[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3128 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3128

To streamline the reporting of violations against immigrant children in 
  Federal custody, to provide protections for unaccompanied immigrant 
    children, and to ensure safe release to sponsors, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 25, 2023

Mr. Durbin (for himself, Ms. Cortez Masto, Ms. Hirono, Mrs. Gillibrand, 
 Mr. Merkley, Mr. Menendez, Mr. Blumenthal, Ms. Butler, Mr. Welch, and 
Mr. Whitehouse) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To streamline the reporting of violations against immigrant children in 
  Federal custody, to provide protections for unaccompanied immigrant 
    children, and to ensure safe release to 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Protecting 
Unaccompanied Children Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
    TITLE I--STREAMLINING REPORTING OF VIOLATIONS AGAINST IMMIGRANT 
                      CHILDREN IN FEDERAL CUSTODY

Sec. 101. Definitions.
Sec. 102. Office of the Ombudsperson for Immigrant Children in Federal 
                            Custody.
Sec. 103. Data collection.
Sec. 104. Expert advisory committee.
Sec. 105. Coordination with Department of Homeland Security.
Sec. 106. Rule of construction.
              TITLE II--PROTECTIONS FOR IMMIGRANT CHILDREN

  Subtitle A--Unaccompanied Alien Children in Immigration Proceedings

Sec. 201. Legal representation in removal proceedings.
Sec. 202. Motions to reopen.
                     Subtitle B--Access to Services

Sec. 211. Clarification of unaccompanied child determination 
                            procedures.
Sec. 212. Improving access to post-release services.
Sec. 213. State-level coordinators for unaccompanied children's 
                            services.
Sec. 214. Assistance for children and families separated under zero 
                            tolerance.
      Subtitle C--Facilities Housing Unaccompanied Alien Children

Sec. 221. Technical assistance for community-based care providers.
Sec. 222. Standards and compliance.
   Subtitle D--Child Welfare at the Border and Prevention of Family 
                               Separation

Sec. 231. Child welfare training at the border.
Sec. 232. Preventing family separation of unaccompanied children.
              TITLE III--ENSURING SAFE RELEASE TO SPONSORS

Sec. 301. Ensuring safe release to sponsors who are not parents or 
                            legal guardians.
Sec. 302. Expansion and evaluation of home studies.
Sec. 303. Requirements for child and sponsor case management system.
   TITLE IV--PROTECTIONS AND ACCESS TO CERTAIN SERVICES FOR SPECIAL 
          IMMIGRANT JUVENILES AND OTHER VULNERABLE IMMIGRANTS

Sec. 401. Eliminating annual employment-based visa caps for special 
                            immigrant juveniles.
Sec. 402. Elimination of annual numerical limitation on U visas.
Sec. 403. Access to Medicaid for certain children granted status.
               TITLE V--STOPPING CHILD LABOR TRAFFICKING

Sec. 501. Victims of serious labor and employment violations or crime.
Sec. 502. Labor enforcement actions.
                      TITLE VI--GENERAL PROVISIONS

Sec. 601. Authorization of appropriations.
Sec. 602. Supplemental appropriation.

    TITLE I--STREAMLINING REPORTING OF VIOLATIONS AGAINST IMMIGRANT 
                      CHILDREN IN FEDERAL CUSTODY

SEC. 101. DEFINITIONS.

    In this title:
            (1) Committee.--The term ``Committee'' means the expert 
        advisory committee established under section 104(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 
                Government 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 detains 
                                or holds in custody an immigrant child.
            (4) 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).
            (5) 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.
            (6) In-network facility.--The term ``in-network facility'' 
        means a facility operated by an Office of Refugee Resettlement 
        grantee, subgrantee, contractor, or subcontractor.
            (7) 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) a staff secure facility, a secure care 
                        facility, a residential treatment center, 
                        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.
            (8) Ombudsperson.--The term ``Ombudsperson'' means the 
        ombudsperson appointed under section 102(c).
            (9) 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.
            (10) 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 and 
                with the full cooperation of the Secretary of Health 
                and Human Services and the Secretary of Homeland 
                Security, as applicable.
            (11) Working group.--The term ``Working Group'' means the 
        interagency working group established under section 105(b).

SEC. 102. OFFICE OF THE OMBUDSPERSON FOR IMMIGRANT CHILDREN IN FEDERAL 
              CUSTODY.

    (a) Establishment.--There is established, within the Department of 
Health and Human Services, an Office of the Ombudsperson for Immigrant 
Children in Federal Custody (referred to in this section as the 
``Office of the Ombudsperson'')--
            (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 Federal detention or custody is 
        required--
                    (A) to ensure that immigrant children are only 
                detained or held in custody by the Federal Government 
                in the least restrictive setting;
                    (B) to advocate for the quick, safe, and efficient 
                release of immigrant children from Federal detention or 
                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.
    (b) Independence.--The Office of the Ombudsperson shall be--
            (1) an impartial, confidential resource to ensure the best 
        interest of children in Federal custody; and
            (2) fully independent of--
                    (A) the Office of Refugee Resettlement of the 
                Department of Health and Human Services; and
                    (B) 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.--On a regular basis, the 
                Ombudsperson shall monitor facilities, including 
                licensed facilities that are not licensed by a State, 
                for compliance with all applicable laws, policies, and 
                standards, including--
                            (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) applicable policies of U.S. Customs 
                        and Border Protection relating to the standard 
                        of care for individuals in Federal custody; and
                            (v) Office of Refugee Resettlement policies 
                        relating to the care and custody of 
                        unaccompanied alien children.
                    (B) Investigations.--
                            (i) In general.--The Ombudsperson shall 
                        investigate--
                                    (I) claims of abuse, neglect, or 
                                mistreatment of immigrant children, by 
                                the Government or any other entity, 
                                while in Government custody;
                                    (II) complaints against foster care 
                                providers, including foster care 
                                providers under State oversight; and
                                    (III) potential violations of 
                                related laws and standards.
                            (ii) Reporting of state licensing 
                        violations.--If, in the course of an 
                        investigation under clause (i)(II), 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 monitor any potential violation 
                                of law, policy, or standard in a 
                                facility that is not licensed by a 
                                State on a regular basis.
                                    (II) Report.--If, in the course of 
                                monitoring a facility described under 
                                subclause (I), the Ombudsperson 
                                determines that a violation of law, 
                                policy, 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) Stakeholder meetings.--Not less frequently than 
                quarterly, the Ombudsperson shall invite community 
                stakeholders, Flores settlement agreement class 
                counsel, and, as applicable, 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.
                    (D) Individual case assistance.--
                            (i) In general.--The Ombudsperson may offer 
                        individual case assistance to an immigrant 
                        child who is in Government custody if the case 
                        of the immigrant child is long-pending or 
                        otherwise requires expedited processing or 
                        elevated attention, as determined by the 
                        Ombudsperson.
                            (ii) Communication.--To ensure a complete 
                        understanding of the status of a case described 
                        in clause (i), the Ombudsperson may communicate 
                        with--
                                    (I) the immigrant child concerned;
                                    (II) the family members and 
                                potential sponsor of such child; and
                                    (III) the child advocate, legal 
                                counsel, Office of Refugee Resettlement 
                                case manager and Federal field 
                                specialist, and any other relevant 
                                individual charged with care provision, 
                                case management, or case coordination 
                                of the immigrant child concerned.
                    (E) Subpoena authority.--Subject to the approval of 
                the Secretary of Health and Human Services, the 
                Ombudsperson may--
                            (i) issue a subpoena to require the 
                        production of all information, reports, and 
                        other documentary evidence necessary to carry 
                        out the duties of the Ombudsperson; and
                            (ii) invoke the aid of any appropriate 
                        court of the United States.
                    (F) Reporting mechanisms.--
                            (i) In general.--The Ombudsperson shall 
                        establish and maintain--
                                    (I) a toll-free telephone number to 
                                receive complaints and reports of 
                                matters for investigation; and
                                    (II) an email address to receive 
                                such complaints and reports.
                            (ii) Availability.--The Ombudsperson shall 
                        ensure that--
                                    (I) in each facility--
                                            (aa) such telephone number 
                                        is made available in a 
                                        prominent, visible, and public 
                                        location in a common area of 
                                        the facility; and
                                            (bb) a telephone is 
                                        accessible to each immigrant 
                                        child;
                                    (II) such email address is made 
                                available to sponsors, Flores 
                                settlement agreement class counsel, 
                                legal services providers and child 
                                advocates who serve such immigrant 
                                children, and State-level coordinators 
                                appointed under paragraph (7) of 
                                section 235(c) of the William 
                                Wilberforce Trafficking Victims 
                                Protection Reauthorization Act of 2008 
                                (8 U.S.C. 1232(c)), as added by section 
                                213; and
                                    (III) in each facility, such 
                                telephone number and email address are 
                                made available, in a prominent, 
                                visible, and public location in a 
                                common area of the facility, to all 
                                individuals employed, contracted, or 
                                otherwise tasked with the care and 
                                custody of children by the Secretary of 
                                Health and Human Services so that such 
                                individuals may report--
                                            (aa) any potential 
                                        violation of law, policy, or 
                                        standard relating to immigrant 
                                        children in Federal custody; or
                                            (bb) any other claim of 
                                        abuse, neglect, or mistreatment 
                                        of immigrant children.
                            (iii) Review and evaluation.--
                                    (I) In general.--Not later than 2 
                                years after the date of the enactment 
                                of this Act, and every 2 years 
                                thereafter, the Ombudsperson shall 
                                complete a review of the reporting 
                                mechanisms under this subparagraph to 
                                evaluate whether such mechanisms are 
                                sufficient to ensure the oversight and 
                                monitoring required by this title.
                                    (II) Report.--Not later than 30 
                                days after the completion of each 
                                review required by subclause (I), the 
                                Ombudsperson shall submit to Congress a 
                                report on the results of the review 
                                that includes, in the case of a 
                                determination that such mechanisms are 
                                insufficient, recommendations for their 
                                improvement.
                    (G) Report to congress.--
                            (i) In general.--Not later than September 
                        30 each year, the Ombudsperson shall submit to 
                        Congress a report on the accomplishments and 
                        challenges of the Office of the Ombudsperson 
                        during the fiscal year ending on that date.
                            (ii) Elements.--Each report required by 
                        clause (i) shall include, for the applicable 
                        fiscal year, the following:
                                    (I) A summary of the status of 
                                immigrant children in Federal 
                                Government custody that highlights 
                                broader trends and recommendations for 
                                future action.
                                    (II) Statistical information on 
                                immigrant children in Federal 
                                Government custody, together with an 
                                analysis of such information.
                                    (III) A summary of complaints 
                                received and proposed resolutions.
                                    (IV) A description of the 
                                investigations into claims of abuse, 
                                neglect, or mistreatment of immigrant 
                                children in Federal Government custody, 
                                including a summary of the results of 
                                such investigations.
                                    (V) Any attempt by the Secretary of 
                                Homeland Security, the Secretary of 
                                Health and Human Services, or any 
                                entity to which the authority of the 
                                Secretary of Homeland Security or the 
                                Secretary of Health and Human Services 
                                is delegated, to interfere with the 
                                independence of the Office of the 
                                Ombudsperson.
                                    (VI) A description of the 
                                objectives of the Office of the 
                                Ombudsperson for the next fiscal year.
                    (H) Additional duties.--The Ombudsperson shall--
                            (i) conduct a review of data collection, as 
                        described in section 103(a);
                            (ii) establish the Committee, as described 
                        in section 104; and
                            (iii) enter into a memorandum of 
                        understanding, as described in section 105(a).
    (d) Access to Facilities.--The Secretary of Health and Human 
Services and the Secretary of Homeland Security shall ensure--
            (1) unobstructed access by the Ombudsperson to any 
        facility; and
            (2) the ability of the Ombudsperson--
                    (A) to monitor any facility; and
                    (B) to meet confidentially with--
                            (i) staff of any facility;
                            (ii) employees, grantees, contractors of 
                        the Office of Refugee Resettlement and the 
                        Department of Homeland Security; and
                            (iii) any immigrant child in Federal 
                        Government custody, after notification of the 
                        immigrant child's counsel, as applicable.
    (e) Access to Information.--The Secretary of Health and Human 
Services shall ensure unobstructed access by the Ombudsperson to--
            (1) the case files, records, reports, audits, documents, 
        papers, recommendations, or any other pertinent information 
        relating to the care and custody of an immigrant child; and
            (2) the written policies and procedures of all Office of 
        Refugee Resettlement facilities.
    (f) Requests for Information.--
            (1) In general.--The Ombudsperson may request from the 
        Secretary of Health and Human Services or the Secretary of 
        Homeland Security, or any entity to which the authority of the 
        Secretary of Health and Human Services or the Secretary of 
        Homeland Security has been delegated, any information or 
        assistance required to carry out this title. Information and 
        assistance requested pursuant to this paragraph shall be 
        provided to the Ombudsperson in a timely manner.
            (2) Unreasonable refusal.--If upon request for information 
        by the Ombudsperson, an entity or agency described in paragraph 
        (1) unreasonably refuses to provide, or otherwise does not 
        provide, as determined by the Ombudsperson, such information or 
        assistance requested by the Ombudsperson, the Ombudsperson 
        shall, without delay--
                    (A) in the case of an unreasonable refusal by the 
                Department of Health and Human Services, report to the 
                Secretary of Health and Human Services the 
                circumstances of such refusal;
                    (B) in the case of an unreasonable refusal by the 
                Department of Homeland Security, report to the 
                Secretary of Homeland Security the circumstances of 
                such refusal; or
                    (C) in the case of an unreasonable refusal by the 
                Secretary of Health and Human Services or the Secretary 
                of Homeland Security, report on the circumstances of 
                such refusal to--
                            (i) the Committee on the Judiciary and the 
                        Committee on Homeland Security and Governmental 
                        Affairs of the Senate; and
                            (ii) the Committee on the Judiciary and the 
                        Committee on Homeland Security of the House of 
                        Representatives.

SEC. 103. DATA COLLECTION.

    (a) Independent Review by Ombudsperson.--
            (1) In general.--The Ombudsperson shall regularly review 
        data collected by the Secretary of Health and Human Services 
        and the Secretary of Homeland Security relating to immigrant 
        children in facilities.
            (2) Collaboration required.--The Secretary of Health and 
        Human Services and the Secretary of Homeland Security shall 
        provide the Ombudsperson unobstructed access to--
                    (A) real-time custody and detention data for each 
                immigrant child detained by the Government or held in 
                Government custody, including--
                            (i) the location and level of placement;
                            (ii) biographical information, including 
                        full name, date of birth, country of 
                        citizenship, and alien number;
                            (iii) all locations at which the immigrant 
                        child has been detained or held in custody;
                            (iv) the dates and times the immigrant 
                        child is booked in and booked out of any 
                        facility;
                            (v) transfer and discharge information; and
                            (vi) whether the child--
                                    (I) has an attorney of record; and
                                    (II) has been appointed an 
                                independent child advocate under 
                                section 235(c)(6) of the William 
                                Wilberforce Trafficking Victims 
                                Protection Reauthorization Act of 2008 
                                (8 U.S.C. 1232(c)(6)); and
                    (B) Department of Homeland Security and Department 
                of Health and Human Services data personnel for the 
                purpose of reviewing data collection and integrity 
                issues.
    (b) Office of Refugee Resettlement Data Collection System.--
            (1) In general.--To support the data collection and 
        monitoring duties of the Ombudsperson and to facilitate public 
        monitoring, the Director shall develop a data collection system 
        that collects and maintains the following information:
                    (A) The total number of immigrant children held in 
                custody by the Secretary of Health and Human Services.
                    (B) The average and median number of days immigrant 
                children remain in such custody.
                    (C) The average and median number of days immigrant 
                children stay in an Office of Refugee Resettlement 
                facility.
                    (D) The number of immigrant children discharged to 
                sponsors, disaggregated by sponsor category, placement 
                level, specific Office of Refugee Resettlement 
                facility.
                    (E) The sponsor categories of immigrant children 
                held at each Office of Refugee Resettlement facility, 
                disaggregated by placement level.
                    (F) The number and percentage of immigrant children 
                held in an Office of Refugee Resettlement facility with 
                more than 25 immigrant children, disaggregated by 
                placement level.
                    (G) The percentage of filled capacity across all 
                Office of Refugee Resettlement facilities.
                    (H) The total number of children held at out-of-
                network facilities, disaggregated by placement level.
                    (I) For each Office of Refugee Resettlement 
                facility--
                            (i) the percentage of filled capacity;
                            (ii) the maximum number of available beds;
                            (iii) the number and percentage of 
                        immigrant children with disabilities, 
                        disaggregated by placement level;
                            (iv) the number and percentage of immigrant 
                        children receiving mandatory home studies, 
                        discretionary home studies, and post-release 
                        services, disaggregated by placement level; and
                            (v) the number and percentage of immigrant 
                        children on a waitlist to receive post-release 
                        services.
            (2) Accessibility.--All information collected and 
        maintained by the data collection system required by paragraph 
        (1)--
                    (A) searchable; and
                    (B) disaggregated by country of citizenship, race, 
                gender, primary language, age, and, as applicable, 
                ethnicity.
            (3) Publication.--Not later than the 15th of each month, 
        the Director shall make the data collected under paragraph (1) 
        for the preceding month available to the Ombudsperson.
    (c) Prohibition on Certain Uses of Information.--Information 
collected under this section may not be used for immigration 
enforcement or law enforcement purposes.
    (d) Privacy Protections.--Any record collected, stored, received, 
or published under this section shall be--
            (1) collected, stored, received, or published in a manner 
        that protects the privacy of any individual whose information 
        is included in such data;
            (2) de-identified or anonymized in a manner that protects 
        the identity of any individual whose information is included in 
        such data; and
            (3)(A) limited in use for the purpose of carrying out the 
        duties of the Office of the Ombudsperson; and
            (B) protected from any other--
                    (i) internal use by any entity that collects, 
                stores, or receives the record; or
                    (ii) inappropriate use.

SEC. 104. EXPERT ADVISORY COMMITTEE.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the Ombudsperson shall establish an expert 
advisory committee to assist the Ombudsperson in--
            (1) identifying relevant trends relating to immigrant 
        children in Government custody;
            (2) conducting fact-finding missions and investigations of 
        facilities; and
            (3) ensuring Government and private contractor compliance 
        with applicable law and standards for facilities.
    (b) Membership.--The members of the Committee shall--
            (1) be appointed by the Ombudsperson;
            (2) represent various geographical regions; and
            (3) be comprised of subject matter experts, including--
                    (A) legal advocates or specialists in the fields of 
                child and family welfare, immigration, and human 
                rights;
                    (B) pediatricians or other appropriate pediatric 
                health care experts;
                    (C) child or adolescent psychiatrists or 
                psychologists;
                    (D) social workers;
                    (E) data analysis experts; and
                    (F) any other relevant subject matter expert.
    (c) Meetings.--The Committee shall meet not less frequently than 
quarterly.
    (d) Duties.--The Committee shall regularly--
            (1) review facility compliance with applicable law and 
        standards relating to Government detention and custody of 
        immigrant children, including the Flores settlement agreement 
        and section 235 of the William Wilberforce Trafficking Victims 
        Protection Reauthorization Act of 2008 (8 U.S.C. 1232); and
            (2) submit to the Ombudsperson recommendations for 
        improvement.
    (e) Site Visits.--The Committee may designate 1 or more individuals 
who shall have the authority--
            (1) to carry out facility site visits; and
            (2) interview immigrant children held in Government 
        custody, after notification of counsel, as applicable.

SEC. 105. COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY.

    (a) Memorandum of Understanding.--
            (1) In general.--On the date of the enactment of this Act, 
        the Secretary of Homeland Security and the Ombudsperson shall 
        enter into a memorandum of understanding to coordinate 
        oversight between the Department of Homeland Security and the 
        Department of Health and Human Services.
            (2) Elements.--The memorandum of understanding required by 
        paragraph (1) shall do the following:
                    (A) Require the Secretary of Homeland Security to 
                provide information to the Ombudsperson with respect to 
                each immigrant child detained by U.S. Customs and 
                Border Protection or U.S. Immigration and Customs 
                Enforcement, or who is otherwise in the custody of the 
                Secretary of Homeland Security, including--
                            (i) the location of the immigrant child;
                            (ii) biographical information, including 
                        full name, date of birth, country of 
                        citizenship, race, and alien number;
                            (iii) all locations at which the immigrant 
                        child has been so detained or held in 
                        Department of Homeland Security custody;
                            (iv) exact times at which the immigrant 
                        child was booked in and booked out of such 
                        custody;
                            (v) the date on which the immigrant child 
                        is released from such custody or transferred to 
                        the custody of the Secretary of Health and 
                        Human Services;
                            (vi) in the case of an immigrant child who 
                        remains in Department of Homeland Security 
                        custody for more than 72 hours, the reason for 
                        such continued custody; and
                            (vii) any other information the 
                        Ombudsperson considers relevant to the 
                        oversight and monitoring duties described in 
                        section 102(c)(3).
                    (B) Establish the right of the Ombudsperson and the 
                Committee to monitor Department of Homeland Security 
                facilities for compliance with applicable standards of 
                custody.
                    (C) Provide the Ombudsperson and the Committee full 
                and unobstructed access to--
                            (i) Department of Homeland Security 
                        facilities for regular site visits; and
                            (ii) the written policies and procedures of 
                        Department of Homeland Security facilities.
            (3) Limitation.--The memorandum of understanding may only 
        allow the Ombudsperson to share information with the Secretary 
        of Homeland Security on a case-by-case basis, and with the 
        informed consent of the immigrant child concerned (unless the 
        Ombudsperson determines that the child lacks the capacity to 
        consent), if the Ombudsperson determines that the disclosure of 
        the information to the Secretary of Health and Human Services 
        will advance the best interests of the immigrant child, 
        including by facilitating the release of the immigrant child 
        from custody.
            (4) Evaluation.--Not later than 2 years after the 
        Ombudsperson and the Secretary of Homeland Security enter into 
        the memorandum of understanding required by this subsection, 
        the Comptroller General of the United States shall evaluate the 
        coordination between the Ombudsperson and the Secretary to 
        determine whether such memorandum of understanding is 
        sufficient to ensure the oversight and monitoring required by 
        this title.
            (5) Recommendations.--If the Comptroller General makes a 
        determination under paragraph (4) that the memorandum of 
        understanding is insufficient, the Comptroller General shall 
        recommend actionable steps to be implemented--
                    (A) to improve coordination between the 
                Ombudsperson and the Secretary of Homeland Security; 
                and
                    (B) to ensure effectiveness of the mandate of the 
                Ombudsperson.
    (b) Interagency Working Group.--
            (1) Establishment.--There is established an interagency 
        working group to identify and discuss concerns relating to 
        immigrant children in facilities.
            (2) Membership.--The Working Group shall be composed of 
        representatives of--
                    (A) the Department of Justice;
                    (B) the Department of Health and Human Services, 
                including the Director or a senior representative of 
                the Office of Refugee Resettlement;
                    (C) U.S. Customs and Border Protection;
                    (D) U.S. Immigration and Customs Enforcement;
                    (E) relevant oversight offices, including--
                            (i) the Immigration Detention Ombudsman of 
                        the Department of Homeland Security; and
                            (ii) the Inspectors General of the 
                        Department of Justice, the Department of Health 
                        and Human Services, U.S. Customs and Border 
                        Protection, and U.S. Immigration and Customs 
                        Enforcement; and
                    (F) any other relevant Federal agency or office.
            (3) Meetings.--The Working Group shall--
                    (A) hold meetings not less frequently than 
                quarterly;
                    (B) invite representatives of nongovernmental 
                organizations that provide services to immigrant 
                children to participate in such meetings as the 
                Ombudsperson considers appropriate; and
                    (C) provide to the Ombudsperson a summary of each 
                such meeting.

SEC. 106. RULE OF CONSTRUCTION.

    Nothing in the title shall be construed to preclude or limit Flores 
settlement agreement class counsel from conducting independent 
investigations or seeking enforcement actions relating to violations of 
the Flores settlement agreement in any appropriate district court of 
the United States.

              TITLE II--PROTECTIONS FOR IMMIGRANT CHILDREN

  Subtitle A--Unaccompanied Alien Children in Immigration Proceedings

SEC. 201. LEGAL REPRESENTATION IN REMOVAL PROCEEDINGS.

    (a) In General.--Section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act (8 U.S.C. 1232) is amended--
            (1) in subsection (a)(5)(D)(iii), by striking ``access to'' 
        and inserting ``representation by''; and
            (2) in subsection (c), by amending paragraph (5) to read as 
        follows:
            ``(5) Legal representation.--
                    ``(A) Appointment or provision of counsel.--
                            ``(i) In general.--As expeditiously as 
                        possible after an unaccompanied alien child is 
                        issued a notice to appear under section 239(a) 
                        of the Immigration and Nationality Act (8 
                        U.S.C. 1229(a)), the Secretary of Health and 
                        Human Services shall appoint or provide counsel 
                        to represent the child in removal proceedings 
                        under section 240 of the Immigration and 
                        Nationality Act (8 U.S.C. 1229a), related 
                        matters before the Department of Homeland 
                        Security, and in any appeal proceeding before 
                        the Attorney General from any such removal 
                        proceeding. Counsel shall be provided under 
                        this subparagraph at Government expense unless 
                        a child has retained counsel authorized to 
                        represent the child in such proceedings.
                            ``(ii) Immigration file.--Each 
                        unaccompanied alien child, and the counsel of 
                        such a child, shall receive a complete copy of 
                        the child's immigration file (other than 
                        documents protected from disclosure under 
                        section 552(b) of title 5, United States Code).
                    ``(B) Role of the department of health and human 
                services.--The Secretary of Health and Human Services 
                shall--
                            ``(i) to the maximum extent practicable, 
                        make every effort to use the services of 
                        competent counsel who agree to provide 
                        representation to children described in 
                        subparagraph (A)(i) without charge;
                            ``(ii) in the case of an unaccompanied 
                        alien child who retained counsel at his or her 
                        own expense but whose counsel has ceased to 
                        represent the child, ensure the continued 
                        representation of the child through the 
                        pendency of removal proceedings and any appeal 
                        proceeding before the Attorney General from any 
                        such removal proceeding by appointing or 
                        providing new counsel as expeditiously as 
                        possible;
                            ``(iii) in consultation with the Attorney 
                        General, develop model guidelines for 
                        representing children in immigration 
                        proceedings for the purposes of--
                                    ``(I) helping to protect children 
                                from individuals suspected of 
                                involvement in criminal, harmful, or 
                                exploitative activities associated with 
                                the smuggling or trafficking of 
                                children; and
                                    ``(II) ensuring the fairness of 
                                removal proceedings in which children 
                                are involved; and
                            ``(iv) as necessary and appropriate, enter 
                        into contracts or award grants for the 
                        provision of immigration-related legal services 
                        to children.
                    ``(C) Role of the department of justice.--The 
                Attorney General shall ensure that all immigration 
                courts before which unaccompanied alien children appear 
                contain specialized children's dockets. Such dockets 
                shall contain child-appropriate procedures that advance 
                due process in unaccompanied alien children's 
                proceedings. Immigration judges assigned to specialized 
                children's dockets shall have received specialized 
                training in such procedures. Such procedures shall 
                include processes for coordinating with legal services 
                organizations to facilitate legal representation of 
                unaccompanied alien children.''.
    (b) Conforming Amendments.--
            (1) Section 462(b)(1)(A) of Homeland Security Act of 2002 
        (6 U.S.C. 279(b)(1)(A)) is amended by striking ``, consistent 
        with the law regarding appointment of counsel that is in effect 
        on the date of the enactment of this Act''.
            (2) Section 292 of the Immigration and Nationality Act (8 
        U.S.C. 1362) is amended by inserting ``, except as provided in 
        section 235(c)(5) of the William Wilberforce Trafficking 
        Victims Protection Reauthorization Act (8 U.S.C. 1232(c)(5))'' 
        after ``at no expense to the Government''.

SEC. 202. MOTIONS TO REOPEN.

    Section 240(c)(7)(C) of the Immigration and Nationality Act (8 
U.S.C. 1229a(c)(7)(C)) is amended by adding at the end the following:
                            ``(v) Special rule for unaccompanied alien 
                        children entitled to appointment of counsel.--
                        If the Secretary of Health and Human Services 
                        fails to appoint or provide counsel for an 
                        unaccompanied alien child (as defined in 
                        462(g)(2) of Homeland Security Act of 2002 (6 
                        U.S.C. 279(g)(2)))--
                                    ``(I) the limitations under this 
                                paragraph with respect to the filing of 
                                a motion to reopen by such child shall 
                                not apply; and
                                    ``(II) the filing of such a motion 
                                shall stay the removal of the child.''.

                     Subtitle B--Access to Services

SEC. 211. CLARIFICATION OF UNACCOMPANIED CHILD DETERMINATION 
              PROCEDURES.

    (a) Eligibility for Services Regardless of Custodial Status.--
Section 235(c)(1) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act (8 U.S.C. 1232(c)(1)) is amended by 
adding at the end the following: ``Such policies and programs shall be 
available to unaccompanied alien children regardless of whether they 
are or have ever been in Federal custody.''.
    (b) Screenings of Children From Contiguous Countries Conducted by 
Asylum Officers.--Section 235(a) of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act (8 U.S.C. 1232(a)) is amended--
            (1) in paragraph (2)(A), by striking ``the Secretary of 
        Homeland Security'' and inserting ``an asylum officer (as 
        defined in section 235(b)(1)(E) of the Immigration and 
        Nationality Act (8 U.S.C. 1225(b)(1)(E)))''; and
            (2) in paragraph (4) by inserting ``by an asylum officer'' 
        after ``the child shall be screened''.
    (c) Analysis of Efficacy of Current Law.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, and every 2 years thereafter, the 
        Secretary of Homeland Security, in consultation with the 
        Secretary of Health and Human Services, the head of any other 
        Federal agency the Secretary of Homeland Security considers 
        appropriate, and child welfare advocates, shall complete an 
        analysis of the efficacy of the law, including regulations, 
        relating to unaccompanied alien children from contiguous 
        countries (in effect as of the date on which the analysis is 
        completed), including the efficacy of such laws in providing 
        access to protection for victims of trafficking and children 
        fleeing persecution.
            (2) Report.--Not later than 60 days after the date on which 
        each analysis required by paragraph (1) is completed, the 
        Secretary of Homeland Security shall submit a report to the 
        Committee on the Judiciary of the Senate and the Committee on 
        the Judiciary of the House of Representatives a report on the 
        results of the analysis.
            (3) Public availability.--Not later than 180 days after the 
        date on which each report is submitted under paragraph (2), the 
        Secretary of Homeland Security shall make the report available 
        to the public on an internet website of the Department of 
        Homeland Security.

SEC. 212. IMPROVING ACCESS TO POST-RELEASE SERVICES.

    Section 235(c)(3)(B) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act (8 U.S.C. 1232(c)(3)(B)) is amended--
            (1) by adding at the end the following: ``Follow-up 
        services under this clause shall commence not later than the 
        date that is 30 days after the date on which the child 
        concerned is released from the custody of the Secretary of 
        Health and Human Services.'';
            (2) in the first sentence, by striking ``Before'' and 
        inserting the following:
                            ``(i) In general.--Before''; and
            (3) by adding at the end the following:
                            ``(ii) Access to post-release services.--
                                    ``(I) Home visits.--Not later than 
                                90 days after the date on which a child 
                                is released from the custody of the 
                                Secretary of Health and Human Services, 
                                the Secretary shall ensure that the 
                                child receives an in-person home visit 
                                to determine the well-being of the 
                                child and to assess the suitability and 
                                safety of the home in which the child 
                                was placed if--
                                            ``(aa) except as described 
                                        in item (bb), a sponsor has 
                                        agreed to receive such 
                                        services; or
                                            ``(bb) the child, based on 
                                        all available objective 
                                        evidence--

                                                    ``(AA) has been or 
                                                is at risk of becoming 
                                                a victim of a severe 
                                                form of trafficking in 
                                                persons;

                                                    ``(BB) is a special 
                                                needs child with a 
                                                disability (as defined 
                                                in section 3 of the 
                                                Americans with 
                                                Disabilities Act of 
                                                1990 (42 U.S.C. 
                                                12102));

                                                    ``(CC) has been or 
                                                is at risk of becoming 
                                                a victim of physical or 
                                                sexual abuse under 
                                                circumstances that 
                                                indicate that the 
                                                child's health or 
                                                welfare has been or 
                                                would be significantly 
                                                harmed or threatened; 
                                                or

                                                    ``(DD) is a child 
                                                whose sponsor clearly 
                                                presents a risk of 
                                                abuse, maltreatment, 
                                                exploitation, neglect, 
                                                or labor exploitation 
                                                to the child.

                                    ``(II) Additional follow-up 
                                services.--The Secretary of Health and 
                                Human Services shall ensure that a 
                                child receives additional follow-up 
                                services if, in the course of the home 
                                visit under subclause (I), it is 
                                determined for the first time that the 
                                child, based on all available objective 
                                evidence--
                                            ``(aa) has been or is at 
                                        risk of becoming a victim of a 
                                        severe form of trafficking in 
                                        persons;
                                            ``(bb) is a special needs 
                                        child with a disability (as 
                                        defined in section 3 of the 
                                        Americans with Disabilities Act 
                                        of 1990 (42 U.S.C. 12102));
                                            ``(cc) has been or is at 
                                        risk of becoming a victim of 
                                        physical or sexual abuse under 
                                        circumstances that indicate 
                                        that the child's health or 
                                        welfare has been or would be 
                                        significantly harmed or 
                                        threatened; or
                                            ``(dd) is a child whose 
                                        sponsor clearly presents a risk 
                                        of abuse, maltreatment, 
                                        exploitation, neglect, or labor 
                                        exploitation to the child.''.

SEC. 213. STATE-LEVEL COORDINATORS FOR UNACCOMPANIED CHILDREN'S 
              SERVICES.

    Section 235(c) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act (8 U.S.C. 1232(c)) is amended by adding 
at the end the following:
            ``(7) Assistance to state and local entities for 
        unaccompanied children's services.--
                    ``(A) Assistance to states.--The Secretary of 
                Health and Human Services may provide funding to each 
                State to appoint a State-level coordinator to fulfill 
                the responsibilities described in subparagraph (C).
                    ``(B) Nongovernmental coordinator.--If a State does 
                not appoint a coordinator under subparagraph (A), the 
                Secretary of Health and Human Services may appoint a 
                nongovernmental coordinator to fulfill the 
                responsibilities described in subparagraph (C).
                    ``(C) Responsibilities.--The responsibilities 
                described in this subparagraph shall include the 
                following:
                            ``(i) To raise the awareness of 
                        governmental and nongovernmental entities with 
                        respect to the vulnerabilities of unaccompanied 
                        alien children, including Federal oversight 
                        mechanisms, such as the Office of the 
                        Ombudsperson for Immigrant Children in Federal 
                        Custody established under section 102 of the 
                        Protecting Unaccompanied Children Act.
                            ``(ii) To coordinate the efforts of such 
                        entities so as to meet the educational, medical 
                        and mental health care, child welfare, and 
                        social services needs of unaccompanied alien 
                        children.
                            ``(iii) To work with service providers 
                        engaged in the care and custody of 
                        unaccompanied alien children to identify 
                        community services, and to increase access to 
                        such services, for unaccompanied alien 
                        children.
                            ``(iv) To ensure that schools, recreational 
                        facilities, community centers, and similar 
                        institutions have information regarding--
                                    ``(I) the risks of human 
                                trafficking and labor exploitation for 
                                vulnerable children; and
                                    ``(II) child labor laws, local 
                                minimum wage requirements, and 
                                mechanisms for reporting violations of 
                                such laws and requirements.
                            ``(v) To ensure that information provided 
                        under clause (iv)--
                                    ``(I) is written in plain, child-
                                accessible language (including in 
                                appropriate languages other than 
                                English); and
                                    ``(II) makes clear that such laws 
                                and requirements apply to all children 
                                and workers regardless of immigration 
                                status.
                            ``(vi) To ensure that language is not a 
                        barrier to obtaining the services described in 
                        this paragraph.''.

SEC. 214. ASSISTANCE FOR CHILDREN AND FAMILIES SEPARATED UNDER ZERO 
              TOLERANCE.

    (a) In General.--Notwithstanding any other provision of law, an 
individual shall be eligible for the benefits described in subsection 
(b), if the individual--
            (1) has completed security and law enforcement background 
        checks to the satisfaction of the Secretary of Homeland 
        Security; and
            (2)(A) has been paroled into the United States under 
        section 212(d)(5) of the Immigration and Nationality Act (8 
        U.S.C. 1182(d)(5)) pursuant to the implementation of Executive 
        Order 14011, and has not had such parole terminated; or
            (B) is eligible, based on a determination by the Secretary 
        of Health and Human Services through reference to the 
        identified members of the classes, and their minor children, in 
        the class-action lawsuits J.P. v. Barr (C.D. Cal. 2020) and Ms. 
        L. v. U.S. Immigration and Customs Enforcement, 330 F.R.D. 284 
        (2019), for any assistance, program, benefit, or services 
        described in subsection (b).
    (b) Benefits.--Notwithstanding any other provision of law, an 
individual described in subsection (a) shall be eligible for--
            (1) resettlement assistance, entitlement programs, and 
        other benefits available to refugees admitted under section 207 
        of the Immigration and Nationality Act (8 U.S.C. 1157) to the 
        same extent, and for the same periods of time, as such 
        refugees;
            (2) services described under section 412(d)(2) of the 
        Immigration and Nationality Act (8 U.S.C. 1522(d)(2)), subject 
        to subparagraph (B) of such section, if such individual is an 
        unaccompanied alien child (as defined in section 462(g) of the 
        Homeland Security Act of 2002 (6 U.S.C. 279(g))); and
            (3) a driver's license or identification card under section 
        202 of the REAL ID Act of 2005 (division B of Public Law 109-
        13; 49 U.S.C. 30301 note), notwithstanding subsection (c)(2)(B) 
        of such section.

      Subtitle C--Facilities Housing Unaccompanied Alien Children

SEC. 221. TECHNICAL ASSISTANCE FOR COMMUNITY-BASED CARE PROVIDERS.

    (a) In General.--Section 235(c)(2) of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act (8 U.S.C. 
1232(c)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in the first sentence, by striking ``Subject 
                to'' and inserting the following:
                            ``(i) In general.--Subject to''; and
                    (B) by adding at the end the following:
                            ``(ii) Presumption of least restrictive 
                        setting.--The least restrictive setting that is 
                        in the best interest of the child is presumed 
                        to be a placement that most approximates a 
                        family and in which the child's special needs, 
                        if any, may be met. Children placed under this 
                        subsection shall be placed in the following 
                        order of preference:
                                    ``(I) Family-based foster care.
                                    ``(II) Group home foster care.
                                    ``(III) A shelter with capacity for 
                                25 or fewer children.
                            ``(iii) Technical assistance.--The 
                        Secretary of Health and Human Services shall 
                        provide technical assistance to 
                        nongovernmental, nonprofit organizations that 
                        are eligible for grants and contracts awarded 
                        by the Department of Health and Human Services 
                        to ensure that children are placed in small 
                        scale, community-based settings.''.
    (b) Annual Report.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary of Health and Human Services shall submit to Congress 
        a report on the number of unaccompanied alien children who, 
        during the preceding fiscal year, resided in a facility with a 
        capacity for 25 or fewer children.
            (2) Description of barriers to obtaining hhs contracts and 
        grants.--Each report required by paragraph (1) shall describe 
        in detail the barriers for small-scale community-based 
        providers to undergoing the Department of Health and Human 
        Services contracting and granting processes, including staffing 
        limitations, availability, outreach, recruitment of potential 
        providers, other identified barriers to making the transition 
        to small-scale community-based facilities, and recommendations 
        to address such barriers.
            (3) Consultation.--In developing each report required by 
        paragraph (1), the Secretary for Health and Human Services 
        shall consult with staff of current small-scale or community-
        based facilities housing children and other organizations with 
        expertise in child development, child welfare, and serving 
        children with disabilities.
    (c) Plan To Transition Care to Foster Care or Small-Scale 
Settings.--
            (1) In general.--The Secretary of Health and Human Services 
        shall develop a plan to transition all unaccompanied alien 
        children in the custody of the Secretary to--
                    (A) foster care placements; or
                    (B) shelters with capacity for 25 or fewer 
                children.
            (2) Submission to congress.--Not later than 1 year after 
        the date of the enactment of this Act, the Secretary of Health 
        and Human Services shall submit to Congress the plan developed 
        under paragraph (1).

SEC. 222. STANDARDS AND COMPLIANCE.

    Section 235(c)(2) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act (8 U.S.C. 1232), as amended by section 
221, is further amended--
            (1) in subparagraph (A), by adding at the end the 
        following:
                            ``(iv)  Background checks for covered 
                        individuals.--
                                    ``(I) In general.--Subject to 
                                subclause (II), the Secretary of Health 
                                and Human Services shall ensure that, 
                                not less frequently than every 5 years, 
                                each covered individual completes a 
                                background check to the satisfaction of 
                                the Secretary.
                                    ``(II) Waiver for direct services 
                                providers.--The Secretary of Health and 
                                Human Services may waive the 
                                application of subclause (I) in the 
                                case of an attorney of record or 
                                licensed medical practitioner who 
                                provides on-site services at a facility 
                                that houses unaccompanied alien 
                                children.
                                    ``(III) Scope.--The scope of a 
                                background check required by this 
                                clause shall include, at a minimum, the 
                                following:
                                            ``(aa) A fingerprint check 
                                        by the Federal Bureau of 
                                        Investigation and State 
                                        criminal history repositories.
                                            ``(bb) A child protective 
                                        services check with the 
                                        individual's State of United 
                                        States residence for the last 5 
                                        years.
                                            ``(cc) Background 
                                        investigation updates at a 
                                        minimum of every 5 years.
                                    ``(IV) Covered individual 
                                defined.--In this clause, the term 
                                `covered individual' means--
                                            ``(aa) an employee or 
                                        contractor with direct access 
                                        to unaccompanied alien children 
                                        in the care and custody of the 
                                        Secretary of Health and Human 
                                        Services;
                                            ``(bb) an individual with 
                                        unsupervised, direct access to 
                                        such children; and
                                            ``(cc) a foster parent with 
                                        whom an unaccompanied alien 
                                        child is placed, including a 
                                        transitional or long-term 
                                        foster parent, and each foster 
                                        parent household member who is 
                                        aged 18 years or over.
                                    ``(V) Rule of construction.--
                                Nothing in this clause may be construed 
                                to supersede applicable State licensing 
                                requirements for background checks on 
                                employees of programs or facilities 
                                involved in the care and custody of 
                                children.''; and
            (2) in subparagraph (B), in the first sentence, by striking 
        ``subparagraph (A)'' and inserting ``subparagraph (A)(i)''.

   Subtitle D--Child Welfare at the Border and Prevention of Family 
                               Separation

SEC. 231. CHILD WELFARE TRAINING AT THE BORDER.

    (a) Definitions.--In this section:
            (1) Cooperating entity.--The term ``cooperating entity'' 
        means a State or local entity acting pursuant to an agreement 
        with the Secretary of Homeland Security.
            (2) Expert in child development.--The term ``expert in 
        child development'' means an individual who has significant 
        education and expertise on infant, child, and adolescent 
        development, and on the effects of trauma on children.
            (3) Expert in child welfare.--The term ``expert in child 
        welfare'' means an individual who has--
                    (A) knowledge of Federal and State child welfare 
                laws and standards; and
                    (B) not less than 5 years of experience in the 
                field of child and adolescent development or child 
                welfare.
            (4) Expert in pediatric medicine.--The term ``expert in 
        pediatric medicine'' means--
                    (A) an individual who is board-certified in 
                pediatric medicine in one or more States; and
                    (B) an individual with an advanced degree in 
                pediatric medicine on the faculty of an institution of 
                higher education in the United States.
    (b) Guidelines.--The Secretary of Homeland Security, in 
consultation with the Secretary of Health and Human Services, experts 
in child development, experts in child welfare, and experts in 
pediatric medicine, shall develop guidelines for the treatment of 
children in the custody of the Commissioner of U.S. Customs and Border 
Protection.
    (c) Mandatory Training.--The Secretary of Homeland Security, in 
consultation with the Secretary of Health and Human Services, shall--
            (1) require all U.S. Customs and Border Protection 
        personnel, and cooperating entity personnel, who have contact 
        with a child at a port of entry or Border Patrol station to 
        undergo appropriate training, which shall include live 
        training, on--
                    (A) the applicable legal authorities, policies, 
                practices, and procedures relating to children; and
                    (B) child-friendly interviewing techniques, child 
                development, trauma, and the manner in which trauma 
                affects the health and behavior of children; and
            (2) require U.S. Customs and Border Protection personnel, 
        not less frequently than annually, to undertake continuing 
        training on--
                    (A) identifying and responding to common signs and 
                symptoms of medical distress in children;
                    (B) best practices with respect to the guidelines 
                developed under subsection (b); and
                    (C) changes in the legal authorities, policies, and 
                procedures described in paragraph (1)(A).

SEC. 232. PREVENTING FAMILY SEPARATION OF UNACCOMPANIED CHILDREN.

    Section 235(b) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act (8 U.S.C. 1232(b)) is amended by adding 
at the end the following:
            ``(5) Preventing separation from non-parent relatives.--
                    ``(A) In general.--In the case of an unaccompanied 
                alien child determined to have entered the United 
                States or have been apprehended with a relative who is 
                neither a parent nor guardian, the Secretary of Health 
                and Human Services, in consultation with the Secretary 
                of Homeland Security or other appropriate agencies of 
                the government, shall evaluate whether that 
                unaccompanied alien child can be safely released from 
                Federal custody to that relative as a sponsor 
                consistent with the process described in paragraph (3) 
                of this section.
                    ``(B) Release to relative.--If the Secretary of 
                Health and Human Services makes such a determination, 
                the Secretary of Homeland Security shall release the 
                unaccompanied alien child to that relative unless the 
                circumstances in subparagraph (C) apply.
                    ``(C) Consideration of relative as sponsor.--If an 
                unaccompanied alien child is transferred to the custody 
                of the Secretary of Health and Human Services, the non-
                parent relative described in subparagraph (A) may 
                continue to be evaluated as a potential sponsor to whom 
                the child may be released from Federal custody as 
                described in subsection (c)(3) of this section, as 
                necessary to ensure child well-being and safety.
                    ``(D) Rule of construction.--Nothing in this 
                paragraph shall be construed to change the definition 
                of a parent or legal guardian for the purpose of making 
                a determination of whether a child is an unaccompanied 
                alien child pursuant to 462(g)(C) of the Homeland 
                Security Act of 2002 (6 U.S.C. 279(g)(C)).
                    ``(E) Facilities requirements.--The Secretary of 
                Homeland Security, in consultation with the Secretary 
                of Health and Human Services, shall ensure that child-
                appropriate spaces are available to complete the 
                evaluations described in this paragraph. Such space 
                shall accommodate staff of the Department of Health and 
                Human Services, as appropriate.
                    ``(F) Recordkeeping.--With respect to each alien 
                over the age of 18 years who has entered the United 
                States with an unaccompanied alien child, the Secretary 
                of Homeland Security shall--
                            ``(i) maintain an electronic record that 
                        includes the familial relationship between the 
                        adult and child; and
                            ``(ii) share such record with the Secretary 
                        of Health and Human Services as necessary to 
                        facilitate the identification of an appropriate 
                        sponsor for the child.''.

              TITLE III--ENSURING SAFE RELEASE TO SPONSORS

SEC. 301. ENSURING SAFE RELEASE TO SPONSORS WHO ARE NOT PARENTS OR 
              LEGAL GUARDIANS.

    Section 235(c)(3)(A) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act (8 U.S.C. 1232(c)(3)(A)) is amended--
            (1) by inserting ``or sponsor'' after ``makes a 
        determination that the proposed custodian'';
            (2) by inserting ``, address,'' after ``custodian's 
        identity''; and
            (3) by striking the period and inserting the following: ``, 
        in accordance with uniform procedures established by the 
        Secretary of Health and Human Services. If a proposed sponsor 
        is not the parent or legal guardian of a child, such procedures 
        shall include criminal background and public records checks for 
        any proposed sponsor or adult member of the proposed sponsor's 
        household. The Secretary of Health and Human Services shall 
        ensure that information obtained about a sponsor or a household 
        member of a sponsor through such checks is not shared with the 
        Department of Homeland Security or any other Federal agency for 
        the purpose of immigration enforcement.''.

SEC. 302. EXPANSION AND EVALUATION OF HOME STUDIES.

    (a) Section 235(c)(3)(B) of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act (8 U.S.C. 1232(c)(3)(B)), as 
amended by section 212, is further amended--
            (1) in clause (i), by inserting ``or custodian clearly'' 
        after ``whose proposed sponsor'';
            (2) by adding at the end the following: ``A home study 
        shall also be conducted for a child whose proposed sponsor is a 
        distant relative or unrelated to the child in which 
        verification of relationship cannot be clearly demonstrated.'';
            (3) by redesignating clause (ii) as clause (iv); and
            (4) by inserting after clause (i) the following:
                            ``(ii) Guidelines.--The Secretary of Health 
                        and Human Services shall establish guidelines 
                        for the conduct of home studies under clause 
                        (i) that include--
                                    ``(I) a deadline for completion of 
                                a home study that is not sooner than 15 
                                calendar days after the date on which 
                                the home study is requested;
                                    ``(II) objective, publicly 
                                available criteria for releasing a 
                                child following a negative home study 
                                recommendation; and
                                    ``(III) requirements for 
                                individuals who conduct home studies, 
                                including at a minimum professional or 
                                educational knowledge related to child 
                                and adult development, cultural 
                                competence, trauma, parenting and 
                                family dynamics, and screening and 
                                identifying indicators of human 
                                trafficking.
                            ``(iii) Report.--
                                    ``(I) In general.--Not later than 2 
                                years after the date of the enactment 
                                of the Protecting Unaccompanied 
                                Children Act, and every 2 years 
                                thereafter, the Secretary of Health and 
                                Human Services shall report on the 
                                effectiveness of home studies conducted 
                                under clause (i).
                                    ``(II) Elements.--Each report 
                                required by subclause (I) shall include 
                                the following:
                                            ``(aa) An assessment of the 
                                        effectiveness of such home 
                                        studies in identifying safety 
                                        concerns.
                                            ``(bb) For the preceding 2-
                                        year period--

                                                    ``(AA) the number 
                                                of home studies 
                                                conducted and a 
                                                description of the 
                                                outcomes of such home 
                                                studies, including 
                                                whether or not each 
                                                home study resulted in 
                                                a positive or negative 
                                                recommendation of the 
                                                sponsor concerned;

                                                    ``(BB) the number 
                                                and type of safety 
                                                concerns identified 
                                                through such home 
                                                studies; and

                                                    ``(CC) the number 
                                                of sponsors to whom a 
                                                child was not released 
                                                due to safety concerns 
                                                identified through a 
                                                home study.''.

SEC. 303. REQUIREMENTS FOR CHILD AND SPONSOR CASE MANAGEMENT SYSTEM.

    (a) In General.--Section 235(c)(3) of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act (8 U.S.C. 
1232(c)(3)) is amended by adding at the end the following:
                    ``(D) Case management system.--
                            ``(i) In general.--The Secretary of Health 
                        and Human Services shall maintain a searchable 
                        electronic case management system to track the 
                        placement of unaccompanied alien children that 
                        includes the following information:
                                    ``(I) The name and address of each 
                                proposed sponsor, including the number 
                                of unaccompanied alien children placed 
                                with each sponsor and names of 
                                household members of a proposed 
                                sponsor.
                                    ``(II) Reported safety concerns, 
                                including reports of trafficking or 
                                exploitation, identified for sponsors 
                                of unaccompanied alien children, or 
                                identified for adult members of 
                                household at a specific address.
                                    ``(III) Vulnerabilities of 
                                unaccompanied alien children while in 
                                the care and custody of the Secretary 
                                of Health and Human Services, including 
                                whether the child is a priority for 
                                post-release services.
                                    ``(IV) Reports of trafficking or 
                                exploitation made by unaccompanied 
                                alien children, including reported 
                                information about geographic area (such 
                                as a neighborhood) where such 
                                trafficking occurred and where 
                                employers implicated in such reports 
                                are located.
                            ``(ii) Case management system 
                        requirements.--
                                    ``(I) Potential duplicate 
                                records.--In the event that the case 
                                management system detects a potential 
                                duplicate record, employees of the 
                                Department of Health and Human Services 
                                and grantees or contractors acting on 
                                behalf of the Department, shall verify 
                                the records and, if necessary, 
                                consolidate duplicate records.
                                    ``(II) Exclusion of information on 
                                immigration status.--The case 
                                management system shall not include 
                                information with respect to the 
                                immigration status of any sponsor or 
                                adult member of a sponsor's household.
                                    ``(III) Nondisclosure for 
                                enforcement purposes.--The information 
                                contained in the case management system 
                                shall not be disclosed to the Secretary 
                                of Homeland Security for the purpose of 
                                immigration enforcement.
                            ``(iii) Privacy protections.--Any record 
                        collected, stored, received, or published under 
                        this subparagraph shall be--
                                    ``(I) collected, stored, received, 
                                or published in a manner that protects 
                                the privacy of any individual whose 
                                information is included in such data;
                                    ``(II) de-identified or anonymized 
                                in a manner that protects the identity 
                                of any individual whose information is 
                                included in such data; and
                                    ``(III)(aa) limited in use for the 
                                purpose of carrying out the duties of 
                                the Office of the Ombudsperson; and
                                    ``(bb) protected from any other--
                                            ``(AA) internal use by any 
                                        entity that collects, stores, 
                                        or receives the record; or
                                            ``(BB) inappropriate 
                                        use.''.

   TITLE IV--PROTECTIONS AND ACCESS TO CERTAIN SERVICES FOR SPECIAL 
          IMMIGRANT JUVENILES AND OTHER VULNERABLE IMMIGRANTS

SEC. 401. ELIMINATING ANNUAL EMPLOYMENT-BASED VISA CAPS FOR SPECIAL 
              IMMIGRANT JUVENILES.

    (a) Aliens Not Subject To Direct Numerical Limitations.--Section 
201(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1151(b)(1)(A)) is amended by striking ``subparagraph (A) or (B)'' and 
inserting ``subparagraph (A), (B), or (J)''.
    (b) Preference Allocation for Employment-Based Immigrants.--Section 
203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(4)) 
is amended by striking ``subparagraph (A) or (B)'' and inserting 
``subparagraph (A), (B), or (J)''.

SEC. 402. ELIMINATION OF ANNUAL NUMERICAL LIMITATION ON U VISAS.

    Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 
1184(p)) is amended by striking paragraph (2).

SEC. 403. ACCESS TO MEDICAID FOR CERTAIN CHILDREN GRANTED STATUS.

    (a) Eligibility.--Section 402(b)(2)(A)(i) of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1612(b)(2)(A)(i)) is amended --
            (1) in subclause (IV), by striking ``or'' at the end;
            (2) in subclause (V), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
                                    ``(VI) an alien is granted special 
                                immigrant status under section 
                                101(a)(27)(J) of the Immigration and 
                                Nationality Act (8 U.S.C. 
                                1101(a)(27)(J));
                                    ``(VII) an alien under the age of 
                                21 is granted status under section 
                                101(a)(15)(U) of the Immigration and 
                                Nationality Act (8 U.S.C. 
                                1101(a)(15(U)); or
                                    ``(VIII) an alien is eligible for 
                                deferred action pursuant to the June 
                                15, 2012, Department of Homeland 
                                Security Memorandum entitled 
                                `Exercising Prosecutorial Discretion 
                                with Respect to Individuals Who Came to 
                                the United States as Children', or any 
                                successor policy.''.
    (b) Modification to Duration of Attribution.--Section 421(b) of the 
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 
(8 U.S.C. 1631(b)) is amended--
            (1) in paragraph (1), by striking ``or'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(3) is granted special immigrant status under section 
        101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(27)(J));
            ``(4) in the case of an alien under the age of 21, is 
        granted status under section 101(a)(15)(U) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(15(U)); or
            ``(5) is eligible for deferred action pursuant to the June 
        15, 2012, Department of Homeland Security Memorandum entitled 
        `Exercising Prosecutorial Discretion with Respect to 
        Individuals Who Came to the United States as Children', or any 
        successor policy.''.

               TITLE V--STOPPING CHILD LABOR TRAFFICKING

SEC. 501. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT VIOLATIONS OR CRIME.

    (a) Protection for Victims of Labor and Employment Violations.--
Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(U)) is amended--
            (1) in clause (i)--
                    (A) by striking subclause (I) and inserting the 
                following:
                                    ``(I) the alien--
                                            ``(aa) has suffered 
                                        substantial physical, 
                                        emotional, or mental abuse or 
                                        harm as a result of having been 
                                        a victim of criminal activity 
                                        described in clause (iii);
                                            ``(bb) has suffered 
                                        substantial physical, 
                                        emotional, or mental abuse or 
                                        harm related to a violation 
                                        described in clause (iv);
                                            ``(cc) is a victim of 
                                        criminal activity described in 
                                        clause (iii) and would suffer 
                                        extreme hardship upon removal; 
                                        or
                                            ``(dd) has suffered a 
                                        violation described in clause 
                                        (iv) and would suffer extreme 
                                        hardship upon removal;'';
                    (B) in subclause (II), by inserting ``, or a labor 
                or employment violation resulting in a workplace claim 
                described in clause (iv)'' before the semicolon at the 
                end;
                    (C) in subclause (III)--
                            (i) by striking ``or State judge, to the 
                        Service'' and inserting ``, State, or local 
                        judge, to the Department of Homeland Security, 
                        to the Equal Employment Opportunity Commission, 
                        to the Department of Labor (including the 
                        Occupational Safety and Health Administration), 
                        to the National Labor Relations Board, to the 
                        head official of a State or local government 
                        department of labor, workforce commission, or 
                        human relations commission or council'';
                            (ii) by striking ``investigating or 
                        prosecuting'' and inserting ``investigating, 
                        prosecuting, or seeking civil remedies for''; 
                        and
                            (iii) by inserting ``, or investigating, 
                        prosecuting, or seeking civil remedies for a 
                        labor or employment violation related to a 
                        workplace claim described in clause (iv)'' 
                        before the semicolon; and
                    (D) in subclause (IV)--
                            (i) by inserting ``(aa)'' after ``(IV)'';
                            (ii) by inserting ``or'' after the 
                        semicolon at the end; and
                            (iii) by adding at the end the following:
                                    ``(bb) a workplace claim described 
                                in clause (iv) resulting from a labor 
                                or employment violation;'';
            (2) in clause (ii)(II), by striking ``and'' at the end;
            (3) in clause (iii), by striking ``or'' at the end and 
        inserting ``and''; and
            (4) by adding at the end the following:
                            ``(iv) in the labor or employment violation 
                        related to a workplace claim, the alien has 
                        filed, is a material witness in, or is likely 
                        to be helpful in the investigation of, a bona 
                        fide workplace claim (as defined in section 
                        274A(e)(10)(B)(iii)(II)); or''.
    (b) Temporary Protection for Injured Workers and Victims of Crime, 
Labor, and Employment Violations.--Notwithstanding any other provision 
of law, the Secretary of Homeland Security may permit an alien to 
temporarily remain in the United States, shall not remove the alien 
from the United States during the permitted period, and shall provide 
the alien with the alien employment authorization, if the Secretary 
determines that the alien--
            (1) has filed for relief under section 101(a)(15)(U) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) or 
        section 101(a)(15)(T) of such Act (8 U.S.C. 1101(a)(15)(T));
            (2)(A) has filed, or is a material witness to, a bona fide 
        workplace claim (as defined in paragraph (10) of section 
        274A(e) of such Act, as added by section 502(b) of this Act) or 
        has filed, or is a material witness to, a civil claim arising 
        from criminal activity (as defined in paragraph (10) of section 
        274A(e) of such Act, as added by section 502(b) of this Act); 
        and
            (B) has been helpful, is being helpful, or is likely to be 
        helpful to--
                    (i) a Federal, State, or local law enforcement 
                official;
                    (ii) a Federal, State, or local prosecutor;
                    (iii) a Federal, State, or local judge;
                    (iv) the Department of Homeland Security;
                    (v) the Equal Employment Opportunity Commission;
                    (vi) the Department of Labor, including the 
                Occupational Safety and Health Administration;
                    (vii) the National Labor Relations Board;
                    (viii) the head official of a State or local 
                government department of labor, workforce commission, 
                or human relations commission or council; or
                    (ix) other Federal, State, or local authorities; or
            (3) has filed a workers' compensation claim or is 
        undergoing treatment for a workplace injury or illness.
    (c) Requirements Applicable to U Visas.--Section 214(p) of the 
Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended--
            (1) in paragraph (1), by inserting ``or investigating, 
        prosecuting, or seeking civil remedies for workplace claims 
        described in section 101(a)(15)(U)(iv)'' after ``section 
        101(a)(15)(U)(iii)'' each place such term appears; and
            (2) in paragraph (6)--
                    (A) by inserting ``or workplace claims described in 
                section 101(a)(15)(U)(iv)'' after ``described in 
                section 101(a)(15)(U)(iii)''; and
                    (B) by inserting ``or workplace claim'' after 
                ``prosecution of such criminal activity''.
    (d) Adjustment of Status for Victims of Crimes.--Section 245(m)(1) 
of the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is 
amended, in the matter preceding subparagraph (A), by inserting ``or an 
investigation or prosecution regarding a workplace claim'' after 
``prosecution''.
    (e) Adjustment of Status and Fees.--Section 245(l)(7) of the 
Immigration and Nationality Act (8 U.S.C. 1255(l)(7)) is amended by 
striking ``permit aliens to apply for a waiver of'' and inserting ``not 
require the payment of''.
    (f) Change of Nonimmigrant Classification.--Section 384(a)(1) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1367(a)(1)) is amended--
            (1) in subparagraph (E), by striking ``physical or mental 
        abuse and the criminal activity'' and inserting ``abuse and the 
        criminal activity or workplace claim'';
            (2) in subparagraph (F)--
                    (A) by striking ``(8 U.S.C. 1101(a)(51))'' and 
                inserting ``(8 U.S.C. 1101(a)(51)))''; and
                    (B) by adding ``or'' at the end; and
            (3) by inserting after subparagraph (F) the following:
                    ``(G) the alien's employer,''.
    (g) Confidentiality of Information.--Section 384(b)(2) of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1367(b)(2)) is amended by adding at the end the following: 
``However, neither the Secretary of Homeland Security nor the Attorney 
General may use the information furnished pursuant to any application 
under section 101(a)(15)(T), 101(a)(15)(U), 101(a)(27), 101(a)(51), 
106, 240A(b)(2), or 244(a) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(T), 1101(a)(15)(U), 1101(a)(27), 1101(a)(51), 1105a, 
1229b(b)(2), or 1254a(a)) or section 107(b)(1)(E)(i)(II)(bb) of the 
Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 
7105(b)(1)(E)(i)(II)(bb)), for purposes of initiating or carrying out a 
removal proceeding.''.

SEC. 502. LABOR ENFORCEMENT ACTIONS.

    (a) Removal Proceedings.--Section 239(e) of the Immigration and 
Nationality Act (8 U.S.C. 1229(e)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``In cases where'' and inserting 
                ``If''; and
                    (B) by inserting ``or as a result of information 
                provided to the Department of Homeland Security in 
                retaliation against individuals for exercising or 
                attempting to exercise their employment rights or other 
                legal rights'' after ``paragraph (2)''; and
            (2) in paragraph (2), by adding at the end the following:
                    ``(C) At a facility about which a workplace claim 
                has been filed or is contemporaneously filed.''.
    (b) Unlawful Employment of Aliens.--Section 274A(e) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(e)) is amended by 
adding at the end the following:
            ``(10) Conduct in enforcement actions.--
                    ``(A) Enforcement action.--If the Secretary of 
                Homeland Security undertakes an enforcement action at a 
                facility about which a workplace claim has been filed 
                or is contemporaneously filed, or as a result of 
                information provided to the Department of Homeland 
                Security in retaliation against employees for 
                exercising their rights related to a workplace claim, 
                the Secretary shall ensure that--
                            ``(i) any aliens arrested or detained who 
                        are victims of or material witnesses to 
                        workplace claim violations or criminal activity 
                        (as described in subparagraph (T) or (U) of 
                        section 101(a)(15)) are not removed from the 
                        United States until after the Secretary--
                                    ``(I) notifies the appropriate 
                                agency with jurisdiction over such 
                                violations or criminal activity; and
                                    ``(II) provides such agency with 
                                the opportunity to interview such 
                                aliens; and
                            ``(ii) no aliens entitled to a stay of 
                        removal or abeyance of removal proceedings 
                        under this section are removed.
                    ``(B) Protections for victims of crime, labor, and 
                employment violations.--
                            ``(i) Stay of removal or abeyance of 
                        removal proceedings.--An alien against whom 
                        removal proceedings have been initiated under 
                        chapter 4 of title II, who has filed a 
                        workplace claim, who is a material witness in 
                        any pending or anticipated proceeding involving 
                        a bona fide workplace claim or civil claim 
                        arising from criminal activity, or who has 
                        filed for relief under section 101(a)(15)(U), 
                        shall be entitled to a stay of removal or an 
                        abeyance of removal proceedings and to 
                        employment authorization until the resolution 
                        of the workplace claim or the denial of relief 
                        under section 101(a)(15)(U) after exhaustion of 
                        administrative or judicial appeals, whichever 
                        is later.
                            ``(ii) Duration.--Any stay of removal or 
                        abeyance of removal proceedings and employment 
                        authorization issued pursuant to clause (i) 
                        shall remain valid until the resolution of the 
                        workplace claim or the denial of relief under 
                        section 101(a)(15)(U) after the exhaustion of 
                        administrative or judicial appeals, and shall 
                        be extended by the Secretary of Homeland 
                        Security for a period of not longer than 10 
                        additional years upon determining that--
                                    ``(I) such relief would enable the 
                                alien asserting a workplace claim or 
                                civil claim arising from criminal 
                                activity, or assisting in investigation 
                                or prosecution of criminal activity, to 
                                pursue the matter to resolution, 
                                according to any agency administering 
                                any statute underlying these claims or 
                                any other credible evidence;
                                    ``(II) the deterrent goals of any 
                                statute underlying a workplace claim, 
                                criminal activity, or civil claim 
                                arising from criminal activity would be 
                                served, according to any agency 
                                administering such a statute or any 
                                other credible evidence; or
                                    ``(III) such extension would 
                                otherwise further the interests of 
                                justice.
                            ``(iii) Definitions.--In this paragraph:
                                    ``(I) Civil claim arising from 
                                criminal activity.--The term `civil 
                                claim arising from criminal activity' 
                                means any written or oral claim, 
                                charge, complaint, or grievance filed 
                                with, communicated to, or submitted to 
                                a Federal, State, or local agency or 
                                court related to the violation of 
                                applicable Federal, State, and local 
                                laws arising from criminal activity 
                                described in section 
                                101(a)(15)(U)(iii).
                                    ``(II) Material witness.--
                                Notwithstanding any other provision of 
                                law, the term `material witness' means 
                                an individual who presents a 
                                declaration from an attorney 
                                investigating, prosecuting, or 
                                defending the claim or from the 
                                presiding officer overseeing the claim 
                                attesting that, to the best of the 
                                declarant's knowledge and belief, 
                                reasonable cause exists to believe that 
                                the testimony of the individual will be 
                                relevant to the outcome of the 
                                workplace claim.
                                    ``(III) Workplace claim.--The term 
                                `workplace claim' means any written or 
                                oral claim, charge, complaint, or 
                                grievance filed with, communicated to, 
                                or submitted to the employer, a 
                                Federal, State, or local agency or 
                                court, or an employee representative 
                                related to the workplace injury or 
                                illness or to the violation of 
                                applicable Federal, State, and local 
                                labor laws, including laws concerning 
                                wages and hours, labor relations, 
                                family and medical leave, occupational 
                                health and safety, civil rights, or 
                                nondiscrimination.''.
    (c) Continued Application of Workforce and Labor Protection 
Remedies.--Section 274A(e) of the Immigration and Nationality Act (8 
U.S.C. 1324a(e)), as amended by subsection (b), is further amended by 
adding at the end the following:
            ``(11) Rights, remedies, and relief.--Notwithstanding an 
        employee's status as an unauthorized noncitizen during the time 
        of relevant employment or during the back pay period or the 
        failure of the employer or employee to comply with the 
        requirements under this section or with any other provision of 
        Federal law relating to the unlawful employment of 
        noncitizens--
                    ``(A) all rights, remedies, and relief provided 
                under any Federal, State, or local law relating to 
                workplace rights, including reinstatement and back pay, 
                are available to such employee; and
                    ``(B) a court may not prohibit such an employee 
                from pursuing other causes of action giving rise to 
                liability in a civil action.''.

                      TITLE VI--GENERAL PROVISIONS

SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act and the amendments made by this Act.

SEC. 602. SUPPLEMENTAL APPROPRIATION.

    In any month in which the number of unaccompanied children referred 
to the Department of Health and Human Services pursuant to section 462 
of the Homeland Security Act of 2002 (6 U.S.C. 279) and section 235 of 
the William Wilberforce Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232) exceeds 10,000, as determined by the 
Secretary of Health and Human Services, an additional $30,000,000, to 
remain available until expended, shall be made available for obligation 
for every 500 unaccompanied children above that level (including a pro 
rata amount for any increment less than 500), for carrying out such 
sections 462 and 235 and the activities authorized by this Act and the 
amendments made by this Act.
                                 <all>