[Congressional Record Volume 169, Number 176 (Wednesday, October 25, 2023)]
[Senate]
[Pages S5184-S5192]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Ms. COLLINS (for herself and Mr. Durbin):
S. 3125. A bill to reauthorize the Runaway and Homeless Youth Act,
and for other purposes; to the Committee on the Judiciary.
Ms. COLLINS. Madam President, I rise to join my colleague, the senior
Senator from Illinois and chair of the Senate Judiciary Committee,
Senator Durbin, in introducing the Runaway and Homeless Youth and
Trafficking Prevention Act of 2023. This bill would update and
reauthorize Runaway and Homeless Youth Act programs, which have
provided lifesaving services and housing for America's homeless youth
for nearly half a century.
Homelessness is affecting youth in truly staggering numbers.
According to the National Network for Youth, an estimated 4.2 million
young people experience homelessness at some point each year. Some of
these youth may be away from home for a few nights, while others have
been living on the streets for years. No area of this country is immune
from the scourge of homelessness, as it affects rural and urban
communities alike.
Tragically, runaway and homeless youth are at high risk of
victimization, abuse, criminal activity, and even death. This
population is at greater risk of suicide, unintended pregnancy, and
substance abuse. Many are unable to continue with school and are more
likely to enter our juvenile criminal justice system. The reality is
that available data likely underestimate the scale and consequences of
this problem.
I have met with teachers, social workers, and others from Maine who
work directly with young people experiencing homelessness, and I have
talked with homeless teens to learn from their experiences. We talked
about the pressure that student homelessness places on teachers, school
administrators and their already strapped resources, and--most
important--the homeless students themselves. I have also visited New
Beginnings in Lewiston, ME, where I saw firsthand how Runaway and
Homeless Youth Act resources are providing essential safety nets for
young people in need. The staff at New Beginnings provides a safe
place, helps young people with case management, facilitates referrals
to State and local agencies, assists with housing needs and access to
shelter, and connects individuals to local educational and employment
programs.
Several years ago, as the chair of the Senate Transportation and
Housing Appropriations Subcommittee, I held a hearing that featured
testimony from Brittany Dixon, a former homeless youth from Auburn, ME
who gave powerful testimony on her personal experience with
homelessness. After becoming homeless, Brittany was connected with New
Beginnings. In her testimony, she said, ``New Beginnings provided many
resources I could use to succeed, including assistance with college
applications and financial aid . . . New Beginnings has helped me to
develop critical life skills and to become self-sufficient . . . .
Programs that support homeless youth are important to so many young
people like me,'' she added. ``It gives young people the chance to have
a safe place to stay while they get their footing and figure out what
they want to do in their lives.''
Runaway and Homeless Youth Act programs helped make Brittany's
success story possible. Sadly, however, there are still many homeless
youth who do not have the support they need. We must build on our past
efforts because homeless youth should have the same opportunities to
succeed as their peers.
The three existing Runaway and Homeless Youth Act programs--the Basic
Center Program, the Street Outreach Program, and the Transitional
Living Program--help community-based organizations reach young people
when they need support the most. These programs help runaway and
homeless youth avoid the juvenile justice system, and early
intervention can help them escape victimization and trafficking.
The Runaway and Homeless Youth and Trafficking Prevention Act would
reauthorize and strengthen these programs that help homeless youth meet
[[Page S5185]]
their immediate needs, and it would help secure long-term residential
services for those who cannot be safely reunited with their families.
Our legislation would also create a new program--the Prevention
Services Program--designed to help prevent youth from becoming homeless
in the first instance. Moreover, our bill supports wraparound services
for victims of trafficking and sexual exploitation.
The Runaway and Homeless Youth and Trafficking Prevention Act will
support those young people who run away, are forced out of their homes,
or are disconnected from their families. A caring and safe place to
sleep, eat, grow, study, and develop is critical for all young people.
The programs reauthorized and modernized through this legislation help
extend those basic services to the most vulnerable youth in our
communities.
I thank Senator Durbin for his leadership on this bill and urge my
colleagues to support it.
______
By Mr. DURBIN (for himself, Ms. Cortez Masto, Ms. Hirono, Mrs.
Gillibrand, Mr. Merkley, Mr. Menendez, Mr. Blumenthal, Ms.
Butler, Mr. Welch, and Mr. Whitehouse):
S. 3128. 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; to the Committee on the Judiciary.
Mr. DURBIN. Madam 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. 3128
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--
[[Page S5186]]
(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
[[Page S5187]]
(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
[[Page S5188]]
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
[[Page S5189]]
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.
[[Page S5190]]
``(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:
[[Page S5191]]
``(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
[[Page S5192]]
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.
____________________