109 S3128 IS: Protecting Unaccompanied Children Act
U.S. Senate
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
118th CONGRESS
1st Session
S. 3128
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.
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.
I

Streamlining reporting of violations against immigrant children in Federal custody
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).
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.
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.
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.
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.
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.
II

Protections for immigrant children
A

Unaccompanied alien children in immigration proceedings
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”.
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.”.
B

Access to services
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.
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.”.
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.”.
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.
C

Facilities housing unaccompanied alien children
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).
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)”.
D

Child welfare at the border and prevention of family separation
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).
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.”.
III

Ensuring safe release to sponsors
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.”.
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.”.
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.”.
IV

Protections and access to certain services for special immigrant juveniles and other vulnerable immigrants
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)”.
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).
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.”.
V

Stopping child labor trafficking
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.”.
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.”.
VI

General provisions
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.
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.