[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3531 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3531

To provide protection for children affected by the immigration laws of 
               the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2009

 Ms. Woolsey (for herself, Ms. Clarke, Ms. Kilpatrick of Michigan, Mr. 
  Honda, Ms. Roybal-Allard, and Mr. Polis of Colorado) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committee on Ways and Means, 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 protection for children affected by the immigration laws of 
               the United States, 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 ``Humane Enforcement and Legal 
Protections for Separated Children Act'' or the ``HELP Separated 
Children Act''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act:
            (1) Apprehension.--The term ``apprehension'', in the 
        context of an immigration enforcement-related activity, means 
        government detention, arrest, or custody, or any significant 
        deprivation of an individual's freedom of action by government 
        officials or entities acting under agreement with the 
        Department of Homeland Security for suspicion of violations 
        under the Immigration and Nationality Act (8 U.S.C. 1101 et 
        seq.).
            (2) Immigration enforcement-related activity.--The term 
        ``immigration enforcement-related activity'' means any 
        government action or action carried out by an entity under 
        agreement with the government in which--
                    (A) an individual suspected of an immigration 
                violation is apprehended for such violation; or
                    (B) an individual who has been detained on criminal 
                charges is questioned about possible immigration 
                violations.
            (3) SSA.--The term ``SSA'' means the appropriate State or 
        local social service agency, including relevant nongovernmental 
        organizations, child welfare agencies, child protective service 
        agencies, school and head start administrators, legal service 
        providers, and hospitals.

SEC. 3. APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT-RELATED 
              ACTIVITIES.

    (a) In General.--Any immigration enforcement-related activity 
engaged in by the Department of Homeland Security or by other entities 
under agreement with the Department of Homeland Security for alleged 
violations under the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.), which results in the apprehension of at least 1 alien shall be 
carried out in accordance with the procedures described in this 
section.
    (b) Apprehension Procedures.--The Department of Homeland Security 
and entities under agreement with the Department of Homeland Security 
shall--
            (1) conduct an initial review of each individual 
        apprehended in an immigration enforcement-related activity to 
        ascertain whether such individual may be a United States 
        citizen, a lawful permanent resident of the United States, or 
        an alien lawfully present in the United States;
            (2) if an individual claims to be a United States citizen, 
        a lawful permanent resident of the United States, or an alien 
        lawfully present in the United States, ensure that personnel of 
        the Department of Homeland Security or personnel under 
        agreement with the Department of Homeland Security investigates 
        the individual's claims and considers the individual for 
        release under section 4(c);
            (3) notify SSAs of such immigration enforcement-related 
        activity not later than 24 hours before the commencement of 
        such activity, specifically notifying the SSAs of--
                    (A) the specific area of the State that will be 
                affected; and
                    (B) the languages anticipated may be spoken by 
                individuals at the targeted site;
            (4) if such immigration enforcement-related activities 
        cannot be planned more than 24 hours in advance, notify SSAs in 
        a timely fashion before the activity commences or, if this is 
        not possible, immediately following the commencement of such 
        activity;
            (5) provide licensed social workers or case managers 
        employed or contracted by the SSAs with ongoing confidential 
        access to individuals apprehended by the Department of Homeland 
        Security or any entity operating under agreement with the 
        Department of Homeland Security within six hours of the 
        individual's apprehension--
                    (A) to screen and interview such individuals to 
                determine if he or she is a member of a vulnerable 
                population as described in section 4(b) or for other 
                humanitarian concerns; and
                    (B) to offer confidential psychosocial and mental 
                health services to children and family members of such 
                individuals at the time of the apprehension;
            (6) notify local law enforcement of the specific area of 
        the State that will be affected by such immigration 
        enforcement-related activity not later than 24 hours before the 
        commencement of such activity or, if such immigration 
        enforcement-related activity cannot be planned more than 24 
        hours in advance, notify local law enforcement in a timely 
        fashion before the activity commences, or if this is not 
        possible, immediately following the commencement of such 
        activity;
            (7) coordinate with qualified medical personnel within six 
        hours of the individual's apprehension to--
                    (A) conduct medical screenings of the individuals 
                subject to the immigration enforcement-related 
                activity; and
                    (B) identify and report any medical or other issues 
                that might necessitate release as a member of a 
                vulnerable population or emergency assistance;
            (8) require personnel of the Department of Homeland 
        Security and any entity operating under agreement with the 
        Department of Homeland Security to avoid the apprehension of 
        persons on the premises or in the immediate vicinity of day 
        care centers, head start centers, schools, school bus stops, 
        recreation centers, legal service providers, courts, funeral 
        homes, cemeteries, colleges, victim services agencies, social 
        service agencies, hospitals, health care clinics, community 
        centers, and places of worship;
            (9) before transferring any individual apprehended by the 
        Department of Homeland Security or any entity operating under 
        agreement with the Department of Homeland Security to a 
        detention facility, and before transferring any individual 
        apprehended by the Department of Homeland Security or any 
        entity operating under agreement with the Department of 
        Homeland Security outside the region in which the apprehension 
        took place, determine, based on all information available to 
        the Department of Homeland Security, entities operating under 
        agreement with the Department of Homeland Security, and the 
        recommendations made by SSAs and medical personnel--
                    (A) if the individual is a member of a vulnerable 
                population as described in section 4(b); and
                    (B) if the individual should be released in 
                accordance with section 4(c);
            (10) provide, and advertise in the mainstream and foreign 
        language media, as well as make available to the public via the 
        website of the Department of Homeland Security, a toll-free 
        number through which family members of persons apprehended as a 
        result of an immigration enforcement-related activity may 
        report information relevant to the release of an apprehended 
        family member as a member of a vulnerable population, which 
        will be conveyed to the appropriate Department of Homeland 
        Security official and applicable SSA, and through which State 
        child welfare service providers, family members, and legal 
        counsel representing those who are apprehended may obtain 
        information about the apprehended family members, including 
        their location, in English and the majority language of those 
        who are apprehended;
            (11) if there is reason to believe that an individual who 
        is apprehended is a parent, legal guardian, or primary 
        caregiver relative of a dependent child in the United States, 
        provide this parent, legal guardian, or primary caregiver 
        relative with--
                    (A) confidential and toll-free telephone calls to 
                arrange for care of dependent children within 2 hours 
                of screening;
                    (B) information regarding and contact information 
                for legal service providers, organizations, and 
                attorneys that can offer free legal advice regarding 
                child welfare and custody determinations; and
                    (C) information regarding and contact information 
                for multiple State and local child welfare providers;
            (12) ensure that personnel of the Department of Homeland 
        Security and of entities operating under agreement with the 
        Department do not--
                    (A) interrogate or screen individuals in the 
                immediate presence of children;
                    (B) interrogate, arrest, or detain any child 
                apprehended with his or her parent or parents without 
                the presence or consent of a parent, family member, 
                legal guardian, or legal counsel; or
                    (C) compel or request children to translate for 
                other individuals who are encountered as part of an 
                immigration enforcement-related activity;
            (13) provide all Department of Homeland Security personnel, 
        personnel from entities under agreement with the Department of 
        Homeland Security participating, SSAs, and medical personnel 
        with detailed instructions on what steps to take if they 
        encounter individuals who are a member of a vulnerable 
        population;
            (14) ensure that the best interests of children are 
        considered in decisions and actions relating to the detention 
        or release of any individual apprehended by the Department of 
        Homeland Security, and that there be a preference for family 
        unity whenever appropriate;
            (15) ensure that not fewer than one independent certified 
        interpreter who is fluent in Spanish or any language other than 
        English spoken by more than 5 percent of the target population 
        of the immigration enforcement-related activity is available 
        for in-person translation for every 5 individuals targeted by 
        an immigration enforcement-related activity, and that the 
        Department of Homeland Security and entities operating under 
        agreement with the Department of Homeland Security utilize 
        appropriate translation services where interpreters cannot or 
        have not been retained prior to commencement of an immigration 
        enforcement activity;
            (16) permit nonprofit legal service providers, 
        organizations, and attorneys to offer free legal services to 
        individuals subject to an immigration enforcement-related 
        activity at the time of the apprehension of such individuals; 
        and
            (17) provide a legal orientation presentation for any 
        individual apprehended through an immigration enforcement-
        related activity through the Legal Orientation Program 
        administered by the Executive Office for Immigration Review.

SEC. 4. BASIC PROTECTIONS FOR VULNERABLE POPULATIONS.

    (a) In General.--Not later than 48 hours after the commencement of 
an immigration enforcement-related activity, the Department of Homeland 
Security shall, based on all information available to the Department of 
Homeland Security, entities operating under agreement with the 
Department of Homeland Security, and the recommendations made by SSAs 
and medical personnel, determine if each individual apprehended through 
the activity belongs to any of the groups listed in subsection (b).
    (b) Vulnerable Population Groups.--An individual is eligible for 
release under subsection (c) if the individual belongs to any of the 
following groups:
            (1) Individuals who have serious medical or mental health 
        needs or a disability.
            (2) Pregnant or nursing women.
            (3) Individuals who are apprehended with 1 or more of their 
        children, and their children.
            (4) Sole custodial parents, sole legal guardians, or 
        individuals who have family members who are ill or otherwise 
        require the assistance of a caregiver.
            (5) Children as defined by section 101(b)(1) of the 
        Immigration and Nationality Act.
            (6) Individuals who are over 65 years of age.
            (7) Victims of abuse, violence, crime, or human 
        trafficking.
            (8) Individuals who have been referred for a credible fear 
        interview, a reasonable fear interview, or an asylum hearing.
            (9) Individuals who have applied or intend to apply for 
        asylum, withholding of removal, or protection under the 
        Convention Against Torture and Other Cruel, Inhuman or 
        Degrading Treatment or Punishment, done at New York December 
        10, 1984.
            (10) Individuals who have a non-frivolous claim to United 
        States citizenship, lawful permanent resident status, or lawful 
        status in the United States.
            (11) Individuals who are eligible for relief under any 
        provision of the Immigration and Nationality Act (8 U.S.C. 1101 
        et seq.).
            (12) Any other group designated in regulations or guidance 
        promulgated by the Secretary of Homeland Security.
    (c) Eligibility for Release.--
            (1) Not later than 72 hours after the apprehension of an 
        individual described in subsection (b) by the Department of 
        Homeland Security or any entities operating under agreement 
        with the Department of Homeland Security, he or she shall be 
        released on his or her own recognizance, parole, on a 
        reasonable bond or into a community-based non-custodial 
        alternatives to detention program and shall not be subject to 
        electronic monitoring, unless the Department demonstrates--
                    (A) the alien is subject to mandatory detention 
                under section 235(b)(1)(B)(iii)(IV), 236(c), or 236A of 
                the Immigration and Nationality Act (8 U.S.C. 
                1225(1)(B)(iii)(IV), 1226(c), and 1226a);
                    (B) the alien poses a danger to others or is a risk 
                to national security; or
                    (C) the alien is a flight risk and any risk of 
                flight cannot be mitigated by supervision or bond.
            (2) If an alien is determined not to meet the requirements 
        for release on recognizance, bond or parole, or subsequently 
        does not meet the requirements for non-custodial alternatives 
        to detention programs, the alien may be considered for 
        placement in alternatives to detention programs that maintain 
        custody over the alien, such as through the use of electronic 
        ankle devices or heightened supervision and monitoring 
        procedures. The Secretary of the Department of Homeland 
        Security shall make an individualized determination in each 
        alien's case about the use of electronic monitoring and shall 
        review such decision on a monthly basis. Aliens who would 
        otherwise be subject to detention including under INA section 
        236(c) may be placed in electronic monitoring or other secure 
        custodial alternatives to detention that maintain custody over 
        the alien.
            (3) Decisions under this section shall specify in writing 
        the reasons for the decision and be served upon the individual 
        in their native language within 72 hours of the individual's 
        detention or, in the case of an individual subject to INA 
        sections 235, 238, or 241(a)(5) within 72 hours of a positive 
        credible or reasonable fear determination. Decisions under this 
        section are subject to redetermination at any time by an 
        Immigration Judge.

SEC. 5. CUSTODY DETERMINATION.

    (a) Amendment.--Section 236 of the Immigration and Nationality Act 
(8 U.S.C. 1226) is amended--
            (1) by redesignating subsection (e) as subsection (h);
            (2) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively; and
            (3) by inserting before subsection (h), as redesignated, 
        the following:
    ``(g) Right To Access Counsel.--An individual who has been detained 
under this section may be represented, at no expense to the Federal 
Government, by counsel of the individual's choosing while being subject 
to any immigration enforcement-related activity, including--
            ``(1) interviews;
            ``(2) processing appointments;
            ``(3) booking or intake questions;
            ``(4) hearings; and
            ``(5) any proceeding which may result in a conclusion that 
        the individual will be detained or removed from the United 
        States.''.
    (b) Notice.--
            (1) Amendment.--Section 236 of the Immigration and 
        Nationality Act, as amended by subsection (a), is further 
        amended by inserting before subsection (g) the following:
    ``(f) Notice and Charges.--
            ``(1) Notice.--The Secretary of Homeland Security shall, 
        for each individual detained under this section--
                    ``(A) file a notice to appear or other relevant 
                charging document with the closest immigration court to 
                where the individual was apprehended; and
                    ``(B) serve such notice on the individual not later 
                than 48 hours after the commencement of the 
                individual's detention.
            ``(2) Custody determination.--Any individual who is 
        detained under this section for more than 48 hours shall be 
        brought before an immigration judge for a custody determination 
        not later than 72 hours after the commencement of such 
        detention unless the individual waives such right in accordance 
        with paragraph (3).
            ``(3) Waiver.--The requirements under this subsection may 
        be waived for 7 days if the individual--
                    ``(A) enters into a written agreement with the 
                Department of Homeland Security to waive such 
                requirement; and
                    ``(B) is eligible for immigration benefits or 
                demonstrates eligibility for a defense against 
                removal.''.
            (2) Applicability of other law.--Nothing in 236(f) of the 
        Immigration and Nationality Act, as added by paragraph (1), may 
        be construed to repeal section 236A of such Act (8 U.S.C. 
        1226a).

SEC. 6. CHILD WELFARE SERVICES FOR CHILDREN SEPARATED FROM PARENTS 
              DETAINED OR REMOVED FROM THE UNITED STATES FOR 
              IMMIGRATION VIOLATIONS.

    (a) State Plan Requirements.--Section 471(a) of the Social Security 
Act (42 U.S.C. 671(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (32);
            (2) by striking the period at the end of paragraph (33) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(34) provides that the State shall--
                    ``(A) create and implement protocols to provide 
                guidance on how all employees of State agencies 
                providing services to children under the State plan 
                should handle cases of separated children that take 
                into account the best interest of the child, including 
                consideration of the best outcome for the family of the 
                child;
                    ``(B) develop and implement memoranda of 
                understanding or protocols with the Department of 
                Homeland Security, Federal, State, and local government 
                agencies to facilitate communication between the 
                agencies and such a child, a parent, guardian, or 
                relative referred to in section 475(9)(B), family 
                members of such a child, family courts, providers of 
                services to such a child under the State plan, 
                providers of long-term care to such a child, and legal 
                representatives of such a child or of such a parent, 
                guardian, or relative;
                    ``(C) develop and implement joint protocols and 
                training with law enforcement agencies to minimize the 
                trauma, at the time of the apprehension of such a 
                parent, guardian, or relative, to a child who will 
                become a separated child as a result of the 
                apprehension, including protocols and training for 
                apprehension of such a parent, guardian, or relative in 
                the presence of the child and how to best ensure 
                appropriate and prompt care arrangements for the child;
                    ``(D) ensure that the case manager for such a child 
                is capable of communicating in the native language of 
                the child and of the family of the child, or an 
                interpreter who is so capable is provided to 
                communicate with the child and the family of the child 
                at no cost to the child or the family of the child;
                    ``(E) require that, in all decisions and actions 
                relating to the care, custody, and placement of such a 
                child, the best interest of the child, including the 
                best outcome for the family of the child, be 
                considered, and ensure that the decisions are based on 
                clearly articulated factors that do not include 
                predictions or conclusions about immigration status or 
                pending Federal immigration proceedings;
                    ``(F) coordinate with the Department of Homeland 
                Security to ensure that parents of such a child who 
                wish for the child to accompany them to their country 
                of origin are given adequate time to obtain a passport 
                and visa, collect all relevant vital documents such as 
                birth certificate, health and educational records, and 
                other information;
                    ``(G) preserve, to the greatest extent possible, 
                the privacy and confidentiality of all information 
                gathered in the course of administering the care, 
                custody, and placement of, and follow-up services 
                provided to, such a child, consistent with the best 
                interest of the child, by not disclosing such 
                information to other government agencies or persons 
                (other than such a parent, guardian, or relative), 
                except that the head of the State agency (or the 
                designee of the head) may disclose such information--
                            ``(i)(I) when authorized to do so by the 
                        child (if the child has attained 18 years of 
                        age) if the disclosure is consistent with the 
                        best interest of the child; or
                            ``(II) to a law enforcement agency if the 
                        disclosure would prevent imminent and serious 
                        harm to another individual; and
                            ``(ii) if such information is shared, all 
                        disclosures shall be duly recorded in writing 
                        and placed in the file of the child; and
                    ``(H) not less frequently than annually, compile, 
                update, and publish a list of entities in the State who 
                are qualified to provide guardian and legal 
                representation services for such a child in a language 
                the child can read and understand.''.
    (b) Additional Information To Be Included in Case Plan.--Section 
475(1) of such Act (42 U.S.C. 675(1)) is amended by adding at the end 
the following:
                    ``(H) In the case of a separated child with respect 
                to whom the State plan requires the State to provide 
                services pursuant to section 471(a)(34)--
                            ``(i) the location of the parent, guardian, 
                        or relative referred to in paragraph (9)(B) of 
                        this subsection from whom the child has been 
                        separated; and
                            ``(ii) a written record of each disclosure 
                        to a government agency or person (other than 
                        such a parent, guardian, or relative) of 
                        information gathered in the course of tracking 
                        the care, custody, and placement of, and 
                        follow-up services provided to, the child.''.
    (c) Separated Child Defined.--Section 475 of such Act (42 U.S.C. 
675) is amended by adding at the end the following:
            ``(9) The term `separated child' means an individual who--
                    ``(A) is a citizen or lawful permanent resident of, 
                or an alien lawfully present in, the United States;
                    ``(B) has a parent, legal guardian, or primary 
                caregiver relative who has been detained by a Federal, 
                State, or local law enforcement agency in the 
                enforcement of an immigration law, or removed from the 
                United States as a result of a violation of such a law; 
                and
                    ``(C) is in foster care under the responsibility of 
                a State.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the 1st day of the 1st calendar quarter that begins after the 
1-year period that begins with the date of the enactment of this Act.

SEC. 7. REPORT ON PROTECTIONS FOR VULNERABLE POPULATIONS IMPACTED BY 
              IMMIGRATION ENFORCEMENT ACTIVITIES.

    (a) Requirement for Reports.--Not later than 1 year after the date 
of the enactment of this Act, and annually thereafter, the Secretary of 
Homeland Security shall submit a report to Congress that describes the 
impact of immigration enforcement activities and fugitive operations on 
United States citizens, lawful permanent residents, individuals 
otherwise lawfully present in the United States, and, where possible, 
undocumented aliens present in the United States.
    (b) Content.--The report submitted under subsection (a) shall 
include an assessment of--
            (1) the number of individuals apprehended during 
        immigration enforcement-related activities who are children, 
        United States citizens, lawful permanent residents, lawfully 
        present non-citizens;
            (2) immigration-related apprehensions at homes, schools, 
        school bus stops, day care centers, colleges, places of 
        worship, hospitals, health care clinics, funeral homes, 
        cemeteries, victim services agencies, social services agencies, 
        head start centers, recreation centers, legal service 
        providers, courts and community centers;
            (3) apprehensions, detentions, and removals of sole 
        caregivers, primary breadwinners, pregnant and nursing mothers, 
        and other vulnerable groups during an immigration enforcement-
        related activity;
            (4) the extent to which the Department of Homeland Security 
        cooperates and coordinates with State and local law enforcement 
        during immigration enforcement-related activities;
            (5) the number of immigration enforcement-related 
        apprehensions resulting from cooperation with State and local 
        law enforcement;
            (6) whether apprehended individuals are provided access to 
        a telephone;
            (7) how quickly apprehended individuals are provided access 
        to a telephone;
            (8) the manner through which family members of the target 
        population of the immigration enforcement-related activity are 
        notified of their family member's detention;
            (9) the number of parents, guardians, or caregivers of 
        children removed from the United States;
            (10) the number of parents, guardians, or caregivers of 
        children removed from the United States whose children 
        accompany or join them;
            (11) the number of parents, guardians, or caregivers of 
        children removed from the United States who are removed without 
        their children;
            (12) the number of occasions on which both parents of a 
        particular children are removed from the United States without 
        their children;
            (13) the length of time the parents, guardians, or 
        caregivers of children were present in the United States before 
        their removal from the United Sates;
            (14) the number of United States citizen children that 
        remain in the United States after the removal of a parent, 
        guardian, or caregiver;
            (15) the number of individuals apprehended determined to be 
        part of a vulnerable population released within specified time 
        limit under section 4(c);
            (16) the length of time between when an individual is 
        determined to be part of a vulnerable population and that 
        individual is released under section 4(c);
            (17) the methodology of the Department of Homeland Security 
        for notifying agents and entities under agreement with the 
        Department of Homeland Security about standards regarding 
        enforcement actions concerning vulnerable populations and 
        holding them accountable when such standards are violated;
            (18) the number of officials of the Department of Homeland 
        Security disciplined for violations during apprehensions and in 
        making detention decisions;
            (19) transfers of immigrants during the course of an 
        immigration enforcement activity, including--
                    (A) whether the immigrants had access to legal 
                counsel before being transferred;
                    (B) whether the immigrant received notice of an 
                impending transfer; and
                    (C) whether the immigrant was evaluated for 
                vulnerability under section 3(b)(9) before being 
                transferred;
            (20) apprehension procedures for immigration enforcement-
        related activities, and compliance with screening procedures 
        for vulnerable populations;
            (21) recommendations for improving immigration enforcement-
        related activities and fugitive operations by reducing the 
        negative impact on children and vulnerable populations; and
            (22) alternatives to detention programs, including the 
        types of programs used, number of individuals placed in theses 
        programs, reasons for not placing immigrants that qualify as a 
        member of a vulnerable population as defined in section 4(b) in 
        these programs, percentage of cases in which adjustment of 
        immigration status is granted, percentage of cases in which 
        removal is undertaken, and frequency of absconding.

SEC. 8. VULNERABLE POPULATION AND CHILD WELFARE TRAINING FOR 
              IMMIGRATION ENFORCEMENT OFFICERS.

    (a) Mandatory Training.--
            (1) In general.--The Secretary of Homeland Security, in 
        consultation with the Secretary of Health and Human Services, 
        and independent child welfare experts shall mandate live 
        specialized training of all Federal personnel, relevant 
        personnel employed by those States reimbursed for activities 
        related to care and services for separated children, and State 
        and local personnel and relevant SSAs, who come into contact 
        with vulnerable populations as defined at section 3(b) in all 
        relevant legal authorities, policies, and procedures pertaining 
        to the humanitarian and due process protections for these 
        vulnerable populations.
            (2) Vulnerable populations.--Such personnel shall be 
        trained to work with vulnerable populations, including 
        identifying members of a vulnerable population, and identifying 
        members of a vulnerable population for whom asylum or special 
        juvenile immigrant relief may be appropriate.
            (3) Best practices.--Participants will be required to 
        undertake periodic and continuing training on best practices 
        and changes in the law, policies, and procedures for these 
        vulnerable populations.
    (b) Memoranda of Understanding.--The Secretary of Homeland Security 
shall require all law enforcement agencies under agreement with the 
Department of Homeland Security to establish Memoranda of Understanding 
with SSAs with respect to the availability of services relevant to the 
humanitarian and due process protections for vulnerable populations as 
defined in section 4(b).

SEC. 9. ACCESS FOR PARENTS, LEGAL GUARDIANS, AND, PRIMARY CAREGIVER 
              RELATIVES.

    (a) In General.--The Secretary of the Department of Homeland 
Security shall ensure that all detention facilities operated by or 
under agreement with the Department take steps to preserve family unity 
and ensure that the best outcome for families can be considered in 
decisions and actions relating to the custody of children whose parent, 
legal guardian, or primary caregiver relative is detained by reason of 
the parent's, legal guardian's, or primary caregiver relative's 
immigration status.
    (b) Training.--The Secretary of Homeland Security, in consultation 
with the Department of Health and Human Services, the Department of 
Justice, the Department of State, and independent family law experts, 
shall mandate live, specialized training of all personnel at detention 
facilities operated by the Department of Homeland Security or under 
agreement with the Department of Homeland Security in all relevant 
legal authorities, policies and procedures related to ensuring that 
parents, legal guardians, and primary caregiver relatives of children 
have regular, ongoing and in-person access to children, State family 
courts, consular officers and staff of State social service agencies 
responsible for administering child welfare programs. Such personnel 
shall be required to undertake periodic and continuing training on best 
practices and changes in relevant law, policies, and procedures 
pertaining to the preservation of family unity.
    (c) Access to Children, Local and State Courts, Child Protective 
Services, and Consular Officials.--The Secretary of Homeland Security 
shall be responsible for--
            (1) ensuring that detained parents, legal guardians, and 
        primary caregiver relatives of children under 18 years of age 
        are granted free and confidential phone calls with their 
        children on a daily basis;
            (2) ensuring that detained parents, legal guardians, and 
        primary caregiver relatives of children under 18 years of age 
        are permitted regular contact visits with their children;
            (3) ensuring that detained parents, legal guardians, and 
        primary caregiver relatives of children under 18 years of age 
        are able to participate fully, and to the extent possible in-
        person, in all family court proceedings and any other 
        proceeding impacting upon custody of their children;
            (4) ensuring that detained parents, legal guardians, and 
        primary caregiver relatives of children under 18 years of age 
        are able to fully participate in and comply with all family 
        court orders impacting upon custody of their child;
            (5) ensuring that detained parents, legal guardians, and 
        primary caregiver relatives of children under 18 years of age 
        have regular, on-site access to reunification programming 
        including parenting classes;
            (6) ensuring that detained parents, legal guardians, and 
        primary caregiver relatives of children under 18 years of age 
        are provided with contact information for child protective 
        services entities and family courts in all fifty States, the 
        District of Columbia, all United States territories, and are 
        granted free, confidential, and unlimited telephone access to 
        child protective services entities and family courts to report 
        child abuse, abandonment or neglect;
            (7) ensuring that detained parents, legal guardians, and 
        primary caregiver relatives of children under 18 years of age 
        are granted regular, confidential and in-person access to 
        consular officials; free, unlimited, confidential phone calls 
        to consular officials; and access to United States passport 
        applications for the purpose of obtaining travel documents for 
        their children;
            (8) ensuring that detained parents, legal guardians, and 
        primary caregiver relatives of children under 18 years of age 
        who wish to take their children with them to their country of 
        origin are granted adequate time prior to being removed to 
        obtain a passport and other relevant travel documents necessary 
        for children to accompany them on their return to their country 
        of origin or join them in their country of origin; and
            (9) facilitating detained parents', legal guardians', and 
        primary caregiver relatives' ability to reunify with their 
        children under 18 years of age at the time of removal to their 
        country of origin, including providing information about the 
        detained parent, legal guardian, or primary caregiver 
        relative's travel arrangements to State social service agencies 
        or other caregivers.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.

SEC. 11. REGULATIONS.

    Not later than 6 months after the date of the enactment of this 
Act, the Secretary shall promulgate regulations to implement this Act, 
in accordance with the notice and comment requirements under subchapter 
II of chapter 5 of title 5, United States Code (commonly referred to as 
the Administrative Procedure Act).
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