall
monitor, including by making site visits, for
compliance with all applicable law and
standards relating to noncitizen children in
immigration custody.
(ii) Influx facilities.--The Ombudsperson
shall conduct site visits of influx facilities,
as described in section 306.
(D) Investigations.--
(i) In general.--The Ombudsperson--
(I) may conduct any investigation
relating to noncitizen children in
immigration custody the Ombudsperson
considers necessary; and
(II) shall investigate--
(aa) claims of abuse,
neglect, or mistreatment of
noncitizen children by the
Government or any other entity
while in immigration custody;
and
(bb) complaints made
against foster care providers,
including in the case of such a
provider that is subject to
State oversight.
(ii) Timeline.--The Ombudsperson shall
commence an investigation under clause (i)(II)
not later than 30 days after the date on which
a claim or complaint described in that clause
is received.
(iii) Reporting of state licensing
violations.--If in the course of an
investigation under clause (i)(II)(bb) the
Ombudsperson discovers a State licensing
violation, the Ombudsperson shall report the
violation to the child welfare licensing agency
of the applicable State.
(iv) Procedures.--The Ombudsperson shall
establish a procedure for conducting
investigations, receiving and processing
complaints, and reporting findings.
(v) Notification.--
(I) Commencement of
investigation.--If the Ombudsperson
decides to commence an investigation
based on a complaint received, not
later than 45 days after the date on
which the investigation commences, the
Ombudsperson shall so notify the
complainant.
(II) Decision not to investigate or
to discontinue investigation.--If the
Ombudsperson decides not to investigate
a complaint or to discontinue an
investigation commenced under this
subparagraph, not later than 45 days
after the date on which such an action
is taken, the Ombudsperson shall notify
the complainant and provide a reason
for such action.
(III) Progress and results.--The
Ombudsperson shall provide a
complainant with updates on the
progress of an investigation and shall
notify the complainant of the results
of the investigation.
(vi) Confidentiality.--
(I) In general.--All information
obtained by the Ombudsperson from a
complaint shall be confidential under
applicable Federal and State
confidentiality law, regardless of
whether the Ombudsperson--
(aa) investigates the
complaint;
(bb) refers the complaint
to any other entity for
investigation; or
(cc) determines that the
complaint is not a proper
subject for an investigation.
(II) Disclosure.--Disclosure of any
such information may only occur as
necessary to carry out the mission of
the Office and as permitted by law.
(E) Reporting mechanisms.--
(i) In general.--The Ombudsperson shall
establish and maintain--
(I) a public toll-free telephone
number to receive complaints and
reports of matters for investigation;
and
(II) a public email address to
receive complaints, such reports, and
requests for review of placement and
sponsorship decisions.
(ii) Availability.--
(I) In general.--The Ombudsperson
shall ensure that such telephone number
and email address--
(aa) are made available,
and a telephone is accessible,
to all children in immigration
custody; and
(bb) are made available to
prospective sponsors, sponsors,
Flores settlement agreement
class counsel, and legal
services providers and child
advocates who serve such
noncitizen children.
(II) Sponsorship applications.--The
Director shall provide such telephone
number and email address to the
prospective sponsor of each
unaccompanied noncitizen child.
(iii) Language access.--
(I) In general.--Such telephone
number and email address shall be
posted in public areas of each facility
or placement in which 1 or more
children in immigration custody are
held, in multiple languages, including
the top 20 preferred languages.
(II) Additional languages.--The
Ombudsperson may require that such
contact information be made available
and posted in any additional language
the Ombudsperson considers necessary
based on the demographics of arriving
noncitizen children.
(F) Hearings.--The Ombudsperson may hold public
hearings as the Ombudsperson considers necessary.
(G) Individual case assistance and review.--
(i) In general.--The Ombudsperson may offer
individual case assistance for noncitizen
children in immigration custody.
(ii) Communication with others.--In
providing such individual case assistance, the
Ombudsperson may speak with a noncitizen
child's prospective sponsor, family members,
child advocate, legal counsel, case manager,
case coordinator, and Office of Refugee
Resettlement Federal field specialist staffing
the noncitizen child's case, as applicable.
(H) Stakeholder meetings.--
(i) Community stakeholders.--Not less
frequently than quarterly, the Ombudsperson
shall invite community stakeholders, including
attorneys who represent noncitizen children in
immigration custody, to participate in a
meeting.
(ii) Data tracking personnel.--Not less
frequently than quarterly, the Ombudsperson
shall invite personnel of the Department of
Homeland Security and the Department of Health
and Human Services who manage the data tracking
systems described in section 602 to participate
in a meeting for the purpose of informing the
Ombudsperson with respect to the efficacy and
responsiveness of the system with empirical
data, analysis, and data needs.
(iii) Additional meetings.--The
Ombudsperson may convene additional meetings at
any time, as the Ombudsperson considers
necessary.
(I) Reporting.--
(i) Annual public report.--
(I) In general.--Not less
frequently than annually, the
Ombudsperson shall issue a public
report on the implementation of and
compliance with this Act and the
amendments made by this Act, by the
Secretary and the Secretary of Homeland
Security.
(II) Elements.--Each report under
subclause (I) shall include the
following:
(aa) For the preceding
fiscal year, the
accomplishments and challenges
relating to such implementation
and compliance.
(bb) A summary of
complaints made and
investigations carried out
during the preceding fiscal
year, including--
(AA) the number of
complaints and number
and nature of other
contacts;
(BB) the number of
complaints made,
including the type and
source;
(CC) the number of
investigations carried
out;
(DD) the trends and
issues that arose in
the course of
investigating
complaints; and
(EE) the number of
pending complaints.
(cc) For the preceding
fiscal year, a summary of--
(AA) each site
visit conducted;
(BB) any interview
with a noncitizen child
or facility staff;
(CC) facility
audits and corrective
actions taken or
recommended;
(DD) appeals made
to the Ombudsperson;
and
(EE) any other
information the
Ombudsperson considers
relevant.
(dd) A detailed analysis of
the data collected under
section 602.
(ee) Recommendations--
(AA) for improving
implementation and
compliance with this
Act and the amendments
made by this Act; and
(BB) as to whether
the Director should
renew or cancel
contracts with
particular Office of
Refugee Resettlement
grantees.
(ff) A description of the
priorities for the subsequent
fiscal year.
(ii) Report on training materials.--The
Ombudsperson shall issue a public report on the
training materials developed by the Director
under section 203(d)(4) that includes a
description of any concerns the Ombudsperson
has with respect to the materials.
(iii) Additional reports.--The Ombudsperson
may issue additional reports at any time,
including data analyses and findings, as the
Ombudsperson considers necessary.
(J) Information gathering.--
(i) In general.--The Ombudsperson may
submit to the Director, the Director of U.S.
Immigration and Customs Enforcement, and the
juvenile coordinators of U.S. Customs and
Border Protection requests for information with
respect to the implementation of this Act.
(ii) Response required.--Not later than 30
days after the date on which a juvenile
coordinator receives a request for information
under clause (i), the juvenile coordinator
shall submit a detailed response to the
Ombudsperson, the Director, the Director of
U.S. Immigration and Customs Enforcement, and
the Commissioner of U.S. Customs and Border
Protection.
(iii) Cooperation required.--The Secretary
and the Secretary of Homeland Security shall--
(I) cooperate with any request for
information by the Ombudsperson; and
(II) report to the Ombudsperson any
policy or instruction issued to
employees regarding the implementation
of this Act.
(K) Subpoena authority.--
(i) In general.--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) compel by subpoena, at a
specified time and place--
(aa) the appearance and
sworn testimony of an
individual who the Ombudsperson
reasonably believes may be able
to provide information relating
to a matter under
investigation; and
(bb) the production by an
individual of a record of an
object that the Ombudsperson
reasonably believes may relate
to a matter under
investigation.
(ii) Effect of failure to comply.--In the
case of an individual who fails to comply with
a subpoena issued under this subparagraph, the
Ombudsperson may commence a civil action in an
appropriate court.
(L) Additional duties.--The Ombudsperson shall--
(i) develop notices of rights, as described
in sections 105(d)(5) and 202;
(ii) review training materials, as
described in section 203(d)(4);
(iii) conduct reviews of decisions in
placement review hearings, as described in
section 226(b)(6);
(iv) conduct reviews of decisions in
sponsorship hearings, as described in section
232(b)(3)(H);
(v) regularly review data collected under
section 602; and
(vi) track and monitor processing times and
length of custody for noncitizen children in
immigration custody.
(d) Access.--
(1) Facilities.--
(A) In general.--The Secretary and the Secretary of
Homeland Security shall ensure unobstructed access by
the Ombudsperson to any facility at which a noncitizen
child is detained.
(B) Information collection for site visits.--For
each site visit conducted by the Ombudsperson, facility
staff shall provide a list of the unaccompanied
noncitizen children housed in the facility, including
their names, alien registration numbers, dates of
birth, dates of apprehension, and the dates of facility
placement--
(i) in the case of an announced site visit,
not less than 48 hours before the arrival of
the Ombudsperson; and
(ii) in the case of an unannounced site
visit, on the arrival of the Ombudsperson.
(C) Private and confidential space.--A facility
shall provide a private and confidential space in which
the Ombudsperson may interview unaccompanied noncitizen
children and staff.
(D) Delegation.--The Ombudsperson may designate 1
or more individuals from outside the Ombudperson's
office to conduct site visits and interview detained
children.
(2) Information.--On request by the Ombudsperson, the
Secretary shall ensure, not later than 48 hours after receipt
of the request, unobstructed access by the Ombudsperson to--
(A) the case files, records, reports, audits,
documents, papers, recommendations, or any other
pertinent information relating to the care and custody
of a noncitizen child; and
(B) the written policies and procedures of all
childcare facilities.
(3) Definition of unobstructed access.--In this subsection,
the term ``unobstructed access'' means--
(A) with respect to a facility, the ability--
(i) to enter the facility at any time,
including unannounced, to observe and inspect
all areas of the facility;
(ii) to communicate privately and without
restriction with any child, caregiver, facility
staff, or volunteer; and
(iii) to obtain, review, and reproduce
any--
(I) record of a child, staff
member, or caregiver;
(II) administrative record, policy,
or document of any facility;
(III) licensing record maintained
by the applicable Federal or State
agency; or
(IV) record, including a
confidential record, of a Federal or
State agency or any contractor of a
Federal or State agency, except sealed
court records, production of which may
only be compelled by subpoena; and
(B) with respect to information, the ability to
obtain requested information in a timely manner and
with the full cooperation of the Secretary or the
Secretary of Homeland Security, as applicable.
(e) Confidentiality.--
(1) Identity of complainants and witnesses.--The
Ombudsperson shall maintain confidentiality with respect to the
identities of complainants or witnesses coming before the
Office, except if such a disclosure is necessary--
(A) to carry out the duties of the Ombudsperson;
and
(B) to support recommendations made in individual
cases, annual reports, or other reports.
(2) Records.--In accordance with relevant Federal and State
law, the Ombudsperson may not disclose a confidential record.
(3) Testimony and deposition.--The Ombudsperson and
employees of the Office may not testify or be deposed in a
judicial or administrative proceeding regarding matters that
have come to their attention in the exercise of their official
duties, except as the Ombudsperson considers necessary to
enforce this Act or the amendments made by this Act.
(4) Subpoena and discovery.--The records of the Office,
including notes, drafts, and records obtained from an
individual, a provider, or an agency during intake, review, or
investigation of a complaint, and any reports not released to
the public are not subject to disclosure or production in
response to a subpoena or discovery in a judicial or
administrative proceeding, except as the Ombudsperson considers
necessary to enforce this Act or the amendments made by this
Act.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 602. DATA COLLECTION AND REPORTING.
(a) Department of Homeland Security.--
(1) In general.--The Secretary of Homeland Security shall
collect and maintain a record of each noncitizen child held in
the custody of the Secretary of Homeland Security.
(2) Frequency and submission of data collected.--
(A) In general.--Not less frequently than weekly,
the Secretary of Homeland Security shall--
(i) collect the information described in
paragraph (3) from each district office and
Border Patrol station; and
(ii) submit such data to--
(I) the Ombudsperson; and
(II) the Committee on the Judiciary
and the Committee on Appropriations of
the Senate and the Committee on the
Judiciary and the Committee on
Appropriations of the House of
Representatives.
(3) Information described.--The information described in
this paragraph is the following:
(A) Individual data.--For each noncitizen child in
the custody of the Secretary of Homeland Security, the
following:
(i) Biographical information, including
full name, date of birth, country of
citizenship, preferred language, and alien
number.
(ii) The date the child was apprehended and
placed in such custody.
(iii) The date and the time the child was
released or transferred from such custody and
to whom the child was so released or
transferred.
(iv) For each accompanying family member of
the child or other adult the child identifies
as a previous caregiver, biographical and
contact information.
(v) An indication as to whether the child
arrived in the company of a family member other
than a parent or legal guardian, and in the
case of a separation from that family member, a
justification for the separation.
(B) Aggregated data.--
(i) The number of children in the custody
of the Secretary of Homeland Security as of the
last day of each calendar month, calculated to
include all such children, disaggregated by--
(I) facility; and
(II) Border Patrol sector.
(ii) The largest number of children
concurrently held in such custody, calculated
to include all such children, and the 1 or more
dates on which such largest number occurred,
disaggregated by--
(I) facility; and
(II) Border Patrol sector.
(iii) The median and average number of
hours in such custody for each such child,
calculated to include all such children,
disaggregated by--
(I) facility; and
(II) Border Patrol sector.
(4) Publication.--Not less frequently than monthly, the
Secretary of Homeland Security shall publish on a publicly
accessible internet website of the Department of Homeland
Security the following:
(A) The figures for the data collected under
paragraph (3)(B)(i).
(B) For the preceding calendar month, the figures
for the data collected under clauses (ii) and (iii) of
paragraph (3)(B).
(b) Office of Refugee Resettlement.--
(1) In general.--To support the data collection and
monitoring duties of the Ombudsperson and to facilitate public
monitoring, the Director shall--
(A) develop a systemic data collection system to
collect and maintain relevant demographic information
that is pertinent to serving--
(i) the population of unaccompanied
noncitizen children in the custody of the
Secretary of Health and Human Services; and
(ii) children who have been released from
such custody with services pending;
(B) not less than every 3 years, review the data
collected, the categorization of such data, the
information architecture for organizing and analyzing
such data, any safety concern relating to the
collection of such data, and the method for obtaining
or collecting such data under such system;
(C)(i) as appropriate, revise such system to make
improvements in service delivery to unaccompanied
noncitizen children; and
(ii) if such system is so revised, ensure the
continuity of comparative data from periods before and
after the revision; and
(D) ensure the ongoing functioning and use of such
system by the Office of Refugee Resettlement.
(2) Frequency of data collected.--Not less frequently than
weekly, the Director shall--
(A) collect from each childcare facility the
information described in paragraph (3); and
(B) maintain such information in the system
described in paragraph (1)(A).
(3) Information described.--The information described in
this paragraph is the following:
(A) Individual data.--For each unaccompanied
noncitizen child in the custody of the Secretary of
Homeland Security--
(i) biographical information, including
full name, date of birth, country of
citizenship, preferred language, and alien
number;
(ii) the date the child was apprehended and
placed in such custody of the Secretary of
Homeland Security;
(iii) the date the child was placed in the
custody of the Secretary of Health and Human
Services;
(iv) the date on which the child was placed
in a childcare facility, or transferred between
childcare facilities, as applicable, and the
name and location of each childcare facility;
(v) in the case of a child placed in a
residential treatment center, therapeutic
childcare facility, staff-secure facility, or
out-of-network facility, a justification for
such placement;
(vi) the status of the child's family
reunification process, including--
(I) a record of the 1 or more case
managers who have worked on the child's
case, including a description of the
work performed;
(II) in the case of a child who is
released or discharged from the custody
of the Secretary of Health and Human
Services--
(aa) the date of release or
discharge;
(bb) the name of the
individual to whom the child
was released, as applicable;
and
(cc) the reason for release
or discharge; and
(III) in the case of a child
removed from the United States, the
date of removal and the country to
which he or she was removed, regardless
of whether a child was removed directly
from the custody of the Secretary of
Health and Human Services; and
(vii) the number of occasions on which the
operator of a childcare facility or an influx
facility contacted law enforcement with respect
to the child, as applicable, and the
justification for each such contact.
(B) Facility data.--For each childcare facility or
influx facility funded by the Department of Health and
Human Services--
(i) the median length of stay for
unaccompanied noncitizen children placed at the
facility;
(ii) for children who have been released to
sponsors, the median amount of time spent by
such children in the custody of the Secretary
of Health and Human Services before release;
(iii) the utilization rate of the facility
(excluding funded but unplaceable beds and
calculated as the number of filled beds divided
by the number of beds available for placement,
expressed as a percentage);
(iv) the percentage of unaccompanied
noncitizen children transferred from the
facility to any other facility, calculated on a
rolling basis; and
(v) the number and type of child abuse or
neglect allegations against facility staff or
against other children in the facility, and the
number of such allegations substantiated.
(C) National capacity data.--
(i) In general.--For all childcare
facilities and influx facilities, in the
aggregate--
(I) the number of pending beds; and
(II) the number of delivered beds,
disaggregated by--
(aa) beds occupied by
unaccompanied noncitizen
children;
(bb) unoccupied beds
available for potential use by
unaccompanied noncitizen
children; and
(cc) unavailable beds that
are funded but cannot receive
children.
(ii) Definitions.--In this subparagraph:
(I) Delivered bed.--The term
``delivered bed'' means a bed delivered
to the Department of Health and Human
Services for use by an unaccompanied
noncitizen child.
(II) Pending bed.--The term
``pending bed'' means a bed--
(aa) to be provided to the
Department of Health and Human
Services for use by an
unaccompanied noncitizen child
that is funded by a grant,
cooperative agreement,
contract, or any other means;
but
(bb) that is not yet a
delivered bed.
(D) Family reunification data.--For all
unaccompanied noncitizen children in the custody of the
Secretary of Health and Human Services--
(i) the median time-to-release,
disaggregated by--
(I) children released to parents or
legal guardians;
(II) children released to other
sponsors;
(III) children who have home
studies mandated by section 235 of the
Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C.
1232);
(IV) children granted home studies
through the discretion of the Director;
and
(V) all other children; and
(ii) the number of children who have been
in such custody for more than 90 days,
disaggregated by--
(I) children placed in therapeutic
foster care;
(II) children placed in long-term
foster care; and
(III) children in placements that
are not therapeutic foster care or
long-term foster care.
(E) Comprehensive national data.--
(i) The number and characteristics of
children placed in and exiting the custody of
the Secretary of Health and Human Services.
(ii) The status of the unaccompanied
noncitizen child population, including the
number of such children in such custody, age
cohorts of such children, length of placements,
types of placements, location in-network or
out-of-network, and goals for reunification by
sponsor or placement type.
(iii) The number and percentage of
unaccompanied noncitizen children designated
for and receiving any of the following:
(I) Mandatory home studies.
(II) Discretionary home studies.
(III) Post-release services.
(iv) The number and percentage of
unaccompanied noncitizen children held in a
facility funded by the Office of Refugee
Resettlement with more than 25 other
unaccompanied noncitizen children.
(v) The number and percentage of
unaccompanied noncitizen children with special
needs or disabilities (as defined in section 3
of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102)).
(vi) For each type of childcare facility
and each influx facility--
(I) the average national case
manager-to-child ratio; and
(II) the national utilization rate
(excluding funded but unplaceable beds
and calculated as the number of filled
beds divided by the number of beds
available for placement, expressed as a
percentage).
(vii) The number of such facilities alleged
and found to be out of compliance with the
facility standards under the Prison Rape
Elimination Act of 2003 (34 U.S.C. 30301 et
seq.).
(viii) The number and types of violations
for sexual abuse and exploitation alleged and
resolved with respect to unaccompanied
noncitizen children while in the custody of the
Secretary of Health and Human Services, counted
and categorized in accordance with the Prison
Rape Elimination Act of 2003 (34 U.S.C. 30301
et seq.).
(ix) The rate of compliance with
subparagraphs (A) and (B) of section 231(a)(2).
(F) Further population and general characteristics
data.--
(i) In general.--
(I) The general status and
characteristics of the population of
unaccompanied noncitizen children and
their family members.
(II) The general quality and speed
of the placement process, and
information on post-placement outcomes.
(III) Barriers to release for such
children, including relevant cross-
tabulations with other collected data.
(IV) An identification of children
who are vulnerable to or victims of
human trafficking.
(V) The general status and
characteristics of facilities funded by
the Office of Refugee Resettlement for
the purpose of the care of
unaccompanied noncitizen children.
(VI) The rate of increase or
decrease in childcare facility usage,
such that cross-facility comparisons
are useful or systemwide seasonal
variations may be anticipated.
(VII) Aggregate measures that allow
comparison between facilities by size,
placement type, and any other
appropriate factor of number and type
of child abuse or neglect allegations
against staff or against other
children.
(ii) Collection standards.--The Director
shall develop and implement standards for the
collection of the information described in
clause (i).
(4) Submission of data and information.--Not less
frequently than weekly, the Director shall submit, in a manner
that corresponds with publication under paragraph (6), the
information described in paragraph (3) for the preceding week
to--
(A) the Ombudsperson; and
(B) the Committee on the Judiciary and the
Committee on Appropriations of the Senate and the
Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives.
(5) Additional requirements.--
(A) Reliability and consistency of data collection
system.--The data collection system developed and
implemented under paragraph (1) shall--
(i) ensure that--
(I) data collected is reliable and
consistent over time and among
jurisdictions through the use of
uniform definitions and methodologies;
and
(II) publicly available data
remains reliable and consistent over
time, unless--
(aa) the removal of data
from the public domain protects
individuals or groups of
individuals from harm or
potential harm; or
(bb) a modification to a
definition or methodology is
necessary to allow the Office
of Refugee Resettlement to
serve unaccompanied noncitizen
children better, individually
or as a group; and
(ii) for the information described in
paragraph (3)(F), include metadata with respect
to whether, and in what form, such information
may be made available to the public, with the
presumption that information shall be made
available to the public--
(I) in the least restricted form
that protects individual privacy; and
(II) on the same internet website
used for publication under paragraph
(6).
(B) Incentives.--The Director shall use appropriate
requirements and incentives to ensure that the data
collection system developed and implemented under
paragraph (1) functions reliably throughout the United
States.
(6) Publication.--
(A) Monthly report.--
(i) In general.--Not less frequently than
monthly, the Director shall publish on a
publicly accessible internet website of the
Office of Refugee Resettlement the following:
(I) As of the last day of the
preceding calendar month, the figures
for the data collected under
subparagraphs (C), (D)(ii), and (E)(ii)
of paragraph (3).
(II) For each calendar month, the
figures for the data collected under
subparagraphs (D)(i), (E)(i), (E)(v),
and (E)(vi) of paragraph (3).
(III) If an influx facility, an
emergency facility, or any other
unlicensed facility is in operation to
house noncitizen children, the figures
for the data collected under paragraph
(3)(E)(ix) and any other data required
to ensure oversight and transparency
under section 306.
(IV) The data and measures
described in paragraph (3)(F) for which
new or continuing publication is--
(aa) in the public
interest; or
(bb) required under
paragraph (5)(A).
(V) A description of any change
between the information reported under
subclauses (I) through (IV) for the
reporting period and such information
reported for the preceding reporting
period.
(ii) Aggregation of data.--The information
published under clause (i) shall be aggregated
so as to facilitate uniform monthly reporting.
(B) Annual report.--
(i) In general.--Not less frequently than
annually, the Director shall publish on a
publicly accessible internet website of the
Office of Refugee Resettlement the following:
(I) As of the last day of each
fiscal year, the figures for the data
collected under subparagraphs (E)(iii),
(E)(v), (E)(vii), and (E)(viii) of
paragraph (3).
(II) The data and measures
described in paragraph (3)(F) for which
new or continuing publication is--
(aa) in the public
interest; or
(bb) required under
paragraph (5)(A).
(III) A description of any change
between the information reported under
subclauses (I) and (II) for the
reporting period and such information
reported for the preceding reporting
period.
(ii) Aggregation of data.--The information
published under clause (i) shall be aggregated
so as to facilitate uniform annual reporting.
(c) Ombudsperson Review of Data.--The Secretary of Health and Human
Services and the Secretary of Homeland Security shall--
(1) ensure that the Ombudsperson--
(A) has access to all real-time data regarding
noncitizen children in immigration custody; and
(B) is able to independently and regularly review
data collected by the Department of Health and Human
Services and Department of Homeland Security with
respect to such children;
(2) respond in a timely manner to inquiries from the
Ombudsperson with respect to such data; and
(3) promptly take any necessary corrective action with
respect to the accuracy and integrity of such data.
SEC. 603. ENFORCEMENT.
(a) Audits.--
(1) In general.--Not less frequently than annually, the
Director shall conduct an audit of each childcare facility,
which shall include a site visit--
(A) to assess compliance of the childcare facility
with the requirements of this Act; and
(B) to determine whether the operator of the
childcare facility continues to be a State-licensed
program.
(2) Report to ombudsperson.--Not later than 7 days after
the date on which the Director completes an audit under
subsection (a), the Director shall submit to the Ombudsperson a
report on the audit, including a description of any corrective
action required to bring the childcare facility into
compliance.
(b) Violations.--
(1) Notification.--With respect to a childcare facility
found to be in violation of this Act, the Director shall
provide the State-licensed program concerned with a written
notification of each deficiency.
(2) Appeal.--
(A) In general.--A State-licensed program shall
have the opportunity to administratively appeal a
finding of deficiency in a childcare facility operated
by the State-licensed program.
(B) No new referrals.--During the pendency of an
appeal under subparagraph (A), the childcare facility
may not receive new placements of unaccompanied
noncitizen children.
(3) Debarment.--Consistent with the Federal Acquisition
Regulation, any operator of a childcare facility that fails to
maintain an appropriate State license or meet the standards set
forth in this Act shall be debarred or suspended from
contracting with the Secretary for not less than 3 years.
(c) Civil Action.--
(1) In general.--An unaccompanied noncitizen child or the
parent, legal guardian, or prospective sponsor of such a child
alleging noncompliance by a State-licensed program with the
standards and procedures set forth in this Act for childcare
facilities may commence a cause of action in a district court
of the United States that has venue over the matter.
(2) Venue.--Venue for an action under paragraph (1) may be
found in--
(A) the district in which the original childcare
facility in which the unaccompanied noncitizen child
concerned was placed is located; or
(B) the district in which the childcare facility to
which the unaccompanied noncitizen child was
transferred is located.
(d) Limited Review.--Review under this section shall be limited to
entering an order solely affecting the individual claims of the
unaccompanied noncitizen child or the parent, legal guardian, or
prospective sponsor seeking such review.
(e) Interference With Ombudsperson.--An employee of a Federal or
State agency, a contractor of a Federal or State agency, or a care
provider who intentionally prevents, interferes with, or attempts to
impede the work of the Ombudsperson shall be subject to a civil
penalty, which shall be not more than $2,500 for each violation.
(f) Breach of Duty of Care.--If the Ombudsperson has reason to
believe that an employee of a Federal or State agency or a contractor
of a Federal or State agency has, in the conduct of official duties,
breached the duty of care or engaged in misconduct, the Ombudsperson
shall refer the matter to the head of such Federal or State agency, a
grand jury, or other appropriate official or agency.
(g) Criminal Penalty for Discrimination or Retaliation.--A
violation of section 604 or any provision of title VII shall be a
misdemeanor.
SEC. 604. PROTECTION FROM RETALIATION.
(a) In General.--The Director may not--
(1) take an adverse action against an Office of Refugee
Resettlement-funded legal services provider, child advocate
program, or any other entity based on the legal services
provider, child advocate program, or other entity having
pursued judicial review or a civil action under this Act, or
any civil action in a State court, on behalf of an
unaccompanied noncitizen child or the parent, legal guardian,
or prospective sponsor of such a child; or
(2) discourage, interfere in, or withdraw funds from any
Office of Refugee Resettlement-funded legal services provider,
child advocate program, or any other entity that--
(A) pursues judicial review or a civil action under
this Act, or any civil action in State court, to
challenge the conditions of such a child's custody or
the denial of release from custody; or
(B) assists such a child or the parent, legal
guardian, or prospective sponsor of such a child to so
challenge.
(b) Protection for Individuals Filing Complaints With
Ombudsperson.--An employee of a Federal or State agency, a contractor
for a Federal or State agency, or a care provider shall not retaliate
against any individual for having filed a complaint with, or provided
information to, the Ombudsperson.
(c) Protections for Noncitizen Children Reporting Discrimination.--
Noncitizen children in immigration custody may not be retaliated
against for reporting discrimination, filing a charge of
discrimination, or participating in a discrimination investigation or
lawsuit.
SEC. 605. MANDATORY ACCESS TO DETENTION FACILITIES FOR MEMBERS OF
CONGRESS.
(a) In General.--Subject to subsection (c), the Secretary concerned
shall allow a Member of Congress to tour any facility in which 1 or
more detained individuals are housed, including unaccompanied
noncitizen children, at a time between 8:00 a.m. and 7:00 p.m. on a
date requested by the Member of Congress if, not later than 24 hours
before the date requested in the case of a Department of Homeland
Security facility, or not later than 2 business days before the date
requested in the case of a Department of Health and Human Services
facility, the Secretary concerned receives written notice from the
Member of Congress that includes--
(1) the name of the facility; and
(2) the date on which the Member of Congress intends to
tour the facility.
(b) Accompanying Members of the Press.--
(1) In general.--Subject to paragraph (2), the Secretary
concerned shall allow 1 or more members of the press to
accompany a Member of Congress on a tour of a facility under
this section.
(2) Limitations.--
(A) Still or video cameras.--The Secretary
concerned shall not be required to allow a member of
the press to enter a facility under paragraph (1) with
a still or video camera.
(B) Personally identifying information.--As a
condition of entering a facility under paragraph (1), a
member of the press shall agree not to release any
personally identifying information of a staff member of
the facility or a child housed at the facility without
the express authorization of such staff member or
child.
(c) Limitation.--The Secretary concerned may limit a tour under
subsection (a) to--
(1) in the case of a facility that houses not more than 50
unaccompanied noncitizen children--
(A) not more than 5 Members of Congress; and
(B) accompanying members of the press under
subsection (b); and
(2) in the case of a facility that houses more than 50
detained individuals, including unaccompanied noncitizen
children--
(A) not more than 10 Members of Congress; and
(B) accompanying members of the press under
subsection (b).
(d) Definition of Secretary Concerned.--In this section, the term
``Secretary concerned'' means, as applicable--
(1) the Secretary of Homeland Security; or
(2) the Secretary of Health and Human Services.
TITLE VII--NONDISCRIMINATION
SEC. 701. FAIR AND EQUAL TREATMENT.
(a) In General.--All noncitizen children in immigration custody
shall be treated fairly and equally and provided with inclusive, safe,
and nondiscriminatory services.
(b) Freedom From Discrimination.--
(1) In general.--Noncitizen children in immigration custody
shall have the right to be free from discrimination and
harassment on the basis of actual or perceived characteristics
relating to race, ethnic group identification, ancestry,
national origin, color, religion, sex (including sexual
orientation, gender identity, and expression), language, mental
or physical disability, or HIV status.
(2) Provision of services.--Services provided to noncitizen
children under this Act shall be delivered in a manner that is
sensitive to the age, culture, native language, and complex
needs of each noncitizen child.
(c) Rule of Construction.--Nothing in this title shall be construed
to diminish any protection under any other Federal or State anti-
discrimination law.
SEC. 702. RESPONSIBILITIES OF CARE PROVIDERS.
(a) In General.--During the entire period in which a noncitizen
child is held in immigration custody, the child's care providers shall
ensure that the child--
(1) is treated and served fairly and equally;
(2) is treated with dignity and respect;
(3) is cared for in an inclusive and respectful
environment; and
(4) is not subject to discrimination or harassed based on
actual or perceived characteristics.
(b) Special Considerations.--During the entire period in which a
noncitizen child is held in immigration custody, the child's care
providers--
(1) in the case of an noncitizen indigenous child, in
partnership with the noncitizen indigenous child and, to the
extent practicable, the parents, extended family, and members
of the cultural community of the child, shall make active
efforts to maintain the child's connections to culture,
tradition, and prevailing indigenous lifeways, including
through culturally appropriate programs and services;
(2) shall maintain privacy and confidentiality of
information relating to the child's sexual orientation and
gender identity;
(3) shall use the child's correct names and pronouns
corresponding to the child's gender identity;
(4) in the case of an LGBTQI child--
(A) shall--
(i) ensure that the child is housed
according to an assessment of the child's
gender identity and housing preference, health
and safety needs, and State and local licensing
standards;
(ii) offer an individualized assessment to
determine whether additional or alternate
restroom accommodations should be provided;
(iii) allow the child to dress and express
themselves according to their gender identity;
(iv) allow the child to choose the gender
of staff that will conduct a pat-down search if
such a search is necessary; and
(v) consider the child's gender self-
identification and the effects of a housing
assignment on the child's health and safety;
and
(B) shall not--
(i) label the child as a likely abuser or
punish the child for the child's sexual
orientation, gender identity, or gender
expression; or
(ii) isolate or involuntarily segregate the
noncitizen child solely because of the child's
sexual orientation, gender identity, or gender
expression.
TITLE VIII--INFORMATION SHARING AND DATA PROTECTION
SEC. 801. SEPARATION OF RECORDS.
The Director shall ensure that--
(1) all unaccompanied noncitizen children's personal
information and Office of Refugee Resettlement case files and
records are maintained separately and apart from such
children's immigration files (commonly known as ``A-Files'');
and
(2) such case files and records are not accessible by the
Department of Homeland Security.
SEC. 802. PROHIBITION ON USE FOR DENIAL OF RELIEF OR IN REMOVAL
PROCEEDINGS.
An unaccompanied noncitizen child's Office of Refugee Resettlement
case file or record shall not be used by the Secretary of Homeland
Security or the Attorney General--
(1) to deny any application for relief; or
(2) to facilitate involuntary removal in any proceeding,
including expedited removal, reinstatement of removal, and
proceedings under section 362 or 365 of the Public Health
Service Act (42 U.S.C. 265, 268).
SEC. 803. DISCLOSURE.
(a) Informed Consent Required.--
(1) In general.--The personal information and Office of
Refugee Resettlement case file and records of an unaccompanied
noncitizen child--
(A) shall be confidential; and
(B) subject to paragraph (2), may only be disclosed
if the child has--
(i) consulted with the child's legal
counsel; and
(ii) provided informed consent for
disclosure.
(2) Children under 12 years of age.--In the case of an
unaccompanied noncitizen child under the age of 12 years, only
the parent, legal guardian, or sponsor may provide consent for
disclosure of the personal information or Office of Refugee
Resettlement case file of the child.
(3) Subsequent disclosure prohibited.--Once disclosed, the
personal information or Office of Refugee Resettlement case
file of an unaccompanied noncitizen child may not be
subsequently disclosed to a third party unless the child has--
(A) consulted with his or her legal counsel; and
(B) provided informed consent for disclosure.
SEC. 804. PROHIBITION ON INFORMATION SHARING.
(a) Child in Custody and Prospective Sponsors.--The Director may
not provide any information about an unaccompanied noncitizen child in
the custody of the Secretary, or prospective sponsors, to the Attorney
General or the Secretary of Homeland Security without consent of the
unaccompanied noncitizen child concerned or the prospective sponsor, as
applicable, and the legal counsel of the child or sponsor,
respectively.
(b) Immigration Enforcement.--
(1) In general.--The sharing of any information between the
Office of Refugee Resettlement and the Department of Homeland
Security for purposes of immigration enforcement is prohibited.
(2) Explanation for prospective sponsors.--The Director
shall ensure that Office of Refugee Resettlement communications
with sponsors and prospective sponsors, including the family
reunification application packet, includes an explanation that
information provided to the Office of Refugee Resettlement may
only be shared with the Department of Homeland Security if the
child and sponsor or prospective sponsor concerned have
provided informed consent.
(c) Relief From Removal.--The sharing of any information between
the Office of Refugee Resettlement and the Department of Homeland
Security or the Department of Justice for purposes of relief from
removal is prohibited.
(d) Exceptions.--
(1) In general.--The Secretary may provide for the
disclosure of information in the same manner and circumstances
as census information may be disclosed by the Secretary of
Commerce under section 8 of title 13, United States Code.
(2) National security purposes.--The Secretary may provide
for the disclosure of information to national security
officials to be used solely for a national security purpose in
a manner that protects the confidentiality of such information.
(3) Law enforcement purposes.--The Secretary may provide
for the disclosure of information to law enforcement officials
to be used solely for a legitimate law enforcement purpose in a
manner that protects the confidentiality of such information.
(4) Eligibility for benefits.--The Secretary may disclose
information to Federal, State, and local public and private
agencies providing benefits, to be used solely in making
determinations of eligibility for benefits pursuant to section
431 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641).
(5) Adjudication of applications for relief.--Government
entities adjudicating applications for relief under the
immigration laws and government personnel carrying out mandated
duties under section 101(i)(1) of the Immigration and
Nationality Act (8 U.S.C. 1101(i)(1)), may, with the prior
written consent of the noncitizen involved, communicate with
nonprofit, nongovernmental victims' service providers for the
sole purpose of assisting victims in obtaining victim services
from programs with expertise in working with immigrant victims.
Agencies receiving referrals are bound by the provisions of
this section. Nothing in this paragraph shall be construed as
affecting the ability of an applicant to designate a safe
organization through which Governmental agencies may
communicate with the applicant.
(e) Rule of Construction.--Subsections (a), (b), and (c) shall not
be construed as preventing--
(1) disclosure of information in connection with judicial
review of a determination in a manner that protects the
confidentiality of such information; or
(2) the Secretary from disclosing to the chair and ranking
members of the Committee on the Judiciary of the Senate or the
Committee on the Judiciary of the House of Representatives, for
the exercise of congressional oversight authority, information
on closed cases under this section in a manner that protects
the confidentiality of such information and that omits
personally identifying information (including locational
information about individuals).
SEC. 805. COUNSELING RECORDS.
(a) In General.--Subject to subsection (b), information shared by
an unaccompanied noncitizen child in counseling sessions, and written
records and notes of counseling sessions, may not be shared with the
child's case management specialist or any other employee of the Office
of Refugee Resettlement, the Department of Health and Human Services,
the Department of Justice, or the Department of Homeland Security.
(b) Disclosure.--The information, records, and notes described in
subsection (a) may be shared--
(1) with an employee described in that subsection only if
the child presents a documented imminent threat to himself or
herself or to any other individual; or
(2) with the Department of Justice or the Department of
Homeland Security if the child has--
(A) consulted with his or her legal counsel; and
(B) provides informed consent for the disclosure.
(c) Juvenile Information.--
(1) In general.--Juvenile information, including records of
children separated from family, shall remain confidential
regardless of the child's immigration status.
(2) Rule of construction.--Nothing in this Act may be
construed as authorizing--
(A) the disclosure of juvenile information to
Federal officials absent a court order of the judge of
the juvenile court on filing a petition;
(B) the dissemination of juvenile information to,
or by, Federal officials absent a court order of the
judge of the juvenile court on filing a petition;
(C) the attachment of juvenile information to any
other document given to, or provided by, Federal
officials absent prior approval of the presiding judge
of the juvenile court; or
(D) any disclosure that would otherwise violate
this Act.
(3) Definition of juvenile information.--In this section,
the term ``juvenile information'' includes the juvenile case
file and information related to a noncitizen child (including
the name, date, and place of birth of the child, the child's
health and education records, and the immigration status of the
child) that is--
(A) obtained or created independent of, or in
connection with, immigration, asylum, or juvenile court
proceedings of which the child is a subject; and
(B) maintained by any Federal or State agency,
including a court, probation office, child welfare
agency, or law enforcement agency.
SEC. 806. DATA PROTECTION FOR SPONSORS.
(a) In General.--With respect to any information required of
sponsors or prospective sponsors or any data collected in pursuit of
sponsorship, the following protections shall apply:
(1) Such information and data--
(A) may not be disclosed for any purpose or effect
other than reunification of the family unit, placement
of a child with a sponsor, or oversight by Congress;
(B) shall be immune from legal process; and
(C) shall not, without the consent of the sponsor
or prospective sponsor concerned, be admitted as
evidence or used for any purpose in any action, suit,
or other judicial or administrative proceeding.
(2) The Secretary or any other officer or employee of the
Department of Health and Human Services may not--
(A) use such information or data for any purpose
other than for purposes of reunification under section
235 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232);
(B) make any publication in which such information
or data can be identified; or
(C) permit any individual other than the sworn
officers and employees of the Department of Health and
Human Services to examine such information or data.
TITLE IX--MISCELLANEOUS PROVISION
SEC. 901. RULE OF CONSTRUCTION.
Nothing in this Act may be construed--
(1) to limit the rights of a noncitizen child--
(A) to preserve 1 or more issues for judicial
review in the appeal of an individual case; or
(B) to exercise any independent right the
noncitizen child may otherwise have;
(2) to affect the application of the Flores settlement
agreement to all children in immigration custody;
(3) to abrogate, modify, or replace the Flores settlement
agreement; or
(4) 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.
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