[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8502 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8502 To provide protections for children in immigration custody, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 22, 2024 Ms. Kamlager-Dove (for herself, Ms. Barragan, Mr. Johnson of Georgia, Ms. Norton, Mr. Espaillat, Mrs. Cherfilus-McCormick, Ms. Jacobs, and Mr. McGovern) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ 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