[Congressional Record Volume 157, Number 110 (Thursday, July 21, 2011)]
[Senate]
[Pages S4804-S4805]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FRANKEN (for himself, Mr. Durbin, Mrs. Gillibrand, and Ms. 
        Klobuchar):
  S. 1399. A bill to protect children affected by immigration 
enforcement actions, and for other purposes; to the Committee on the 
Judiciary.
  Mr. FRANKEN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1399

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Humane Enforcement and Legal 
     Protections for Separated Children Act'' or the ``HELP 
     Separated Children Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Apprehension.--The term ``apprehension'' means the 
     detention, arrest, or custody by officials of the Department 
     or cooperating entities.
       (2) Child.--Except as otherwise specifically provided, the 
     term ``child'' has the meaning given to the term in section 
     101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
     1101(b)(1)).
       (3) Child welfare agency.--The term ``child welfare 
     agency'' means the State or local agency responsible for 
     child welfare services under subtitles B and E of title IV of 
     the Social Security Act (42 U.S.C. 601 et seq.).
       (4) Cooperating entity.--The term ``cooperating entity'' 
     means a State or local entity acting under agreement with the 
     Secretary.
       (5) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (6) Detention facility.--The term ``detention facility'' 
     means a Federal, State, or local government facility, or a 
     privately owned and operated facility, that is used to hold 
     individuals suspected or found to be in violation of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (7) Immigration enforcement action.--The term ``immigration 
     enforcement action'' means the apprehension of, detention of, 
     or request for or issuance of a detainer for, 1 or more 
     individuals for suspected or confirmed violations of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by 
     the Secretary or a cooperating entity.
       (8) Local educational agency.--The term ``local educational 
     agency'' has the meaning given to the term in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (9) NGO.--The term ``NGO'' means a nongovernmental 
     organization that provides social services or humanitarian 
     assistance to the immigrant community.
       (10) Secretary.--Except as otherwise specifically provided, 
     the term ``Secretary'' means the Secretary of the Department.

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

       (a) Notification.--
       (1) Advance notification.--Subject to paragraph (2), when 
     conducting any immigration enforcement action, the Secretary 
     and cooperating entities shall notify the Governor of the 
     State, the local child welfare agency, and relevant State and 
     local law enforcement before commencing the action, or, if 
     advance notification is not possible, immediately after 
     commencing such action, of--

[[Page S4805]]

       (A) the approximate number of individuals to be targeted in 
     the immigration enforcement action; and
       (B) the primary language or languages believed to be spoken 
     by individuals at the targeted site.
       (2) Hours of notification.--To the extent possible, the 
     advance notification required by paragraph (1) should occur 
     during business hours and allow the notified entities 
     sufficient time to identify resources to conduct the 
     interviews described in subsection (b)(1).
       (3) Other notification.--When conducting any immigration 
     action, the Secretary and cooperating entities shall notify 
     the relevant local educational agency and local NGOs of the 
     information described in paragraph (1) immediately after 
     commencing the action.
       (b) Apprehension Procedures.--In any immigration 
     enforcement action, the Secretary and cooperating entities 
     shall--
       (1) as soon as possible and not later than 6 hours after an 
     immigration enforcement action, provide licensed social 
     workers or case managers employed or contracted by the child 
     welfare agency or local NGOs with confidential access to 
     screen and interview individuals apprehended in such 
     immigration enforcement action to assist the Secretary or 
     cooperating entity in determining if such individuals are 
     parents, legal guardians, or primary caregivers of a child in 
     the United States;
       (2) as soon as possible and not later than 8 hours after an 
     immigration enforcement action, provide any apprehended 
     individual believed to be a parent, legal guardian, or 
     primary caregiver of a child in the United States with--
       (A) free, confidential telephone calls, including calls to 
     child welfare agencies, attorneys, and legal services 
     providers, to arrange for the care of children or wards, 
     unless the Secretary has reasonable grounds to believe that 
     providing confidential phone calls to the individual would 
     endanger public safety or national security; and
       (B) contact information for--
       (i) child welfare agencies in all 50 States, the District 
     of Columbia, all United States territories, counties, and 
     local jurisdictions; and
       (ii) attorneys and legal service providers capable of 
     providing free legal advice or free legal representation 
     regarding child welfare, child custody determinations, and 
     immigration matters;
       (3) ensure that personnel of the Department and cooperating 
     entities do not--
       (A) interview individuals in the immediate presence of 
     children; or
       (B) compel or request children to translate for interviews 
     of other individuals who are encountered as part of an 
     immigration enforcement action; and
       (4) ensure that any parent, legal guardian, or primary 
     caregiver of a child in the United States--
       (A) receives due consideration of the best interests of his 
     or her children or wards in any decision or action relating 
     to his or her detention, release, or transfer between 
     detention facilities; and
       (B) is not transferred from his or her initial detention 
     facility or to the custody of the Secretary until the 
     individual--
       (i) has made arrangements for the care of his or her 
     children or wards; or
       (ii) if such arrangements are impossible, is informed of 
     the care arrangements made for the children and of a means to 
     maintain communication with the children.
       (c) Nondisclosure and Retention of Information About 
     Apprehended Individuals and Their Children.--
       (1) In general.--Information collected by child welfare 
     agencies and NGOs in the course of the screenings and 
     interviews described in subsection (b)(1) may not be 
     disclosed to Federal, State, or local government entities or 
     to any person, except pursuant to written authorization from 
     the individual or his or her legal counsel.
       (2) Child welfare agency or ngo recommendation.--
     Notwithstanding paragraph (1), a child welfare agency or NGO 
     may--
       (A) submit a recommendation to the Secretary or a 
     cooperating entity regarding whether an apprehended 
     individual is a parent, legal guardian, or primary caregiver 
     who is eligible for the protections provided under this Act; 
     and
       (B) disclose information that is necessary to protect the 
     safety of the child, to allow for the application of 
     subsection (b)(4)(A), or to prevent reasonably certain death 
     or substantial bodily harm.

     SEC. 4. ACCESS TO CHILDREN, LOCAL AND STATE COURTS, CHILD 
                   WELFARE AGENCIES, AND CONSULAR OFFICIALS.

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

     SEC. 5. MEMORANDA OF UNDERSTANDING.

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

     SEC. 6. MANDATORY TRAINING.

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

     SEC. 7. RULEMAKING.

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

     SEC. 8. SEVERABILITY.

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

     SEC. 9. REPORT ON PROTECTIONS FOR CHILDREN IMPACTED BY 
                   IMMIGRATION ENFORCEMENT ACTIVITIES.

       (a) Requirement for Report.--Not later than 1 year after 
     the date of the enactment of this Act, and annually 
     thereafter, the Secretary shall submit to Congress a report 
     that describes the impact of immigration enforcement 
     activities on children, including children who are citizens 
     of the United States.
       (b) Content.--The report submitted under subsection (a) 
     shall include for the previous 1-year period an assessment 
     of--
       (1) the number of individuals removed from the United 
     States who are the parent of a child who is a citizen of the 
     United States;
       (2) the number of occasions in which both parents or the 
     primary caretaker of such a child was removed from the United 
     States;
       (3) the number of children who are citizens of the United 
     States who leave the United States with parents who are 
     removed;
       (4) the number of such children who remained in the United 
     States after the removal of a parent;
       (5) the age of each such child at the time a parent is 
     removed; and
       (6) the number of instances in which such a child whose 
     parent is apprehended, detained, or removed is referred to 
     the local child welfare agency by officers or employees of 
     the Department.
                                 ______