Short title

This Act may be cited as the

Humane Enforcement and Legal Protections for Separated Children Act

or the

HELP Separated Children Act

Definitions

In this Act: (1)

Apprehension

The term apprehension means the detention, arrest, or custody by officials of the Department or cooperating entities. (2)

Child

Except as otherwise specifically provided, the term child has the meaning given to the term in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)). (3)

Child welfare agency

The term child welfare agency means the State or local agency responsible for child welfare services under subtitles B and E of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (4)

Cooperating entity

The term cooperating entity means a State or local entity acting under agreement with the Secretary. (5)

Department

The term Department means the Department of Homeland Security. (6)

Detention facility

The term detention facility means a Federal, State, or local government facility, or a privately owned and operated facility, that is used to hold individuals suspected or found to be in violation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (7)

Immigration enforcement action

The term immigration enforcement action means the apprehension of, detention of, or request for or issuance of a detainer for, 1 or more individuals for suspected or confirmed violations of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by the Secretary or a cooperating entity. (8)

Local educational agency

The term local educational agency has the meaning given to the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (9)

NGO

The term NGO means a nongovernmental organization that provides social services or humanitarian assistance to the immigrant community. (10)

Secretary

Except as otherwise specifically provided, the term Secretary means the Secretary of the Department.

Apprehension procedures for immigration enforcement-related activities

(a)

Notification

(1)

Advance notification

Subject to paragraph (2), when conducting any immigration enforcement action, the Secretary and cooperating entities shall notify the Governor of the State, the local child welfare agency, and relevant State and local law enforcement before commencing the action, or, if advance notification is not possible, immediately after commencing such action, of— (A)the approximate number of individuals to be targeted in the immigration enforcement action; and (B)the primary language or languages believed to be spoken by individuals at the targeted site. (2)

Hours of notification

To the extent possible, the advance notification required by paragraph (1) should occur during business hours and allow the notified entities sufficient time to identify resources to conduct the interviews described in subsection (b)(1). (3)

Other notification

When conducting any immigration action, the Secretary and cooperating entities shall notify the relevant local educational agency and local NGOs of the information described in paragraph (1) immediately after commencing the action. (b)

Apprehension procedures

In any immigration enforcement action, the Secretary and cooperating entities shall— (1)as soon as possible and not later than 6 hours after an immigration enforcement action, provide licensed social workers or case managers employed or contracted by the child welfare agency or local NGOs with confidential access to screen and interview individuals apprehended in such immigration enforcement action to assist the Secretary or cooperating entity in determining if such individuals are parents, legal guardians, or primary caregivers of a child in the United States; (2)as soon as possible and not later than 8 hours after an immigration enforcement action, provide any apprehended individual believed to be a parent, legal guardian, or primary caregiver of a child in the United States with— (A)free, confidential telephone calls, including calls to child welfare agencies, attorneys, and legal services providers, to arrange for the care of children or wards, unless the Secretary has reasonable grounds to believe that providing confidential phone calls to the individual would endanger public safety or national security; and (B)contact information for— (i)child welfare agencies in all 50 States, the District of Columbia, all United States territories, counties, and local jurisdictions; and (ii)attorneys and legal service providers capable of providing free legal advice or free legal representation regarding child welfare, child custody determinations, and immigration matters; (3)ensure that personnel of the Department and cooperating entities do not— (A)interview individuals in the immediate presence of children; or (B)compel or request children to translate for interviews of other individuals who are encountered as part of an immigration enforcement action; and (4)ensure that any parent, legal guardian, or primary caregiver of a child in the United States— (A)receives due consideration of the best interests of his or her children or wards in any decision or action relating to his or her detention, release, or transfer between detention facilities; and (B)is not transferred from his or her initial detention facility or to the custody of the Secretary until the individual— (i)has made arrangements for the care of his or her children or wards; or (ii)if such arrangements are impossible, is informed of the care arrangements made for the children and of a means to maintain communication with the children. (c)

Nondisclosure and retention of information about apprehended individuals and their children

(1)

In general

Information collected by child welfare agencies and NGOs in the course of the screenings and interviews described in subsection (b)(1) may not be disclosed to Federal, State, or local government entities or to any person, except pursuant to written authorization from the individual or his or her legal counsel. (2)

Child welfare agency or ngo recommendation

Notwithstanding paragraph (1), a child welfare agency or NGO may— (A)submit a recommendation to the Secretary or a cooperating entity regarding whether an apprehended individual is a parent, legal guardian, or primary caregiver who is eligible for the protections provided under this Act; and (B)disclose information that is necessary to protect the safety of the child, to allow for the application of subsection (b)(4)(A), or to prevent reasonably certain death or substantial bodily harm.

Access to children, local and State courts, child welfare agencies, and consular officials

(a)

In general

The Secretary shall ensure that all detention facilities operated by or under agreement with the Department implement procedures to ensure that the best interest of the child, including a preference for family unity wherever appropriate, is considered in any decision and action relating to the custody of children whose parent, legal guardian, or primary caregiver is detained as the result of an immigration enforcement action. (b)

Access to children, State and local courts, child welfare agencies, and consular officials

At all detention facilities operated by, or under agreement with, the Department, the Secretary shall— (1)prominently post in a manner accessible to detainees and visitors and include in detainee handbooks information on the protections of this Act as well as information on potential eligibility for parole or release; (2)ensure that individuals who are detained by reason of their immigration status may receive the screenings and interviews described in section 3(b)(1) not later than 6 hours after their arrival at the detention facility; (3)ensure that individuals who are detained by reason of their immigration status and are believed to be parents, legal guardians, or primary caregivers of children in the United States are— (A)permitted daily phone calls and regular contact visits with their children or wards; (B)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 or wards; (C)able to fully comply with all family court or child welfare agency orders impacting upon custody of their children or wards; (D)provided with contact information for family courts in all 50 States, the District of Columbia, all United States territories, counties, and local jurisdictions; (E)granted free and confidential telephone calls to child welfare agencies and family courts as often as is necessary to ensure that the best interest of the child, including a preference for family unity whenever appropriate, can be considered; (F)granted free and confidential telephone calls and confidential in-person visits with attorneys, legal representatives, and consular officials; (G)provided United States passport applications for the purpose of obtaining travel documents for their children or wards; (H)granted adequate time before removal to obtain passports and other necessary travel documents on behalf of their children or wards if such children or wards will accompany them on their return to their country of origin or join them in their country of origin; and (I)provided with the access necessary to obtain birth records or other documents required to obtain passports for their children or wards; and (4)facilitate the ability of detained parents, legal guardians, and primary caregivers to share information regarding travel arrangements with their children or wards, child welfare agencies, or other caregivers well in advance of the detained individual’s departure from the United States.

Memoranda of understanding

The Secretary shall develop and implement memoranda of understanding or protocols with child welfare agencies and NGOs regarding the best ways to cooperate and facilitate ongoing communication between all relevant entities in cases involving a child whose parent, legal guardian, or primary caregiver has been apprehended or detained in an immigration enforcement action to protect the best interests of the child, including a preference for family unity whenever appropriate.

Mandatory training

The Secretary, in consultation with the Secretary of Health and Human Services and independent child welfare experts, shall require and provide in-person training on the protections required under sections 3 and 4 to all personnel of the Department and of States and local entities acting under agreement with the Department who regularly come into contact with children or parents in the course of conducting immigration enforcement actions.

Rulemaking

Not later than 120 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement this Act.

Severability

If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.

Report on protections for children impacted by immigration enforcement activities

(a)

Requirement for report

Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that describes the impact of immigration enforcement activities on children, including children who are citizens of the United States. (b)

Content

The report submitted under subsection (a) shall include for the previous 1-year period an assessment of— (1)the number of individuals removed from the United States who are the parent of a child who is a citizen of the United States; (2)the number of occasions in which both parents or the primary caretaker of such a child was removed from the United States; (3)the number of children who are citizens of the United States who leave the United States with parents who are removed; (4)the number of such children who remained in the United States after the removal of a parent; (5)the age of each such child at the time a parent is removed; and (6)the number of instances in which such a child whose parent is apprehended, detained, or removed is referred to the local child welfare agency by officers or employees of the Department.