[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8536 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8536
To establish the Office of the Ombudsperson for Immigrant Children in
Immigration Custody, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2024
Ms. Jayapal (for herself, Mr. Nadler, Ms. Norton, Ms. Omar, Mr. Goldman
of New York, Mr. Jackson of Illinois, Mr. Castro of Texas, Mrs.
Ramirez, Ms. Barragan, Mr. McGovern, Mrs. Hayes, Ms. Jackson Lee, Ms.
Lee of California, Ms. Balint, Ms. Lofgren, Ms. Scanlon, and Ms. Tlaib)
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 establish the Office of the Ombudsperson for Immigrant 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.
This Act may be cited as the ``Protection of Kids in Immigrant
Detention Act'' or ``PROKID Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Committee.--The term ``Committee'' means the expert
advisory committee established under section 5(a).
(2) Director.--The term ``Director'' means the Director of
the Office of Refugee Resettlement.
(3) Facility.--The term ``facility''--
(A) means a location at which 1 or more immigrant
children are detained by the Government or held in
immigration custody; and
(B) includes--
(i) an Office of Refugee Resettlement
facility; and
(ii) a Department of Homeland Security
facility, including--
(I) a U.S. Customs and Border
Protection temporary holding facility
and transportation contractor;
(II) a U.S. Immigration and Customs
Enforcement family detention facility;
(III) a U.S. Immigration and
Customs Enforcement juvenile facility;
(IV) a location operated by a
private entity, including a hotel room;
and
(V) any other location at which the
Department of Homeland Security or the
Department of Health and Human Services
detains or holds in custody an
immigrant child.
(4) 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).
(5) Influx facility.--The term ``influx facility'' means
any facility established to provide temporary emergency shelter
and services for unaccompanied immigrant children during an
influx or emergency.
(6) Flores settlement agreement.--The term ``Flores
settlement agreement'' means the stipulated settlement
agreement filed in the United States District Court for the
Central District of California on January 17, 1997 (CV 85-4544-
RJK).
(7) Immigrant child.--The term ``immigrant child'' means an
alien (as defined in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a))) under the age of 18 years.
(8) In-network facility.--The term ``in-network facility''
means a facility operated by an Office of Refugee Resettlement
grantee, subgrantee, contractor, or subcontractor.
(9) Office of refugee resettlement facility.--The term
``Office of Refugee Resettlement facility''--
(A) means--
(i) a shelter operated by an Office of
Refugee Resettlement grantee, subgrantee,
contractor, or subcontractor to hold immigrant
children;
(ii) staff secure, secure care, or
transitional foster care housing or long term
foster care so operated; or
(iii) any other location operated by the
Office of Refugee Resettlement to hold
immigrant children; and
(B) includes an in-network facility and an out-of-
network facility.
(10) Office of the ombudsperson.--The term ``Office of the
Ombudsperson'' means the Office of the Ombudsperson for
Immigrant Children in Government Custody established by section
3(a).
(11) Ombudsperson.--The term ``Ombudsperson'' means the
ombudsperson appointed under section 3(c).
(12) Out-of-network facility.--The term ``out-of-network
facility'' means a facility at which an immigrant child is
placed as a result of an Office of Refugee Resettlement
determination that there is no care provider available among
in-network facilities to provide specialized services required
by the immigrant child, such as medical or mental health
support.
(13) Unobstructed access.--The term ``unobstructed access''
means--
(A) with respect to a facility, the ability to
enter the facility, including unannounced, to tour and
physically visit all areas of the facility; and
(B) with respect to information, the ability to
obtain requested information in a timely manner with
the full cooperation of the Director, the Secretary of
Homeland Security, or the Secretary of Health and Human
Services, as applicable.
(14) Working group.--The term ``Working Group'' means the
interagency working group established under section 6(b).
SEC. 3. OFFICE OF THE OMBUDSPERSON FOR IMMIGRANT CHILDREN IN
IMMIGRATION CUSTODY.
(a) Establishment.--There is established, within the Department of
Health and Human Services, an Office of the Ombudsperson for Immigrant
Children in Immigration Custody--
(1) to endorse and support the principle that family
separation and detention are generally not in a child's best
interest; and
(2) in cases in which detention or immigration custody is
required--
(A) to ensure that immigrant children are only
detained or held in immigration custody in the least
restrictive setting;
(B) to advocate for the quick, safe, and efficient
release of immigrant children from detention or
immigration custody whenever possible; and
(C) in any case in which an immigrant child is held
in Department of Homeland Security custody together
with his or her family unit, to advocate for the
release of the child and concurrent release of the
parent or legal guardian of the child not later than 72
hours after the time at which such child and parent or
legal guardian were apprehended.
(b) Independence.--The Office of the Ombudsperson shall be an
impartial, confidential resource fully independent of--
(1) the Office of Refugee Resettlement of the Department of
Health and Human Services; and
(2) the Department of Homeland Security.
(c) Ombudsperson.--
(1) In general.--The Office of the Ombudsperson shall be
headed by an Ombudsperson, who shall be appointed by, and
report directly to, the Secretary of Health and Human Services.
(2) Qualifications.--The individual appointed as
Ombudsperson shall have demonstrated experience in--
(A) immigration law; and
(B) child advocacy or child welfare.
(3) Duties and authorities.--
(A) Monitoring.--
(i) In general.--The Ombudsperson shall
monitor, including by making frequent site
visits, for compliance with all applicable
Federal and State laws, regulations, and
standards relating to immigrant children in
immigration custody.
(ii) Inclusions.--The laws, regulations,
and standards referred to in clause (i)
include--
(I) the Flores settlement
agreement;
(II) section 235 of the William
Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008
(8 U.S.C. 1232);
(III) the applicable provisions of
the Prison Rape Elimination Act of 2003
(34 U.S.C. 30301 et seq.);
(IV) the standards of U.S. Customs
and Border Protection entitled
``National Standards on Transport,
Escort, Detention, and Search'' issued
in October 2015; and
(V) internal Office of Refugee
Resettlement policy guidance, including
the guidance entitled ``ORR Policy
Guide: Children Entering the United
States Unaccompanied'' issued on
January 30, 2015.
(iii) Onsite visits for influx facilities
and unlicensed facilities.--
(I) In general.--Not less
frequently than monthly during the
period in which an influx facility or
an unlicensed facility is in operation,
the Ombudsperson shall conduct a
comprehensive onsite visit at such
facility to monitor for compliance with
applicable Federal and State law
(including regulations), including--
(aa) the Flores settlement
agreement; and
(bb) section 235 of the
William Wilberforce Trafficking
Victims Protection
Reauthorization Act of 2008 (8
U.S.C. 1232).
(II) Certain unlicensed
facilities.--The onsite visits required
by subclause (I) shall include visits
to any unlicensed facility.
(B) Investigations.--
(i) In general.--The Ombudsperson shall
investigate issues including--
(I) claims or reports of abuse,
neglect, or mistreatment of immigrant
children, by the Government or any
other entity, while in immigration
custody;
(II) complaints against foster care
providers, including foster care
providers under State oversight;
(III) a lack of timely,
confidential access to professionals
such as legal counsel, legal services
providers, child advocates, and medical
professionals; and
(IV) complaints with respect to--
(aa) the conditions of
custody or length of time in
custody in any facility; and
(bb) sexual abuse or sexual
harassment, including potential
violations of part 411 of title
45, Code of Federal Regulations
(relating to standards to
prevent, detect, and respond to
sexual abuse and sexual
harassment involving
unaccompanied children).
(ii) State licensing violations.--If in the
course of an investigation under clause (i) the
Ombudsperson discovers a State licensing
violation, the Ombudsperson shall report the
violation to the child welfare licensing agency
of the applicable State.
(iii) Violations in unlicensed
facilities.--
(I) In general.--The Ombudsperson
shall investigate any potential
violation of law, regulation, or
standard in an influx facility or
unlicensed facility, including any such
facility the license of which has been
revoked by a State.
(II) Report.--If in the course of
an investigation under subclause (I),
the Ombudsperson determines that a
violation of law, regulation, or
standard has occurred, not later than
30 days after making such
determination, the Ombudsperson shall
report the violation the Secretary of
Health and Human Services for further
action.
(C) Placement review panels.--
(i) In general.--The Ombudsperson shall
provide oversight of placement review panels
(or successor review bodies or processes),
convened by the Office of Refugee Resettlement.
(ii) Cooperation of director.--The Director
may--
(I) not later than 5 days before a
placement review panel (or successor
review body or process), is convened by
the Office of Refugee Resettlement,
provide the Ombudsperson with notice of
the convening, including the location
of the immigrant child concerned;
(II) allow the Ombudsperson to
attend the convening of such a panel
(or successor review body or process),
if the immigrant child concerned or the
legal counsel or child advocate of such
child requests the presence of the
Ombudsperson; and
(III) notify the Ombudsperson of
the decision of each such panel (or
successor review body or process).
(iii) Civil action not precluded.--Any
review conducted by the Ombudsperson under this
subparagraph of a decision by a placement
review panel or equivalent review body shall
not preclude an immigrant child, or the legal
counsel, child advocate, parent, or prospective
sponsor of the immigrant child, from commencing
a civil action in any appropriate district
court of the United States.
(D) Stakeholder meetings.--Not less frequently than
quarterly, the Ombudsperson shall invite community
stakeholders, Flores settlement agreement class
counsel, and the Flores settlement agreement court-
appointed monitor to participate in a meeting--
(i) to ensure that the Ombudsperson is
aware of stakeholder concerns and priorities;
and
(ii) to provide feedback on stakeholder
requests.
(E) Regional offices.--The Ombudsperson shall
establish regional offices of the Office of the
Ombudsperson--
(i) to ensure the inclusion of pertinent
local and regional issues, trends, and
challenges for consideration by the
Ombudsperson;
(ii) to strengthen State oversight;
(iii) to coordinate with State licensing
entities; and
(iv) to identify and address differences
among State child protection laws.
(F) Individual case assistance.--
(i) In general.--With respect to an
immigration child in immigration custody, after
consultation with the child's attorney or legal
service provider contracted to provide legal