[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 286 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 286
To establish vetting standards for the placement of unaccompanied alien
children with sponsors, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 28, 2025
Mr. Scott of Florida (for himself and Mr. Johnson) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To establish vetting standards for the placement of unaccompanied alien
children with sponsors, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Human Trafficking of
Unaccompanied Migrant Children Act of 2025''.
SEC. 2. VETTING STANDARDS FOR PLACEMENT OF UNACCOMPANIED ALIEN CHILDREN
WITH SPONSORS.
(a) Vetting of Prospective Sponsors.--
(1) In general.--Before an unaccompanied alien child (as
defined in section 462(g) of the Homeland Security Act of 2002
(6 U.S.C. 279(g))) may be released from the custody of the
Secretary of Health and Human Services to the custody of a
sponsor, the sponsor shall undergo and complete, to the
satisfaction of the Secretary of Health and Human Services and
the head of the department of children and family services of
the applicable State (or the equivalent State agency) and in
consultation with the Attorney General and the Secretary of
Homeland Security, a fingerprint background check and vetting
process that includes--
(A) a public records check;
(B) a check of the National Sex Offender Registry
of the Department of Justice, conducted through the
public internet website for such registry;
(C) a Federal Bureau of Investigation National
Criminal History check based on digital fingerprints or
digitized fingerprints submitted on paper;
(D) a Child Abuse and Neglect check, obtained on a
State-by-State basis; and
(E) a check of the criminal history repository of
the applicable 1 or more States and a police records
check of the applicable localities.
(2) Adults household members.--As part of the vetting
process under paragraph (1), each individual who is 18 years of
age or older in the household of a prospective sponsor shall
undergo and complete all vetting processes required by
paragraph (1), to the satisfaction of the Secretary of Health
and Human Services and the head of the department of children
and family services of the applicable State (or the equivalent
State agency) and in consultation with the Attorney General and
the Secretary of Homeland Security, before an unaccompanied
alien child may be placed in such household.
(b) Limitation on Placement With Illegal Aliens.--The Secretary of
Health and Human Services may not release an unaccompanied alien child
to the custody of a sponsor who is an alien unlawfully present in the
United States, unless such alien is a biological parent, legal
guardian, or relative of the child.
(c) Monitoring Visits.--
(1) Pre-release.--Before an unaccompanied alien child may
be released from the custody of the Secretary of Health and
Human Services, the Secretary shall conduct a home visit to the
household in which the child is proposed to be placed,
regardless of the sponsor category of the prospective sponsor.
(2) Post-release.--For each child released from the custody
of the Secretary of Health and Human Services after the date of
the enactment of this Act, the Secretary shall conduct--
(A) during the 1-year period beginning on the date
on which the child is so released, not fewer than 5
unannounced in-person home visits; and
(B) during the subsequent 1-year period, 1 in-
person home visit each quarter.
(d) Retroactive Vetting.--The Secretary of Health and Human
Services, in collaboration with the head of the department of children
and family services of each applicable State (or the equivalent State
agency) and in consultation with the Attorney General and the Secretary
of Homeland Security, shall immediately conduct the fingerprint
background check and vetting process described in subsection (a) for
each sponsor with whom a child released from the custody of the
Secretary of Health and Human Services has been placed since January
20, 2021, until the sponsor of each such child has been vetted in
accordance with this Act.
(e) Monthly Reports.--
(1) Children in custody and released to sponsors.--Not
later than 30 days after the date of the enactment of this Act,
and every 30 days thereafter, the Secretary of Health and Human
Services and the Secretary of Homeland Security shall jointly
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of
the House of Representatives a report that contains, for the
preceding month--
(A) the number of unaccompanied alien children
encountered by the Secretary of Homeland Security;
(B) the number of unaccompanied alien children
released by the Secretary of Homeland Security into the
custody of the Secretary of Health and Human Services;
(C) the number of sponsor background checks
completed under subsection (a);
(D) the number of sponsor background checks in
progress under such subsection;
(E) the number of pre-release home visits
completed;
(F) the number of post-release home visits
completed;
(G) the number of unaccompanied alien children
released to sponsors, disaggregated by sponsor
category;
(H) total number of unaccompanied alien children in
the custody of the Secretary of Health and Human
Services, disaggregated by State and Department of
Health and Human Services facility; and
(I) the rate at which the Secretary of Health and
Human Services rejected sponsorship applications.
(2) Missing children.--Not later than 30 days after the
date of the enactment of this Act, and every 30 days
thereafter, the Secretary of Health and Human Services and the
Secretary of Homeland Security shall jointly submit to Congress
a report on all efforts made, during the preceding month, by
the Department of Health and Human Services and the Department
of Homeland Security to account for all children--
(3) who were released from the custody of the Secretary of
Health and Human Services to a sponsor on or after January 20,
2021; and
(4) as of the date of the enactment of this Act--
(A) who have been reported missing; or
(B) with respect to whom the Secretary of Health
and Human Services has no record since the date of
release from custody.
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