II 

117TH CONGRESS 

2D SESSION S. 4529 

To provide protections for children in immigration custody, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2022 

Mr. MERKLEY (for himself, Mrs. GILLIBRAND, Mr. DURBIN, Mr. SCHATZ, Ms. 

WARREN, Mr. MARKEY, Mr. SANDERS, Ms. HIRONO, Mrs. FEINSTEIN, 

Mrs. MURRAY, Mr. WYDEN, Ms. ROSEN, Mr. CASEY, and Ms. KLOBUCHAR) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To provide protections for children in immigration custody, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Children’s Safe Welcome Act of 2022’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 


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TITLE I—PROCEDURES AND TEMPORARY PLACEMENTS 

FOLLOWING APPREHENSION 

Sec. 101. Prohibition on family separation. 

Sec. 102. Protections for noncitizen children. 

Sec. 103. Nonadversarial asylum processing for noncitizen children. 

Sec. 104. Standards for U.S. Customs and Border Protection detention of noncitizen children. 

Sec. 105. Standards for U.S. Customs and Border Protection facilities housing 

noncitizen children. 

Sec. 106. Modification of term ‘‘asylum officer’’ to exclude officers of U.S. Customs and Border Protection. 

TITLE II—STANDARDS FOR DEPARTMENT OF HEALTH AND 

HUMAN SERVICES CUSTODY OF UNACCOMPANIED NONCITIZEN 

CHILDREN 

Subtitle A—Standards for Foster Care Homes and Childcare Facilities 

Sec. 201. Operation of foster care homes and childcare facilities. 

Sec. 202. Notice of rights. 

Sec. 203. Staffing and training. 

Subtitle B—Services for Unaccompanied Noncitizen Children 

Sec. 211. Required services. 

Sec. 212. Evaluation for disability. 

Sec. 213. Education. 

Sec. 214. Recreation. 

Subtitle C—Placement of Children 

Sec. 221. Phasing out large congregate care facilities. 

Sec. 222. Least restrictive setting. 

Sec. 223. Foster family care. 

Sec. 224. Additional requirements relating to children with disabilities and children with mental health needs. 

Sec. 225. Minimizing transfers. 

Sec. 226. Restrictive placements. 

Sec. 227. Judicial review of placement. 

Subtitle D—Family Reunification and Standards Relating to Sponsors 

Sec. 231. Family reunification efforts by Office of Refugee Resettlement. 

Sec. 232. Standards relating to sponsors. 

Sec. 233. Special considerations relating to release of children with disabilities. 

Subtitle E—Release 

Sec. 241. Procedures for release. 

Sec. 242. Post-release services. 

Sec. 243. Individuals attaining 18 years of age. 

Sec. 244. Custody review by Ombudsperson. 

TITLE III—EMERGENCIES AND INFLUXES 

Sec. 301. Sense of Congress. 

Sec. 302. Definitions. 


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Sec. 303. Placement. 

Sec. 304. Planning for emergencies and influxes. 

Sec. 305. Influx facility standards and staffing. 

Sec. 306. Monitoring and oversight. 

TITLE IV—LEGAL REPRESENTATION FOR UNACCOMPANIED 

NONCITIZEN CHILDREN 

Sec. 401. Legal orientation presentations and legal screenings. 

Sec. 402. Legal representation. 

TITLE V—APPOINTMENT OF CHILD ADVOCATES AND 

IMPROVEMENTS TO IMMIGRATION COURTS 

Sec. 501. Appointment of child advocates. 

Sec. 502. Immigration court improvements. 

TITLE VI—OVERSIGHT, MONITORING, AND ENFORCEMENT 

Sec. 601. Office of the Ombudsperson for Unaccompanied Noncitizen Children 

in Immigration Custody. 

Sec. 602. Data collection and reporting. 

Sec. 603. Enforcement. 

Sec. 604. Protection from retaliation. 

Sec. 605. Mandatory access to detention facilities for Members of Congress. 

TITLE VII—NONDISCRIMINATION 

Sec. 701. Fair and equal treatment. 

Sec. 702. Responsibilities of care providers. 

TITLE VIII—INFORMATION SHARING AND DATA PROTECTION 

Sec. 801. Separation of records. 

Sec. 802. Prohibition on use for denial of relief or in removal proceedings. 

Sec. 803. Disclosure. 

Sec. 804. Prohibition on information sharing. 

Sec. 805. Counseling records. 

Sec. 806. Data protection for sponsors. 

TITLE IX—MISCELLANEOUS PROVISION 

Sec. 901. Rule of construction. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ACCOMPANIED NONCITIZEN CHILD.—The 

4 term ‘‘accompanied noncitizen child’’ means a non5 citizen under the age of 18 years who— 

6 (A) has no lawful immigration status in 

7 the United States; and 


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1 (B) is detained in immigration custody 

2 while traveling with a parent or legal guardian, 

3 including an adoptive parent and a stepparent. 

4 (2) BEST INTERESTS OF THE CHILD.—With re5 spect to an accompanied noncitizen child or unac6 companied noncitizen child, the term ‘‘best interests 

7 of the child’’ means a consideration, informed to the 

8 extent practicable by the child and the parents or 

9 guardian and extended family of the child, that 

10 takes into account— 

11 (A) the safety and well-being of the child; 

12 (B) the expressed interests of the child, 

13 taking into account the child’s age and stage of 

14 development; 

15 (C) the physical and mental health of the 

16 child; 

17 (D) the right of the child to— 

18 (i) family integrity; 

19 (ii) liberty; and 

20 (iii) development; and 

21 (E) the identity of the child, including reli22 gious, ethnic, linguistic, gender, sexual orienta23 tion, and cultural identity. 

24 (3) CHILDCARE FACILITY.—The term 

25 ‘‘childcare facility’’ means a facility operated by the 


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1 Department of Health and Human Services, or a 

2 contractor of the Department of Health and Human 

3 Services, that— 

4 (A) is a State-licensed program; and 

5 (B) provides residential care for unaccom6 panied noncitizen children. 

7 (4) DIRECTOR.—The term ‘‘Director’’ means 

8 the Director of the Office of Refugee Resettlement. 

9 (5) EARLY CHILDHOOD MINOR.—The term 

10 ‘‘early childhood minor’’ means an individual who is 

11 12 years of age or younger or has the developmental 

12 age of such an individual. 

13 (6) FLORES SETTLEMENT AGREEMENT.—The 

14 term ‘‘Flores settlement agreement’’ means the stip15 ulated settlement agreement in Reno v. Flores, as 

16 filed in the United States District Court for the 

17 Central District of California on January 17, 1997 

18 (CV–85–4544–RJK), including all subsequent court 

19 decisions, orders, agreements, and stipulations. 

20 (7) IMMIGRATION CUSTODY.—The term ‘‘immi21 gration custody’’ means the physical custody of the 

22 Secretary of Health and Human Services or the Sec23 retary of Homeland Security (or the head of any 

24 successor agency of the Department of Health and 


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1 Human Services or the Department of Homeland 

2 Security). 

3 (8) INFLUX.—The term ‘‘influx’’ means a pe4 riod during which— 

5 (A) not less than 95 percent of the avail6 able beds in permanent childcare facilities are 

7 occupied; and 

8 (B) the average length of care for unac9 companied noncitizen children in the custody of 

10 the Secretary of Health and Human Services 

11 exceeds 35 days. 

12 (9) INFLUX FACILITY.—The term ‘‘influx facil13 ity’’ means any public or private facility established 

14 to provide temporary emergency shelter and services 

15 for unaccompanied noncitizen children during an in16 flux or emergency. 

17 (10) NONCITIZEN.—The term ‘‘noncitizen’’ 

18 means an individual who is not a citizen or national 

19 of the United States. 

20 (11) NONPARENT FAMILY MEMBER.—With re21 spect to an unaccompanied noncitizen child appre22 hended with a nonparent family member, the term 

23 ‘‘nonparent family member’’ means an individual 

24 who is— 

25 (A) 18 years of age or older; and 


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1 (B) a relative of such child, including a 

2 grandparent, aunt, uncle, first cousin, sibling, 

3 and fictive kin. 

4 (12) OMBUDSPERSON.—The term 

5 ‘‘Ombudsperson’’ means the Ombudsperson of the 

6 Office of the Ombudsperson for Unaccompanied 

7 Noncitizen Children established under section 601. 

8 (13) OUT-OF-NETWORK FACILITY.—The term 

9 ‘‘out-of-network facility’’ means any public or private 

10 facility, including a mental health facility, or any 

11 other location that— 

12 (A) is used to provide residential care for 

13 unaccompanied noncitizen children; and 

14 (B) is not an Office of Refugee Resettle15 ment facility. 

16 (14) PROSPECTIVE SPONSOR.—The term ‘‘pro17 spective sponsor’’ means an individual or entity who 

18 applies for custody of an unaccompanied noncitizen 

19 child. 

20 (15) SECRETARY.—The term ‘‘Secretary’’ 

21 means the Secretary of Health and Human Services. 

22 (16) SECURE FACILITY.—The term ‘‘secure fa23 cility’’ means any public or private facility that is 

24 opened by a program, agency, or organization that 

25 is licensed by an appropriate State agency to provide 


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1 residential care for children who have been adju2 dicated delinquent. 

3 (17) SPECIAL NEEDS NONCITIZEN CHILD.—The 

4 term ‘‘special needs noncitizen child’’— 

5 (A)(i) means a noncitizen under the age of 

6 18 years, the mental or physical condition of 

7 whom requires special services or medical equip8 ment and special treatment by the staff of a 

9 childcare facility; and 

10 (ii) includes such an individual who— 

11 (I) has special needs due to drug or 

12 alcohol abuse, serious emotional disturb13 ance, mental illness, developmental or cog14 nitive delay, or a physical condition or 

15 chronic illness that requires special services 

16 or treatment; 

17 (II) is an individual with a disability 

18 (as defined in section 3 of the Americans 

19 with Disabilities Act of 1990 (42 U.S.C. 

20 12102)); or 

21 (III) requires special services or treat22 ment as a result of neglect or abuse; and 

23 (B) in the case of a child who is 12 years 

24 of age or older, means such a child who conVerDate Sep 11 2014 23:42 Jul 15, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4529.IS S4529

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1 sents to such designation, services, and treat2 ment. 

3 (18) SPONSOR.—The term ‘‘sponsor’’ means an 

4 individual or entity who has been approved by the 

5 Director to assume custody of an unaccompanied 

6 noncitizen child on release from the custody of the 

7 Secretary. 

8 (19) STAFF-SECURE FACILITY.—The term 

9 ‘‘staff-secure facility’’— 

10 (A) means any public or private facility 

11 that is licensed by an appropriate State agency 

12 to provide residential care for children who have 

13 been determined to require close or intensive 

14 care in accordance with section 226(c)(3); and 

15 (B) does not include a facility that pro16 vides residential care to children who have been 

17 adjudicated delinquent. 

18 (20) STATE-LICENSED PROGRAM.—The term 

19 ‘‘State-licensed program’’ means any public or pri20 vate program, agency, or organization licensed by an 

21 appropriate State agency to provide residential, 

22 group, or foster care services for unaccompanied 

23 noncitizen children (including a program operating 

24 group homes, foster homes, or facilities for special 


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1 needs noncitizen children) that complies with appli2 cable— 

3 (A) State child welfare laws, regulations, 

4 and policies; 

5 (B) State and local building, fire, health, 

6 and safety laws and regulations; 

7 (C) Federal, State, and local human rights 

8 and privacy laws, as applicable; and 

9 (D) State staffing and training require10 ments. 

11 (21) UNACCOMPANIED NONCITIZEN CHILD.— 

12 The term ‘‘unaccompanied noncitizen child’’ has the 

13 meaning given the term ‘‘unaccompanied alien child’’ 

14 in section 462(g) of the Homeland Security Act of 

15 2002 (6 U.S.C. 279(g)). 

16 TITLE I—PROCEDURES AND 

17 TEMPORARY PLACEMENTS 

18 FOLLOWING APPREHENSION 

19 SEC. 101. PROHIBITION ON FAMILY SEPARATION. 

20 (a) IN GENERAL.—An accompanied noncitizen child 

21 shall remain physically together with their parent or legal 

22 guardian at all times while in the custody of the Secretary 

23 of Homeland Security or the Secretary of Health and 

24 Human Services, unless— 


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1 (1) the accompanied noncitizen child requests 

2 privacy temporarily; 

3 (2) during the screening process, a determina4 tion is made based on clear and convincing evidence 

5 that the parent or legal guardian of the accompanied 

6 noncitizen child, or the adult caregiver of the child 

7 who has been determined by a child welfare expert 

8 to be suitable to provide care and physical custody 

9 of the child in the United States, presents an immi10 nent threat to United States national security or is 

11 inadmissible under subparagraphs (C)(i), (E), (G), 

12 or (I) of section 212(a)(2) of the Immigration and 

13 Nationality Act (8 U.S.C. 1182(a)(2)); or 

14 (3) the child protection professional documents 

15 based on clear and convincing evidence that the con16 tinued care of the accompanied noncitizen child by 

17 the parent or legal guardian is likely to result in se18 rious emotional or physical damage to the child. 

19 (b) TERMINATION OF SEPARATION.—In the case of 

20 a separation under paragraph (2) or (3) of subsection (a), 

21 as soon as practicable after the potential damage to the 

22 child is sufficiently mitigated or remedied— 

23 (1) in the case of a child in the custody of the 

24 Secretary of Health and Human Services, the Sec25 retary of Health and Human Services shall return 


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1 the child to the individual from whom they were sep2 arated; and 

3 (2) in the case of a child in the custody of the 

4 Secretary of Homeland Security, the Secretary of 

5 Homeland Security shall release the individual in ac6 cordance with subsection (a)(5) of section 235 of the 

7 William Wilberforce Trafficking Victims Protection 

8 Reauthorization Act of 2008 (8 U.S.C. 1232), as 

9 amended by section 102. 

10 (c) CHALLENGE TO SEPARATION.—In the case of a 

11 separation under paragraph (2) or (3) of subsection (a), 

12 the Secretary of Homeland Security shall— 

13 (1) notify the parents, legal guardians, and ac14 companied children concerned of their— 

15 (A) right to challenge such separation 

16 under titles VI and VII; and 

17 (B) private right of action to seek review 

18 before a district court of the United States; and 

19 (2) provide a copy of any determination, evi20 dence, arrest warrants, or other documentation sup21 porting such separation to such individuals and their 

22 attorneys. 

23 (d) TREATMENT OF UNACCOMPANIED CHILDREN

24 TRAVELING WITH CERTAIN CAREGIVERS.—Unaccom25 panied children traveling with nonparent or nonlegal 


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1 guardian caregivers shall be treated by the Secretary of 

2 Health and Human Services in accordance with paragraph 

3 (3)(C) of section 235(b) of the William Wilberforce Traf4 ficking Victims Protection Reauthorization Act of 2008 (8 

5 U.S.C. 1232(b)), as amended by section 102. 

6 SEC. 102. PROTECTIONS FOR NONCITIZEN CHILDREN. 

7 Section 235 of the William Wilberforce Trafficking 

8 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 

9 1232) is amended— 

10 (1) by striking ‘‘unaccompanied alien child’’ 

11 each place it appears and inserting ‘‘unaccompanied 

12 noncitizen child’’; 

13 (2) by striking ‘‘unaccompanied alien child’s’’ 

14 each place it appears and inserting ‘‘unaccompanied 

15 noncitizen child’s’’; 

16 (3) by striking ‘‘unaccompanied alien children’’ 

17 each place it appears and inserting ‘‘unaccompanied 

18 noncitizen children’’; 

19 (4) by striking ‘‘unaccompanied alien chil20 dren’s’’ each place it appears and inserting ‘‘unac21 companied noncitizen children’s’’; 

22 (5) in subsection (a)— 

23 (A) by striking paragraphs (2) and (4); 

24 (B) by redesignating paragraphs (3) and 

25 (5) as paragraphs (2) and (3), respectively; 


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1 (C) in paragraph (2), as redesignated, in 

2 the paragraph heading, by striking ‘‘OTHER’’ 

3 and inserting ‘‘UNACCOMPANIED NONCITIZEN’’; 

4 (D) in paragraph (3), as redesignated— 

5 (i) in subparagraph (C), in the sub6 paragraph heading, by striking ‘‘UNACCOM7 PANIED ALIEN CHILDREN’’ and inserting 

8 ‘‘UNACCOMPANIED NONCITIZEN CHIL9 DREN’’; and 

10 (ii) in subparagraph (D), in the mat11 ter preceding clause (i), by striking ‘‘, ex12 cept for an unaccompanied alien child from 

13 a contiguous country subject to exceptions 

14 under subsection (a)(2),’’; and 

15 (E) by inserting after paragraph (3), as re16 designated, the following: 

17 ‘‘(4) CHILD PROTECTION PROFESSIONALS AT

18 THE BORDER.— 

19 ‘‘(A) IN GENERAL.—The Secretary of 

20 Homeland Security shall ensure that a licensed 

21 child protection professional is physically 

22 present to provide onsite expertise at each— 

23 ‘‘(i) land port of entry at which non24 citizen children are most likely to enter; 


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1 ‘‘(ii) Border Patrol station on the 

2 southern border; and 

3 ‘‘(iii) U.S. Customs and Border Pro4 tection processing facility and reception 

5 center, regardless of whether such facility 

6 or center is temporary in nature. 

7 ‘‘(B) QUALIFICATIONS.— 

8 ‘‘(i) IN GENERAL.—Such a child pro9 tection professional shall— 

10 ‘‘(I) be licensed in social work; 

11 ‘‘(II) have direct experience pro12 viding trauma-informed care to chil13 dren who have experienced trauma; 

14 and 

15 ‘‘(III) subject to clause (ii), be 

16 proficient in Spanish or 1 of the top 

17 5 most common languages spoken by 

18 noncitizen children in the past 5 

19 years. 

20 ‘‘(ii) PHASE-IN OF LANGUAGE PRO21 FICIENCY.—During the 3-year period be22 ginning on the date of the enactment of 

23 the Children’s Safe Welcome Act of 2022, 

24 25 percent of the child protection profes25 sionals hired by the Secretary of Homeland 


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1 Security to carry out the duties under this 

2 section shall be exempt from clause 

3 (i)(III). 

4 ‘‘(C) OVERSIGHT OF CARE.—Such a child 

5 protection professional shall oversee the care of 

6 noncitizen children in U.S. Customs and Border 

7 Protection facilities, consistent with the stand8 ards established under sections 104 and 105 of 

9 the Children’s Safe Welcome Act of 2022, in10 cluding by ensuring access to adequate food, 

11 hydration, hygiene necessities, medical care, 

12 and other services the child protection profes13 sional considers necessary. 

14 ‘‘(5) RELEASE OF CHILDREN APPREHENDED

15 WITH PARENTS, ADOPTIVE PARENTS, OR LEGAL

16 GUARDIANS.—In the case of a child apprehended 

17 with a parent, adoptive parent, or legal guardian, 

18 the Secretary of Homeland Security shall— 

19 ‘‘(A) release the child together with the 

20 parent, adoptive parent, or legal guardian, as 

21 applicable; and 

22 ‘‘(B) ensure that the child is provided with 

23 support from a qualified nongovernmental com24 munity-based organization with experience proVerDate Sep 11 2014 23:42 Jul 15, 2022 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S4529.IS S4529

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1 viding services to immigrant, refugee, and asy2 lum-seeking populations. 

3 ‘‘(6) RELEASE OF CHILDREN APPREHENDED

4 WITH NONPARENT FAMILY MEMBERS.—In the case 

5 of a child apprehended with a nonparent family 

6 member determined under subsection (b)(3)(C)(iii) 

7 to be an appropriate sponsor for the child, the Sec8 retary of Health and Human Services shall— 

9 ‘‘(A) release the child together with the 

10 nonparent family member; and 

11 ‘‘(B) ensure that the child is provided with 

12 support from a qualified nongovernmental com13 munity-based organization with experience pro14 viding services to immigrant, refugee, and asy15 lum-seeking populations. 

16 ‘‘(7) PROHIBITION ON OPERATION OF FAMILY

17 DETENTION FACILITIES.—The Federal Government 

18 may not operate, under any circumstance, a family 

19 detention facility.’’; 

20 (6) in subsection (b)— 

21 (A) in paragraph (1), in the paragraph 

22 heading, by striking ‘‘UNACCOMPANIED ALIEN

23 CHILDREN’’ and inserting ‘‘UNACCOMPANIED

24 NONCITIZEN CHILDREN’’; 

25 (B) in paragraph (3)— 


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1 (i) in the paragraph heading, by strik2 ing ‘‘UNACCOMPANIED ALIEN CHILDREN’’ 

3 and inserting ‘‘UNACCOMPANIED NONCIT4 IZEN CHILDREN’’; 

5 (ii) by striking ‘‘Except in the case of 

6 exceptional circumstances,’’ and inserting 

7 the following: 

8 ‘‘(A) IN GENERAL.—Except in the case of 

9 exceptional circumstances, subject to subpara10 graph (B),’’; and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(B) LIMITATION ON U.S. CUSTOMS AND

14 BORDER PROTECTION CUSTODY.—Under no cir15 cumstance may the Commissioner hold an unac16 companied or accompanied noncitizen child in 

17 custody for more than 72 hours. 

18 ‘‘(C) RECEPTION CENTERS.— 

19 ‘‘(i) DESIGNATION.—The Commis20 sioner shall designate 1 or more reception 

21 centers located within 100 miles of each 

22 port of entry and each Border Patrol Sta23 tion on the southern border for the pur24 pose of conducting expedited evaluations 

25 described in clause (iii). 


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1 ‘‘(ii) TRANSFER.—In the case of an 

2 unaccompanied noncitizen child appre3 hended with a nonparent family member, 

4 the Commissioner shall immediately trans5 fer the child and his or her 1 or more non6 parent family members, as applicable, to a 

7 reception center designated under clause 

8 (i) for the purpose of an evaluation under 

9 clause (iii). 

10 ‘‘(iii) EXPEDITED EVALUATIONS.— 

11 ‘‘(I) IN GENERAL.—On the ar12 rival of an unaccompanied noncitizen 

13 child apprehended with a nonparent 

14 family member at a designated recep15 tion center, a Federal field specialist 

16 of the Department of Health and 

17 Human Services shall evaluate the 

18 child to determine whether he or she 

19 may be released safely from U.S. Cus20 toms and Border Protection custody 

21 to the nonparent family member with 

22 whom the child was apprehended. 

23 ‘‘(II) PRIVATE SPACE.—The 

24 Commissioner shall make available in 

25 each designated reception center a 


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1 private space in which such Federal 

2 field specialists may carry out such 

3 evaluations. 

4 ‘‘(iv) STAFFING.— 

5 ‘‘(I) FEDERAL FIELD SPECIAL6 ISTS.— 

7 ‘‘(aa) IN GENERAL.—Fed8 eral field specialists of the De9 partment of Health and Human 

10 Services shall be detailed to des11 ignated reception centers for 

12 brief periods to ensure the inde13 pendence of Department of 

14 Health and Human Services staff 

15 from the duties and functions of 

16 U.S. Customs and Border Pro17 tection. 

18 ‘‘(bb) DUTIES.—A Federal 

19 field specialist detailed to a des20 ignated reception center shall 

21 verify family relationships and 

22 screen each unaccompanied non23 citizen child apprehended with a 

24 nonparent family member for 

25 safety concerns using existing or 


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1 newly developed Department of 

2 Health and Human Services tools 

3 and skills, including document re4 view, observation, and interviews 

5 of the child and family members. 

6 ‘‘(II) CASE MANAGERS AND CASE

7 COORDINATORS.— 

8 ‘‘(aa) IN GENERAL.—Case 

9 managers and case coordinators 

10 of the Department of Health and 

11 Human Services shall be detailed 

12 to designated reception centers 

13 for brief periods to ensure the 

14 independence of Department of 

15 Health and Human Services staff 

16 from the duties and functions of 

17 U.S. Customs and Border Pro18 tection. 

19 ‘‘(bb) DUTIES.—A case 

20 manager or case coordinator de21 tailed to a designated reception 

22 center shall assist the Federal 

23 field specialist at the reception 

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1 accompanied noncitizen child ap2 prehended with a nonparent fam3 ily member for safety concerns 

4 using existing or newly developed 

5 Department of Health and 

6 Human Services tools and skills, 

7 including document review, obser8 vation, and interviews of the 

9 child and family members. 

10 ‘‘(III) LEGAL SERVICES PRO11 VIDERS.—The Secretary of Health 

12 and Human Services shall enter into 

13 1 or more contracts with nongovern14 mental legal services providers to pro15 vide legal orientation presentations to 

16 accompanied noncitizen children and 

17 unaccompanied noncitizen children ap18 prehended with nonparent family 

19 members and their parents or legal 

20 guardians or nonparent family mem21 bers, as applicable, under consider22 ation for expedited release under this 

23 subparagraph. 

24 ‘‘(v) RELEASE DECISION.—The Sec25 retary of Health and Human Services shall 


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1 make a determination with respect to expe2 dited release under this subparagraph not 

3 later than 72 hours after the child has 

4 been determined to be an unaccompanied 

5 noncitizen child. 

6 ‘‘(vi) RELEASE OF NONPARENT FAM7 ILY MEMBER.— 

8 ‘‘(I) IN GENERAL.—If the Sec9 retary of Health and Human Services 

10 determines that the nonparent family 

11 member of an unaccompanied noncit12 izen child apprehended with a non13 parent family member is a safe spon14 sor, and the applicable Federal field 

15 specialist and case manager or case 

16 coordinator have verified the family 

17 relationship, the Commissioner shall 

18 approve the release of the nonparent 

19 family member for the purpose of re20 unification with the child. 

21 ‘‘(II) RETENTION OF UNACCOM22 PANIED NONCITIZEN CHILD DETER23 MINATION.—An unaccompanied non24 citizen child released to a nonparent 

25 family member who is released under 


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1 subclause (I) shall retain his or her 

2 determination as an unaccompanied 

3 noncitizen child. 

4 ‘‘(III) POST-RELEASE COUNSEL

5 AND SERVICES.—The Secretary of 

6 Health and Human Services shall pro7 vide to each child released to a non8 parent family member who is released 

9 under subclause (I) post-release coun10 sel and services, such as legal counsel, 

11 in the location in which the child’s re12 moval proceedings are scheduled. 

13 ‘‘(vii) TRANSFER TO OFFICE OF REF14 UGEE RESETTLEMENT CUSTODY.— 

15 ‘‘(I) IN GENERAL.—If the Sec16 retary of Health and Human Services 

17 cannot make a determination with re18 spect to whether a nonparent family 

19 member is an imminent substantial 

20 and credible threat to a child within 

21 72 hours after the Commissioner has 

22 made the unaccompanied noncitizen 

23 child determination, or if an unaccom24 panied noncitizen child apprehended 

25 with a nonparent family member is 


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1 denied expedited release under this 

2 subparagraph— 

3 ‘‘(aa) such child shall be 

4 placed in the least restrictive set5 ting; 

6 ‘‘(bb) notice shall be pro7 vided to the nonparent family 

8 member with respect to— 

9 ‘‘(AA) the reason for 

10 the inability to timely make 

11 such determination or for 

12 the denial; and 

13 ‘‘(BB) the location of 

14 the child’s transfer and any 

15 subsequent transfer; and 

16 ‘‘(cc) the family relationship 

17 shall be documented. 

18 ‘‘(II) APPOINTMENT OF CHILD

19 ADVOCATE.—In the case of a child de20 nied expedited release under this sub21 paragraph, the Secretary of Health 

22 and Human Services shall appoint a 

23 child advocate for the child. 

24 ‘‘(viii) PROHIBITION.—The adjudica25 tion of asylum applications shall not be 


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1 carried out in a reception center des2 ignated under this subparagraph. 

3 ‘‘(D) TRANSPORTATION.— 

4 ‘‘(i) IN GENERAL.—Except as pro5 vided in clause (ii), the Commissioner may 

6 not transport any unaccompanied noncit7 izen child in a vehicle with a detained adult 

8 who is not related to the child. 

9 ‘‘(ii) EXCEPTION.— 

10 ‘‘(I) IN GENERAL.—The Commis11 sioner may transport an unaccom12 panied noncitizen child in a vehicle 

13 with such an adult only from the 

14 place of arrest or apprehension to a 

15 U.S. Customs and Border Protection 

16 facility. 

17 ‘‘(II) PRECAUTIONS.—In trans18 porting an unaccompanied noncitizen 

19 child under subclause (I), the Com20 missioner shall take necessary pre21 cautions for the protection and well22 being of the unaccompanied noncitizen 

23 child.’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(5) SUBSTANTIVE AND PROCEDURAL PROTEC2 TIONS.— 

3 ‘‘(A) IN GENERAL.—On a determination 

4 that a child is an unaccompanied noncitizen 

5 child, the unaccompanied noncitizen child shall 

6 be afforded, for the duration of the unaccom7 panied noncitizen child’s removal proceedings, 

8 all substantive and procedural protections pro9 vided under this section and any other applica10 ble Federal law. 

11 ‘‘(B) UNACCOMPANIED NONCITIZEN CHILD

12 DETERMINATION.—No Federal agency, officer, 

13 or personnel may— 

14 ‘‘(i) reevaluate or revoke a determina15 tion that a child is an unaccompanied non16 citizen child; or 

17 ‘‘(ii) deny or impede access to any 

18 protection provided for unaccompanied 

19 noncitizen children under Federal law, in20 cluding on the basis of— 

21 ‘‘(I) the reunification of an unac22 companied noncitizen child with a 

23 parent or legal guardian; 

24 ‘‘(II) the release of an unaccom25 panied noncitizen child to a nonparent 


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1 family member in accordance with 

2 subsection (b)(3)(C)(vi); or 

3 ‘‘(III) an unaccompanied noncit4 izen child having attained 18 years of 

5 age.’’; 

6 (7) in subsection (d)(8), in the paragraph head7 ing, by striking ‘‘UNACCOMPANIED ALIEN CHIL8 DREN’’ and inserting ‘‘UNACCOMPANIED NONCITIZEN

9 CHILDREN’’; 

10 (8) by striking subsection (g); 

11 (9) by redesignating subsections (h) and (i) as 

12 subsections (g) and (h), respectively; and 

13 (10) by adding at the end the following: 

14 ‘‘(i) ACCESS TO COUNSEL, LEGAL ORIENTATION, 

15 AND CHILD ADVOCATES FOR ALL CHILDREN IN CUS16 TODY.—Each child in immigration custody, including ac17 companied noncitizen children, shall receive a legal ori18 entation presentation and have access to legal counsel and 

19 child advocates. 

20 ‘‘(j) TREATMENT OF ADULT FAMILY MEMBERS AP21 PREHENDED WITH CHILDREN.— 

22 ‘‘(1) IN GENERAL.—A parent or legal guardian 

23 or a nonparent family member who is apprehended 

24 with a child shall be placed in removal proceedings 


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1 under section 240 of the Immigration and Nation2 ality Act (8 U.S.C. 1229a). 

3 ‘‘(2) REQUIREMENT.—Such a parent or legal 

4 guardian or nonparent family member and the child 

5 concerned shall be provided an opportunity— 

6 ‘‘(A) to consult, independently and jointly, 

7 legal counsel; and 

8 ‘‘(B) to request such measures as may be 

9 necessary to ensure— 

10 ‘‘(i) full and fair consideration of their 

11 cases for relief from removal; and 

12 ‘‘(ii) the best interests of the child. 

13 ‘‘(k) REMOVAL PROCEEDINGS FOR ACCOMPANIED

14 NONCITIZEN CHILDREN.—With respect to an accom15 panied noncitizen child, the child and their parent or legal 

16 guardian may only be placed in removal proceedings under 

17 section 240 of the Immigration and Nationality Act (8 

18 U.S.C. 1229a). 

19 ‘‘(l) DEFINITIONS.—In this section: 

20 ‘‘(1) ACCOMPANIED NONCITIZEN CHILD.—The 

21 term ‘accompanied noncitizen child’ means a noncit22 izen under 18 years of age who— 

23 ‘‘(A) has no lawful immigration status in 

24 the United States; and 


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1 ‘‘(B) is apprehended while traveling with a 

2 parent, adoptive parent, or legal guardian. 

3 ‘‘(2) COMMISSIONER.—The term ‘Commis4 sioner’ means the Commissioner of U.S. Customs 

5 and Border Protection. 

6 ‘‘(3) DANGER OF ABUSE OR NEGLECT AT THE

7 HANDS OF THE PARENT, LEGAL GUARDIAN, OR NON8 PARENT FAMILY MEMBER.—The term ‘danger of 

9 abuse or neglect at the hands of the parent, legal 

10 guardian, or nonparent family member’ shall not 

11 mean migrating to or crossing the United States 

12 border. 

13 ‘‘(4) NONPARENT FAMILY MEMBER.—With re14 spect to an unaccompanied noncitizen child appre15 hended with a nonparent family member, the term 

16 ‘nonparent family member’ means an individual who 

17 is— 

18 ‘‘(A) 18 years of age or older; and 

19 ‘‘(B) a relative of such child, including a 

20 grandparent, aunt, uncle, first cousin, sibling, 

21 and fictive kin. 

22 ‘‘(5) UNACCOMPANIED NONCITIZEN CHILD.— 

23 The term ‘unaccompanied noncitizen child’ has the 

24 meaning given the term ‘unaccompanied alien child’ 


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1 in section 462(g) of the Homeland Security Act of 

2 2002 (6 U.S.C. 279(g)). 

3 ‘‘(6) UNACCOMPANIED NONCITIZEN CHILD AP4 PREHENDED WITH A NONPARENT FAMILY MEM5 BER.—The term ‘unaccompanied noncitizen child 

6 apprehended with a nonparent family member’ 

7 means an unaccompanied noncitizen child who is ap8 prehended while traveling with a nonparent family 

9 member.’’. 

10 SEC. 103. NONADVERSARIAL ASYLUM PROCESSING FOR 

11 NONCITIZEN CHILDREN. 

12 Section 208(b)(3)(C) of the Immigration and Nation13 ality Act (8 U.S.C. 1158(b)(3)(C)) is amended to read as 

14 follows: 

15 ‘‘(C) NONADVERSARIAL ASYLUM PROC16 ESSING FOR CHILDREN.—The Director of U.S. 

17 Citizenship and Immigration Services shall have 

18 jurisdiction over the asylum application of an 

19 individual who— 

20 ‘‘(i) has been classified as an unac21 companied noncitizen child (as defined in 

22 section 235 of the William Wilberforce 

23 Trafficking Victims Protection Reauthor24 ization Act of 2008 (8 U.S.C. 1232)), re25 gardless of the age or marital status of the 


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1 individual on the date on which he or she 

2 files an asylum application; 

3 ‘‘(ii) was a child apprehended with a 

4 parent, adoptive parent, or legal guardian, 

5 regardless of the age or marital status of 

6 the individual on the date on which he or 

7 she files an asylum application; or 

8 ‘‘(iii) is the parent or legal guardian 

9 of an individual described in clause (ii).’’. 

10 SEC. 104. STANDARDS FOR U.S. CUSTOMS AND BORDER 

11 PROTECTION DETENTION OF NONCITIZEN 

12 CHILDREN. 

13 (a) INITIAL PROCESSING OF NONCITIZEN CHILDREN

14 AND FAMILIES WITH NONCITIZEN CHILDREN.— 

15 (1) IN GENERAL.—The Commissioner of U.S. 

16 Customs and Border Protection (referred to in this 

17 title as the ‘‘Commissioner’’) may only detain a non18 citizen child for the purpose of initial processing. 

19 (2) TIME LIMITATION.—Under no circumstance 

20 may the Commissioner detain a family with a non21 citizen child for more than 72 hours. 

22 (b) PRIORITIZATION OF BEST INTERESTS OF THE

23 CHILD AND FAMILY UNITY.—In all decisions undertaken 

24 by the Commissioner with respect to the detention of a 

25 noncitizen child, the Commissioner shall prioritize— 


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1 (1) the best interests of the noncitizen child; 

2 and 

3 (2) in the case of a noncitizen child appre4 hended with a parent, legal guardian, or any other 

5 adult family member, family unity. 

6 SEC. 105. STANDARDS FOR U.S. CUSTOMS AND BORDER 

7 PROTECTION FACILITIES HOUSING NONCIT8 IZEN CHILDREN. 

9 (a) IN GENERAL.—A noncitizen child may not be 

10 housed in a U.S. Customs and Border Protection facility 

11 that is not in compliance with this Act or the amendments 

12 made by this Act. 

13 (b) NATIONAL STANDARDS ON TRANSPORT, ESCORT, 

14 DETENTION, AND SEARCH.— 

15 (1) REVIEW.—Not later than 180 days after 

16 the date of the enactment of this Act, the Commis17 sioner, in consultation with stakeholder organiza18 tions that serve immigrant and refugee children and 

19 families, shall conduct a review of the U.S. Customs 

20 and Border Protection standards entitled ‘‘National 

21 Standards on Transport, Escort, Detention, and 

22 Search’’ issued in October 2015, to identify nec23 essary improvements with respect to the treatment 

24 and care of noncitizen children in U.S. Customs and 

25 Border Protection custody. 


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1 (2) REVISION.—Not later than 90 days after 

2 the date on which the review required by paragraph 

3 (1) is completed, the Commissioner shall revise such 

4 standards to incorporate the improvements identified 

5 by the review. 

6 (3) COMPLIANCE.—Not later than 180 days 

7 after the revision under paragraph (2), each U.S. 

8 Customs and Border Protection facility that houses 

9 1 or more noncitizen children shall attain compliance 

10 with the revised standards. 

11 (c) FACILITY REQUIREMENTS.— 

12 (1) IN GENERAL.—The Commissioner shall en13 sure that each U.S. Customs and Border Protection 

14 facility that houses 1 or more noncitizen children is 

15 safe and sanitary and promotes an appropriate and 

16 healthy environment for children. 

17 (2) CHILDREN’S AREA.— 

18 (A) IN GENERAL.—The Commissioner 

19 shall ensure that each U.S. Customs and Bor20 der Protection facility that houses 1 or more 

21 noncitizen children includes a dedicated physical 

22 environment that is appropriate for children of 

23 all ages and stages of development (referred to 

24 in this paragraph as a ‘‘children’s area’’). 


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1 (B) ELEMENTS.—Each children’s area 

2 shall be colorful and include— 

3 (i) low, warm lights; 

4 (ii) child-sized furniture and equip5 ment, including developmentally appro6 priate books and toys that facilitate struc7 tured and unstructured play; 

8 (iii) child-friendly images and dis9 plays; 

10 (iv) a children’s bathroom; 

11 (v) a diaper-changing area and access 

12 to sanitation; 

13 (vi) nursing chairs for breastfeeding 

14 mothers; and 

15 (vii) an area in which children may sit 

16 and rest comfortably. 

17 (C) STAFFING.—Each children’s area shall 

18 be staffed by 1 or more individuals who are 

19 professionally trained and licensed to provide 

20 services to children, including licensed childcare 

21 workers, licensed pediatric health professionals, 

22 and licensed child welfare professionals. 

23 (3) MEDICAL SCREENING AND CARE.— 

24 (A) IN GENERAL.—The Commissioner 

25 shall ensure that— 


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1 (i) except as provided in subparagraph 

2 (F)(i), not later than 6 hours after the ar3 rival of a noncitizen child at a U.S. Cus4 toms and Border Protection facility, the 

5 child receives a medical screening con6 ducted by a licensed physician, advanced 

7 practice provider, nurse, or physician’s as8 sistant in accordance with this paragraph; 

9 (ii) a noncitizen child in the custody 

10 of the Commissioner shall have unre11 stricted access to appropriate medication 

12 for the management of an illness or injury 

13 of the child; 

14 (iii) in the case of such a child with 

15 a medical assistive device or other health 

16 care support item, the noncitizen child, or 

17 the parent, legal guardian, or other adult 

18 family member of the child, is permitted 

19 unrestricted access to the device or item; 

20 (iv) on release from such custody, a 

21 noncitizen child, or the parent, legal guard22 ian, or other adult family member of the 

23 child, is provided with documentation of 

24 the child’s medical screening and care, in25 cluding the need for any followup while in 


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1 such custody, in accordance with subpara2 graph (B)(viii); and 

3 (v) medication in possession of a non4 citizen child, or in the possession of the 

5 child’s parent, legal guardian, or other 

6 adult family member, on arrival shall not 

7 be destroyed or discarded before the review 

8 and determination under subparagraph 

9 (B)(vi) occur. 

10 (B) DUTIES OF MEDICAL PROFES11 SIONAL.—With respect to a medical screening 

12 required by subparagraph (A) and the care of 

13 a noncitizen child at a U.S. Customs and Bor14 der Protection facility, a licensed physician, ad15 vanced practice provider, nurse, or physician’s 

16 assistant attending the child at the facility 

17 shall— 

18 (i) assess and identify any illness, con19 dition, or physical ailment; 

20 (ii) identify any acute condition or 

21 high-risk vulnerability; 

22 (iii) ensure that appropriate health 

23 care is provided to the child as necessary, 

24 including pediatric and reproductive health 

25 care; 


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1 (iv) in the case of a child under 14 

2 years of age, conduct a physical examina3 tion of the child in the presence of a par4 ent, legal guardian, or family member; 

5 (v) in the case of a child who is 14 

6 years of age or older— 

7 (I) provide the child with the 

8 choice of— 

9 (aa) a physical examination 

10 in the presence of a parent, legal 

11 guardian, or other adult family 

12 member; or 

13 (bb) a private physical ex14 amination without the presence 

15 of a parent, legal guardian, or 

16 other adult family member; and 

17 (II) conduct such examination in 

18 accordance with the child’s preference; 

19 (vi) review any medication that is in 

20 the possession of the child on arrival to de21 termine whether the medication shall be 

22 kept by the child or the child’s parent, 

23 legal guardian, or other adult family mem24 ber, as applicable; 


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1 (vii) in the case of a medication de2 scribed in clause (vi) that may not be kept 

3 by the child or the child’s parent, legal 

4 guardian, or other adult family member for 

5 medical storage purposes, such as a medi6 cation that requires refrigeration, ensure 

7 storage with appropriate access for the 

8 child’s use while in U.S. Customs and Bor9 der Protection custody; and 

10 (viii) ensure that the medical screen11 ing and care under this paragraph, and 

12 any other medical evaluation of or inter13 vention for the child conducted while the 

14 child is in the custody of the Commis15 sioner, is documented in accordance with 

16 commonly accepted standards in the 

17 United States for medical records docu18 mentation. 

19 (C) PROCEDURES FOR MEDICAL

20 SCREENINGS.—The Commissioner shall estab21 lish procedures for medical screenings and ex22 aminations under this paragraph that are con23 sistent with— 


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1 (i) relevant guidelines set forth in the 

2 American Medical Association Code of 

3 Medical Ethics; and 

4 (ii) the recommendations of the Amer5 ican Academy of Pediatrics and the Amer6 ican College of Obstetricians and Gyne7 cologists. 

8 (D) LANGUAGE SERVICES.—The Commis9 sioner shall ensure— 

10 (i) the availability of in-person, lan11 guage-appropriate interpretation services, 

12 including indigenous languages, for each 

13 noncitizen child in the custody of the Com14 missioner during any medical screening or 

15 examination; and 

16 (ii) that noncitizen children in such 

17 custody are informed of the availability of 

18 such services. 

19 (E) LOCATION OF MEDICAL

20 SCREENINGS.—The Commissioner shall ensure 

21 that medical screenings, examinations, and any 

22 followup care under this paragraph are con23 ducted in a location that— 


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1 (i) is private and provides a com2 fortable and considerate atmosphere for 

3 children; 

4 (ii) ensures each noncitizen child’s 

5 dignity and right to privacy; and 

6 (iii) contains all necessary and appro7 priate medical equipment and supplies, in8 cluding basic over-the-counter medications 

9 appropriate for all age groups. 

10 (F) ACUTE MEDICAL CONDITIONS.— 

11 (i) IN GENERAL.—The Commissioner 

12 shall ensure that any noncitizen child ex13 hibiting symptoms of an acute medical con14 dition, or who is at risk for an acute med15 ical condition, receives immediate care 

16 from a licensed physician, advanced prac17 tice provider, nurse, or physician’s assist18 ant. 

19 (ii) TRANSFER TO LOCAL HEALTH

20 CARE FACILITY.— 

21 (I) IN GENERAL.—If appropriate 

22 medical care cannot be provided for a 

23 noncitizen child described in clause (i) 

24 at a U.S. Customs and Border Pro25 tection facility, the Commissioner 


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1 shall expeditiously transfer the child 

2 to a local medical facility. 

3 (II) ACCOMPANIMENT BY FAM4 ILY.—In the case of a noncitizen child 

5 transferred under subclause (I), 1 or 

6 more parents, legal guardians, or 

7 other adult family members, siblings, 

8 or fictive kin shall be permitted to ac9 company the child to such medical fa10 cility. 

11 (iii) ONGOING AVAILABILITY OF

12 TRANSPORTATION.—The Commissioner 

13 shall maintain— 

14 (I) appropriate transportation at 

15 each U.S. Customs and Border Pro16 tection facility that houses 1 or more 

17 noncitizen children to ensure the 

18 availability of transport to outside 

19 medical facilities in the case of a med20 ical emergency; or 

21 (II) an on-call service to provide 

22 such transportation to such a facility 

23 within 30 minutes. 

24 (G) RULE OF CONSTRUCTION.—Nothing in 

25 this paragraph shall be construed to require a 


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1 noncitizen child, parent, legal guardian, or non2 parent family member to disclose the child’s 

3 medical history. 

4 (4) SERVICES AND SUPPLIES.—The Commis5 sioner shall ensure that each U.S. Customs and Bor6 der Protection facility that houses 1 or more noncit7 izen children is in compliance with the following 

8 standards at all times: 

9 (A) TEMPERATURE.—The temperature in10 side the facility shall be maintained between 68 

11 and 73 degrees Fahrenheit. 

12 (B) VENTILATION.—The facility shall com13 ply with the most recent guidance issued by the 

14 Centers for Disease Control and Prevention 

15 with respect to ventilation in buildings to miti16 gate the spread of COVID–19. 

17 (C) FOOD AND WATER.— 

18 (i) IN GENERAL.—Food shall be pro19 vided— 

20 (I) in a manner that follows Fed21 eral food safety laws and regulations; 

22 and 

23 (II) according to the guidelines of 

24 the American Association of Pediat25 rics and the American College of ObVerDate Sep 11 2014 23:42 Jul 15, 2022 Jkt 029200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S4529.IS S4529

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1 stetricians and Gynecologists with re2 spect to nutrition, consistency, cal3 ories, and portion size, consistent with 

4 the age of each child. 

5 (ii) MEALS AND SNACKS.— 

6 (I) ARRIVAL.—On arrival at the 

7 facility, a child shall be provided with 

8 a healthy, nutritious, and culturally 

9 appropriate meal. 

10 (II) MEALS.—Meals shall— 

11 (aa) be served daily to all 

12 noncitizen children for breakfast, 

13 lunch, and dinner, of which not 

14 fewer than 2 meals daily shall be 

15 served hot; and 

16 (bb) include a variety of 

17 fresh fruit, vegetables, a protein, 

18 and grains. 

19 (III) SNACKS.—Noncitizen chil20 dren shall have unrestricted access to 

21 healthy snacks. 

22 (IV) LIMITATION ON

23 UNHEALTHFUL FOODS.—The avail24 ability of highly processed foods and 

25 sugars shall be limited. 


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1 (iii) WATER.—Each noncitizen child 

2 shall— 

3 (I) be provided with not less than 

4 1 gallon of drinking water or age-ap5 propriate fluids daily; and 

6 (II) have unrestricted access to 

7 drinking water. 

8 (iv) ACCOMMODATION.—A noncitizen 

9 child’s individual dietary needs or restric10 tions shall be accommodated. 

11 (v) SPECIAL CONSIDERATIONS FOR IN12 FANTS AND YOUNG CHILDREN.— 

13 (I) BOTTLE FEEDING.— 

14 (aa) IN GENERAL.—On ar15 rival at a facility, the parent, 

16 legal guardian, or other family 

17 member of a noncitizen child 

18 using a bottle for feeding shall be 

19 offered 2 clean baby bottles, a 

20 bottle brush, dish soap, and 

21 enough bottled water and baby 

22 formula for at least 3 bottles. 

23 (bb) ADDITIONAL SUP24 PLIES.—Additional baby formula 

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1 vided on request of the parent, 

2 legal guardian, or other family 

3 member. 

4 (II) BREASTFEEDING.—In the 

5 case of any noncitizen child who is 

6 breastfeeding at the time of arrival at 

7 the facility— 

8 (aa) continued breastfeeding 

9 shall be supported; and 

10 (bb) the breastfeeding moth11 er of each such noncitizen child 

12 shall be provided with privacy, 

13 blankets, a quiet area for 

14 breastfeeding, a nursing chair, 

15 and adequate amounts of food 

16 and water consistent with the di17 etary needs of a breastfeeding 

18 mother. 

19 (D) HYGIENE.— 

20 (i) CLOTHES AND SHOES.—Each non21 citizen child shall be provided with a set of 

22 clean clothes, and on request, a pair of 

23 shoes in good condition. 

24 (ii) SHOWERS.— 


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1 (I) IN GENERAL.—Each noncit2 izen child shall be provided access to 

3 a hot shower with a barrier for pri4 vacy. 

5 (II) ACCESS.—A noncitizen child 

6 shall be provided access to additional 

7 hot showers on request. 

8 (III) TEMPERATURE.—Hot water 

9 for a shower under this clause shall be 

10 set at a temperature consistent with 

11 the temperature required under 

12 childcare facility standards for 

13 childcare facilities licensed in the 

14 State in which the facility is located. 

15 (iii) MENSTRUATION SUPPLIES.— 

16 Each female noncitizen child shall be of17 fered immediately a supply of tampons and 

18 pads at no cost. 

19 (iv) DIAPERING.— 

20 (I) IN GENERAL.—The parent, 

21 legal guardian, or other family mem22 ber of each noncitizen child using dia23 pers shall be provided immediately 

24 with 3 size-appropriate diapers and a 

25 packet of diaper wipes. 


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1 (II) ADDITIONAL DIAPERS.—Ad2 ditional diapers and diaper wipes shall 

3 be provided on request at no cost. 

4 (III) DIAPER CHANGING AREA.— 

5 The parent, legal guardian, or other 

6 family member of each such noncit7 izen child shall be provided— 

8 (aa) access to a safe and 

9 sanitary area in which to change 

10 the child’s diaper; 

11 (bb) a clean diaper changing 

12 pad; and 

13 (cc) a handwashing station. 

14 (v) BATHROOMS.—Each noncitizen 

15 child shall be provided access to bath16 rooms. 

17 (E) SLEEP.— 

18 (i) MATS, BLANKETS, AND PIL19 LOWS.— 

20 (I) IN GENERAL.—On arrival, 

21 each noncitizen child shall be provided 

22 with a clean mat that is not less than 

23 3 inches thick, a clean cloth blanket, 

24 and a clean pillow. 


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1 (II) ADDITIONAL BLANKETS.—A 

2 noncitizen child shall be provided with 

3 additional blankets on request by the 

4 child or the parent, legal guardian, or 

5 other family member of the child. 

6 (ii) QUIET LOCATION.—On request or 

7 if there are signs of a noncitizen child feel8 ing tired, the child shall be provided with 

9 access to a quiet location in which to sleep 

10 that has dimmed lights. 

11 (iii) SCHEDULE.—Between the hours 

12 of 9:00 p.m. and 6:00 a.m.— 

13 (I) noncitizen children shall have 

14 access to lighting that is safe and con15 ducive to sleep; and 

16 (II) noise shall be at a level con17 ducive to sleep. 

18 (F) RECREATION.— 

19 (i) IN GENERAL.—Noncitizen children 

20 shall have access to age-appropriate rec21 reational activities, including indoor and 

22 outdoor spaces for physical activity, toys, 

23 art supplies, sports equipment, and books. 

24 (ii) OUTDOOR PLAY.—Noncitizen chil25 dren shall be allowed to play outside for 


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1 not less than 30 minutes every 3 hours 

2 during daylight hours. 

3 (G) RELIGIOUS PRACTICE.—Noncitizen 

4 children shall be permitted to practice their reli5 gion or to not practice a religion, as applicable. 

6 (5) NOTICE OF RIGHTS.— 

7 (A) IN GENERAL.—The Ombudsperson 

8 shall develop a notice of children’s rights, which 

9 shall be posted in each U.S. Customs and Bor10 der Protection facility that houses children in 

11 any location in which noncitizen children are lo12 cated. 

13 (B) DESCRIPTION OF RIGHTS.—The notice 

14 required by subparagraph (A) shall include— 

15 (i) a description of— 

16 (I) all rights afforded to a noncit17 izen child under section 235 of the 

18 William Wilberforce Trafficking Vic19 tims Protection Reauthorization Act 

20 of 2008 (8 U.S.C. 1232) and this Act; 

21 (II) the right to a bond redeter22 mination hearing; and 

23 (III) existing mechanisms by 

24 which children may seek to enforce 

25 their rights; and 


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1 (ii) a list of free legal services pro2 viders and contact information for such 

3 providers. 

4 (C) FORMAT AND LANGUAGES.— 

5 (i) IN GENERAL.—Such notice shall 

6 be— 

7 (I) written in a manner that is 

8 child friendly and age-appropriate; 

9 and 

10 (II) made available and posted in 

11 multiple languages, including English, 

12 Spanish, French, Hindi, Bengali, 

13 Punjabi, Swahili, Mandarin Chinese, 

14 Russian, Standard Arabic, Por15 tuguese, Haitian Creole, K’iche’, 

16 Q’eqchi’, Kaqchikel, Mam, Q’anjob’al, 

17 and Ixil. 

18 (ii) ADDITIONAL LANGUAGES.—The 

19 Ombudsperson may require such notice to 

20 be made available and posted in any addi21 tional language the Ombudsperson con22 siders necessary based on the demo23 graphics of arriving noncitizen children. 

24 (D) AVAILABILITY.—A child protection 

25 professional of the Department of Homeland 


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1 Security shall provide each noncitizen child with 

2 such notice on the child’s arrival at the U.S. 

3 Customs and Border Protection facility. 

4 (d) SEPARATION FROM UNFAMILIAR ADULTS.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), an unaccompanied noncitizen child in the 

7 custody of the Commissioner shall be physically sep8 arated from any adult who is not related to the 

9 child. 

10 (2) IMMEDIATE SEPARATION NOT FEASIBLE.— 

11 In any circumstance in which such separation is not 

12 immediately feasible, such as during transport to a 

13 U.S. Customs and Border Protection facility, an un14 accompanied noncitizen child shall not be left alone 

15 with such an adult or detained with such an adult 

16 for more than 6 hours. 

17 (e) STAFF TRAINING.— 

18 (1) IN GENERAL.—The Commissioner shall en19 sure that— 

20 (A) the staff of each U.S. Customs and 

21 Border Protection facility in which 1 or more 

22 noncitizen children are housed receives training 

23 on responding to the needs of children and fam24 ilies exposed to trauma, including training on— 


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1 (i) the principles and practices of 

2 trauma-informed care and psychological 

3 first aid; 

4 (ii) vicarious traumatization and sec5 ondary stress; and 

6 (iii) recognizing the signs of a child in 

7 medical distress; and 

8 (B) every effort is made to ensure that the 

9 safety and well-being of noncitizen children in 

10 U.S. Customs and Border Protection custody 

11 are satisfactorily provided for by facility staff. 

12 (2) RULEMAKING.— 

13 (A) IN GENERAL.—The Commissioner 

14 shall issue regulations that require Border Pa15 trol and Office of Field Operations officials to 

16 participate in regular training so as to ensure 

17 that such officials treat all individuals in their 

18 custody with dignity, prevent abuse, and ensure 

19 constitutionally guaranteed and humane condi20 tions of confinement. 

21 (B) ELEMENTS.—The regulations required 

22 by subparagraph (A) shall do the following: 

23 (i) Prohibit U.S. Customs and Border 

24 Protection officials from— 


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1 (I) discussing immigration out2 comes with detained individuals; and 

3 (II) using derogatory language 

4 towards individuals in their custody. 

5 (ii) Address matters of child develop6 ment, mental health and trauma, children 

7 with special needs, cultural competency, 

8 and any other matter the Commissioner 

9 considers appropriate. 

10 (iii) Require foreign language com11 petency and interview protocols in cases in 

12 which interpretation is required. 

13 (iv) Require continuing education in 

14 any subject necessary to ensure compliance 

15 with this Act or the amendments made by 

16 this Act. 

17 (f) MONITORING AND OVERSIGHT.— 

18 (1) IN GENERAL.—Compliance of U.S. Customs 

19 and Border Protection facilities with this Act and 

20 section 235 of the William Wilberforce Trafficking 

21 Victims Protection Reauthorization Act of 2008 (8 

22 U.S.C. 1232) shall be monitored by the 

23 Ombudsperson, in accordance with section 601. 

24 (2) POSTING OF OMBUDSPERSON’S CONTACT

25 INFORMATION.— 


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1 (A) IN GENERAL.—The Commissioner 

2 shall post, in each U.S. Customs and Border 

3 Protection facility in which 1 or more noncit4 izen children are housed, the contact informa5 tion for the Ombudsperson in multiple lan6 guages, including English, Spanish, French, 

7 Hindi, Bengali, Punjabi, Swahili, Mandarin 

8 Chinese, Russian, Standard Arabic, Portuguese, 

9 Haitian Creole, K’iche’, Q’eqchi’, Kaqchikel, 

10 Mam, Q’anjob’al, and Ixil. 

11 (B) ADDITIONAL LANGUAGES.—The 

12 Ombudsperson may require such contact infor13 mation to be posted in any additional language 

14 the Ombudsperson considers necessary based on 

15 the demographics of arriving noncitizen chil16 dren. 

17 (g) AGE ASSESSMENTS.— 

18 (1) IN GENERAL.—Any individual who claims to 

19 be under the age of 18 years shall be presumed to 

20 be so and shall be treated according to the law and 

21 standards applicable to noncitizen children in immi22 gration custody, unless following an age assessment, 

23 it is established by clear and convincing evidence 

24 that the individual is 18 years of age or older. 

25 (2) REQUIREMENTS.— 


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1 (A) IN GENERAL.—An age assessment may 

2 only be conducted if the Secretary or Secretary 

3 of Homeland Security has recent, credible, and 

4 documented evidence that the individual con5 cerned is 18 years of age or older. 

6 (B) CONSIDERATIONS.—If an age assess7 ment is conducted, the Secretary and the Sec8 retary of Homeland Security shall take into 

9 consideration, to the extent such information is 

10 readily available— 

11 (i) written or photographic evidence; 

12 (ii) statements and representations of 

13 the individual concerned and of the family 

14 and community members who know such 

15 individual; and 

16 (iii) the relevant cultural and ethnic 

17 context. 

18 (C) PROHIBITED METHODS.—The Sec19 retary or the Secretary of Homeland Security 

20 may not— 

21 (i) conduct any medical age assess22 ment that consists of imaging studies, such 

23 as bone or dental radiography, dental ex24 aminations, or height, weight, skin, or sex25 ual maturity ratings; or 


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1 (ii) rely on the physical appearance of 

2 a child to justify an age assessment. 

3 (D) LEGAL COUNSEL.— 

4 (i) IN GENERAL.—An individual with 

5 respect to whom an age assessment is con6 ducted shall be provided with legal counsel 

7 before receiving such assessment and may 

8 not be removed before receiving such coun9 sel. 

10 (ii) EVIDENCE.—Legal counsel pro11 vided under clause (i) shall be provided 

12 with all evidence upon which the Secretary 

13 or the Secretary of Homeland Security re14 lies to justify conducting an age assess15 ment or to support an age assessment de16 termination. 

17 SEC. 106. MODIFICATION OF TERM ‘‘ASYLUM OFFICER’’ TO 

18 EXCLUDE OFFICERS OF U.S. CUSTOMS AND 

19 BORDER PROTECTION. 

20 Section 235(b)(1)(E) of the Immigration and Nation21 ality Act (8 U.S.C. 1225(b)(1)(E)) is amended— 

22 (1) in clause (i), by striking ‘‘, and’’ and insert23 ing a semicolon; 

24 (2) in clause (ii), by striking the period at the 

25 end and inserting ‘‘; and’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(iii) is employed by the Refugee, 

3 Asylum, and International Operations Di4 rectorate of U.S. Citizenship and Immigra5 tion Services.’’. 

6 TITLE II—STANDARDS FOR DE7 PARTMENT OF HEALTH AND 

8 HUMAN SERVICES CUSTODY 

9 OF UNACCOMPANIED NON10 CITIZEN CHILDREN 

11 Subtitle A—Standards for Foster 

12 Care Homes and Childcare Fa13 cilities 

14 SEC. 201. OPERATION OF FOSTER CARE HOMES AND 

15 CHILDCARE FACILITIES. 

16 (a) IN GENERAL.—An entity contracted by the Direc17 tor to operate a childcare facility shall be licensed by an 

18 appropriate State agency to provide residential, group, or 

19 foster care services for dependent children. 

20 (b) OPERATION AS NONSECURE FACILITIES.—Each 

21 foster care home operated by a State-licensed program 

22 contracted by the Director to provide care for 1 or more 

23 unaccompanied noncitizen children, and each childcare fa24 cility, including any facility for special needs noncitizen 


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1 children, shall be maintained as a nonsecure facility, in 

2 accordance with applicable State law. 

3 SEC. 202. NOTICE OF RIGHTS. 

4 (a) IN GENERAL.—The Ombudsperson shall develop 

5 a notice of children’s rights in childcare facilities, which 

6 shall be— 

7 (1) posted in each childcare facility in all loca8 tions in which unaccompanied noncitizen children 

9 are located; and 

10 (2) distributed to each unaccompanied noncit11 izen child on arrival at a childcare facility. 

12 (b) DESCRIPTION OF RIGHTS.—The notice required 

13 by subsection (a) shall include— 

14 (1) a description of— 

15 (A) all rights afforded to an unaccom16 panied noncitizen child under section 235 of the 

17 William Wilberforce Trafficking Victims Protec18 tion Reauthorization Act of 2008 (8 U.S.C. 

19 1232) and this Act; 

20 (B) the right to a bond redetermination 

21 hearing; and 

22 (C) existing mechanisms by which children 

23 may seek to enforce their rights; and 

24 (2) a list of free legal services providers and 

25 contact information for such providers. 


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1 (c) FORMAT AND LANGUAGES.— 

2 (1) IN GENERAL.—Such notice shall be— 

3 (A) written in a manner that is child 

4 friendly and age-appropriate; and 

5 (B) made available and posted in multiple 

6 languages, including English, Spanish, French, 

7 Hindi, Bengali, Punjabi, Swahili, Mandarin 

8 Chinese, Russian, Standard Arabic, Portuguese, 

9 Haitian Creole, K’iche’, Q’eqchi’, Kaqchikel, 

10 Mam, Q’anjob’al, and Ixil. 

11 (2) ADDITIONAL LANGUAGES.—The 

12 Ombudsperson may require that such notice be 

13 made available and posted in any additional lan14 guage the Ombudsperson considers necessary based 

15 on the demographics of arriving noncitizen children. 

16 (d) ORIENTATION TO ROLE OF OFFICE OF THE

17 OMBUDSPERSON.—Each State-licensed program that op18 erates a childcare facility shall provide to each unaccom19 panied noncitizen child in its care— 

20 (1) information about the Office of the 

21 Ombudsperson; and 

22 (2) the contact information for the Office of the 

23 Ombudsperson. 


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1 SEC. 203. STAFFING AND TRAINING. 

2 (a) FEDERAL FIELD SPECIALISTS.—The Director 

3 shall— 

4 (1) maintain for each childcare facility a rea5 sonable Federal field specialist-to-unaccompanied 

6 noncitizen child ratio; 

7 (2) hire additional Federal field specialists as 

8 necessary to ensure that, for the majority of unac9 companied noncitizen children in the custody of the 

10 Secretary, a decision regarding their release can be 

11 made by Federal field specialists not later than 48 

12 hours after the approval of a release recommenda13 tion to a sponsor; and 

14 (3) develop and manage a plan for expeditiously 

15 placing unaccompanied noncitizen children who have 

16 no identified sponsor in the least restrictive setting 

17 that most approximates a family. 

18 (b) CASE MANAGEMENT SPECIALISTS.—The Direc19 tor shall ensure that each State-licensed program that op20 erates a childcare facility— 

21 (1) maintains a ratio of 8 unaccompanied non22 citizen children to each case management specialist; 

23 (2) provides training for case management spe24 cialists that enables the Department of Health and 

25 Human Services to meet required timelines for the 


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1 reunification of unaccompanied noncitizen children 

2 in accordance with section 231(c); and 

3 (3) develops accountability measures with re4 spect to the adherence of case management special5 ists to such timelines. 

6 (c) CONTINGENCY FUND TO ADDRESS EMERGENT

7 NEEDS.— 

8 (1) IN GENERAL.—In addition to amounts oth9 erwise available, there is appropriated to the Sec10 retary of Health and Human Services, out of any 

11 money in the Treasury not otherwise appropriated, 

12 $46,500,000, to remain available until expended, for 

13 a contingency fund (referred to in this section as the 

14 ‘‘Fund’’) for the hiring of case management special15 ists as required by an influx or any other emergent 

16 situation for the purpose of facilitating the release 

17 process and minimizing the risk that childcare facili18 ties reach full capacity. 

19 (2) USE OF FUND.— 

20 (A) DISCRETIONARY USE.—The Director 

21 may draw upon the Fund to reduce the ratio to 

22 6 unaccompanied noncitizen children for each 

23 case management specialist if— 

24 (i) the national utilization rate (ex25 cluding funded but unplaceable beds and 


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1 calculated as the number of filled beds di2 vided by the number of beds available for 

3 placement, expressed as a percentage) 

4 reaches or exceeds 65 percent in any week; 

5 or 

6 (ii) the Director certifies to Congress 

7 that the rate of increase in childcare facil8 ity usage, as calculated by the Director for 

9 purposes of section 602(b)(3)(F)(i)(VI), 

10 has led the Director to believe that such 

11 national utilization rate will reach 90 per12 cent in any week during the subsequent 

13 10-week period. 

14 (B) MANDATORY USE.—The Director shall 

15 draw upon the Fund to reduce the ratio to 6 

16 unaccompanied noncitizen children for each 

17 case management specialist if such national uti18 lization rate reaches or exceeds 90 percent in 

19 any week. 

20 (d) TRAINING.— 

21 (1) IN GENERAL.—With respect to the per22 sonnel of a State-licensed program that operates a 

23 childcare facility, the Director shall provide regular 

24 in-person training, and a coaching plan with support 

25 for 30 days, for such personnel who interact with 


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1 unaccompanied noncitizen children, including youth 

2 care workers, that is— 

3 (A) specific to the age and gender of the 

4 unaccompanied noncitizen children at the spe5 cific childcare facility; and 

6 (B) consistent across the Office of Refugee 

7 Resettlement’s network of State-licensed pro8 grams. 

9 (2) TOPICS.—The training required by para10 graph (1) shall address the following topics: 

11 (A) Ethical standards of conduct based on 

12 accepted child welfare principles with respect to 

13 the care of unaccompanied noncitizen children. 

14 (B) Mental health and trauma. 

15 (C) Child development. 

16 (D) Prevention of sexual abuse and harass17 ment. 

18 (E) Cultural humility. 

19 (F) Racial sensitivity. 

20 (G) De-escalation techniques to avert un21 necessary involvement of local law enforcement 

22 prior to exhaustion of alternative, trauma-in23 formed care, treatment, and restorative re24 sponses. 

25 (H) Disabilities. 


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1 (3) SPECIFIC TRAINING FOR STAFF WORKING

2 WITH EARLY CHILDHOOD MINORS.—The Director 

3 shall ensure that personnel who interact with unac4 companied noncitizen children who are early child5 hood minors receive specialized training relevant to 

6 the needs and capacities of such children. 

7 (4) DEVELOPMENT OF TRAINING MATERIALS.— 

8 The Director, in collaboration with stakeholders who 

9 have expertise in child migration, child mental 

10 health, and child development, shall— 

11 (A) develop written, audio, or visual mate12 rials with which training under this subsection 

13 may be conducted; and 

14 (B) before distribution to personnel of such 

15 State-licensed programs, provide the 

16 Ombudsperson with such materials. 

17 (5) DEPARTMENT OF HEALTH AND HUMAN

18 SERVICES STAFF.—Not later than 90 days after the 

19 date of the enactment of this Act, the Secretary 

20 shall provide appropriate guidance and training for 

21 all Department of Health and Human Services em22 ployees with respect to the requirements of this Act. 


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1 Subtitle B—Services for Unaccom2 panied Noncitizen Children 

3 SEC. 211. REQUIRED SERVICES. 

4 (a) PROVISION OF REQUIRED SERVICES.—A State5 licensed program that operates a childcare facility shall 

6 provide the following services for each unaccompanied 

7 noncitizen child in its care: 

8 (1) On admission to the childcare facility, a 

9 comprehensive orientation regarding— 

10 (A) the rights of the unaccompanied non11 citizen child; 

12 (B) the role of the State-licensed program; 

13 (C) the services, rules, procedures, and ex14 pectations of the State-licensed program; and 

15 (D) the availability of legal assistance. 

16 (2) Proper physical care and maintenance, in17 cluding suitable living accommodations, food, appro18 priate clothing, and personal hygiene items. 

19 (3) Not later than 2 business days after admis20 sion to the childcare facility, a comprehensive med21 ical examination that includes screening for infec22 tious disease. 

23 (4) Appropriate, ongoing, and routine medical 

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1 cian, advanced practice provider, nurse, or physician 

2 assistant, including— 

3 (A) reproductive health and family plan4 ning services; 

5 (B) emergency health care services; 

6 (C) immunizations in accordance with the 

7 Centers for Disease Control and Prevention 

8 guidelines; 

9 (D) administration of prescribed medica10 tion and special diets; and 

11 (E) mental health screening and interven12 tion, including referrals. 

13 (5) An individualized needs assessment, which 

14 shall include the following: 

15 (A) Collection of essential data relating to 

16 the identification and history of the unaccom17 panied noncitizen child and family. 

18 (B) Identification of any special needs of 

19 the unaccompanied noncitizen child, including 

20 any need that requires immediate intervention. 

21 (C) An educational assessment and plan. 

22 (D) An assessment of family relationships. 

23 (E) A statement of religious preference 

24 and practice. 


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1 (F) An assessment of the personal goals, 

2 strengths, and weaknesses of the unaccom3 panied noncitizen child. 

4 (G) Collection of identifying information 

5 regarding immediate family members, other rel6 atives, godparents, or friends who may be resid7 ing in the United States and who may be able 

8 to assist in family reunification. 

9 (6) A comprehensive individual plan for the 

10 care of the unaccompanied noncitizen child, which 

11 shall be— 

12 (A) developed in accordance with the 

13 child’s needs, as determined by the individual14 ized needs assessment under paragraph (5); 

15 and 

16 (B) implemented and closely coordinated 

17 through an operative case management system. 

18 (7) Education services, as described in section 

19 213. 

20 (8) Recreational activities, as described in sec21 tion 214. 

22 (9) Counseling services, including— 

23 (A) not fewer than 2 weekly individual 

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1 tal health professionals, including social work2 ers, psychologists, and psychiatric staff; and 

3 (B) not fewer than 1 weekly group coun4 seling session conducted by licensed mental 

5 health professionals, including social workers, 

6 psychologists, or psychiatric staff. 

7 (10) Acculturation and adaptation services, in8 cluding the provision of information regarding the 

9 development of social and interpersonal skills. 

10 (11) Religious and spiritual services of the un11 accompanied noncitizen child’s choice, if any. 

12 (12) Case management services designed to 

13 identify relatives or prospective sponsors in the 

14 United States and ensure the quick release of the 

15 unaccompanied noncitizen child from the custody of 

16 the Secretary. 

17 (13) Visitation and contact with family mem18 bers, regardless of the immigration status of the 

19 family members. An unaccompanied noncitizen child 

20 and family members of such a child shall be pro21 vided with a private, confidential space to meet in 

22 during such visitation. The Secretary of Homeland 

23 Security may not pursue enforcement actions 

24 against such family members during or immediately 

25 before or after such visitation. 


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1 (14) Telephone and video access for contacting 

2 parents, family members, and caregivers, in a pri3 vate space that ensures confidentiality, at no cost to 

4 the unaccompanied noncitizen child, family member, 

5 or caregiver. An unaccompanied noncitizen child 

6 shall be permitted such access not fewer than 4 

7 times weekly for a period of not less than 30 min8 utes each time. 

9 (15) A reasonable right to privacy, including 

10 the right of the unaccompanied noncitizen child— 

11 (A) to wear the child’s own clothes, as 

12 available; 

13 (B) to retain a private space in the 

14 childcare facility for the storage of personal be15 longings; 

16 (C) to talk privately on the telephone, as 

17 permitted by the rules and regulations of the 

18 State-licensed program; 

19 (D) to visit privately with guests, as per20 mitted by such rules and regulations; and 

21 (E) to receive and send uncensored cor22 respondence. 

23 (16) Legal services information regarding the 

24 availability of free legal assistance, the right to be 

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1 tion presentations, and facilitated, confidential ac2 cess to counsel, as described in title IV. 

3 (b) CONSIDERATIONS FOR PROVISION OF SERV4 ICES.—A State-licensed program that operates a childcare 

5 facility shall provide the services described in subsection 

6 (a) in a manner that is sensitive to the age, culture, native 

7 language, and complex needs of each unaccompanied non8 citizen child. 

9 (c) RULES AND DISCIPLINE STANDARDS.— 

10 (1) IN GENERAL.—The rules and discipline 

11 standards of such a State-licensed program shall 

12 be— 

13 (A) formulated with consideration given to 

14 the age ranges, developmental stages, and de15 gree of trauma experienced by the unaccom16 panied noncitizen children in the applicable 

17 childcare facility; and 

18 (B) culturally sensitive to the needs of 

19 such children. 

20 (2) PROHIBITED MEASURES.—Such a State-li21 censed program may not subject any unaccompanied 

22 noncitizen child to— 

23 (A) corporal punishment, physical or chem24 ical restraint, seclusion, humiliation, verbal or 

25 mental abuse, or punitive interference with the 


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1 daily functions of living, such as eating, sleep2 ing, or bathroom access; or 

3 (B) any disciplinary measure that— 

4 (i) adversely affects the health or 

5 physical or psychological well-being of the 

6 unaccompanied noncitizen child; or 

7 (ii) denies an unaccompanied noncit8 izen child regular meals, water, sleep, exer9 cise, medical care, correspondence privi10 leges, legal assistance, education, recre11 ation, bathroom access, or any other serv12 ice described in subsection (a). 

13 (d) RECORDKEEPING.— 

14 (1) INDIVIDUAL CASE RECORDS.—The operator 

15 of each childcare facility and influx facility shall de16 velop, maintain, and safeguard individual client case 

17 records on each unaccompanied noncitizen child in 

18 care at the facility. 

19 (2) CONFIDENTIALITY.—The operator of each 

20 childcare facility and influx facility shall develop and 

21 maintain a system of accountability that preserves 

22 the confidentiality of client information and protects 

23 such records from unauthorized use or disclosure in 

24 accordance with section 804. 


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1 (3) REPORTING.—The operator of each 

2 childcare facility and influx facility shall maintain 

3 adequate records and make regular reports, as re4 quired by the Ombudsperson, that permit the 

5 Ombudsperson to monitor and enforce this Act, the 

6 amendments made by this Act, and any other re7 quirement or standard determined by the 

8 Ombudsperson to be in the best interests of unac9 companied noncitizen children. 

10 SEC. 212. EVALUATION FOR DISABILITY. 

11 (a) IN GENERAL.—The Director shall provide unac12 companied noncitizen children who present an indication 

13 of a disability with an evaluation for services under section 

14 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 

15 and provide unaccompanied noncitizen children with dis16 abilities with services (including accommodations) through 

17 an individualized plan that includes a plan for prompt re18 lease. 

19 (b) RECORDS.—Any record of a screening or an eval20 uation conducted under this section, and any record re21 lated to a decision with respect to the release of an unac22 companied noncitizen child with a disability, shall be main23 tained separately from the unaccompanied noncitizen 

24 child’s immigration file (commonly known as an ‘‘A25 File’’). 


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1 SEC. 213. EDUCATION. 

2 (a) CURRICULUM.— 

3 (1) STATE STANDARDS.—A State-licensed pro4 gram shall provide educational instruction to unac5 companied noncitizen children using a curriculum 

6 that— 

7 (A) includes access to physical education, 

8 art, and other electives; and 

9 (B) is consistent with the licensing and 

10 academic standards of the State in which the 

11 State-licensed program is located. 

12 (2) BASIC ACADEMIC AREAS.—The basic aca13 demic areas covered by such curriculum shall include 

14 science, social studies, math, reading, and writing. 

15 (b) LICENSING AND CERTIFICATION REQUIRE16 MENTS.— 

17 (1) IN GENERAL.—Teachers, administrators, 

18 counselors, and support staff providing education to 

19 unaccompanied noncitizen children at a childcare fa20 cility shall— 

21 (A) meet local and State certification or li22 censure requirements; and 

23 (B) in the case of an unaccompanied non24 citizen child in custody for a period longer than 

25 60 days or who was previously attending school 


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1 in the United States, ensure that the child re2 ceives transferable credit. 

3 (c) INSTRUCTION.— 

4 (1) IN GENERAL.—Educational instruction at a 

5 childcare facility shall be— 

6 (A) appropriate to the level of development 

7 and communication skills of an unaccompanied 

8 noncitizen child; and 

9 (B) provided in a structured classroom set10 ting on a weekly basis Monday through Friday. 

11 (2) CLASS SIZE.—An unaccompanied noncitizen 

12 child may not be placed in a class in which the 

13 teacher-to-student ratio exceeds the applicable State 

14 maximum ratio. 

15 (d) LANGUAGE ACCESS AND EDUCATIONAL ENVI16 RONMENT.—The educational program at a childcare facil17 ity shall— 

18 (1) include instruction and reading materials, 

19 educational and otherwise, in the primary languages 

20 of the unaccompanied noncitizen children at the 

21 childcare facility; and 

22 (2) be provided in an emotionally, culturally, 

23 and physically safe environment. 

24 (e) INDIVIDUAL EDUCATION PROGRAM.—A State-li25 censed program that operates a childcare facility shall proVerDate Sep 11 2014 23:42 Jul 15, 2022 Jkt 029200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S4529.IS S4529

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1 vide any eligible unaccompanied noncitizen child who is 

2 a child with a disability (as defined in section 602 of the 

3 Individuals with Disabilities Education Act (20 U.S.C. 

4 1401)) with special education and related services pursu5 ant to an individualized education program that is devel6 oped for the unaccompanied noncitizen child and is con7 sistent with the requirements provided under the Individ8 uals with Disabilities Education Act (20 U.S.C. 1401 et 

9 seq.). 

10 (f) OTHER EDUCATIONAL OPPORTUNITIES.—The 

11 educational program of such a State-licensed program 

12 shall include educational opportunities addressing per13 sonal, social, emotional, intellectual, and employment 

14 skills. 

15 SEC. 214. RECREATION. 

16 (a) IN GENERAL.—A State-licensed program that op17 erates a childcare facility shall provide recreational oppor18 tunities that meet or exceed— 

19 (1) the guidelines of the Department of Health 

20 and Human Services entitled ‘‘2018 Physical Activ21 ity Guidelines for Americans’’; and 

22 (2) the guidelines of the President’s Council on 

23 Sports, Fitness, and Nutrition. 

24 (b) ACTIVITIES.— 


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1 (1) IN GENERAL.—Activities for recreation and 

2 leisure time, which shall include daily outdoor activ3 ity, weather permitting, shall include— 

4 (A) not less than 1 hour daily of large5 muscle activity; and 

6 (B) not less than 1 hour daily of struc7 tured leisure time activities, which shall not in8 clude time spent watching television or video. 

9 (2) DAYS ON WHICH SCHOOL IS NOT IN SES10 SION.—The periods scheduled for activities described 

11 in paragraph (1) shall be increased to a total of 3 

12 hours daily on any day on which school is not in ses13 sion. 

14 (3) LANGUAGE-APPROPRIATE READING MATE15 RIALS.—A State-licensed program shall provide ap16 propriate reading materials in the primary languages 

17 of unaccompanied noncitizen children for use during 

18 leisure time. 

19 Subtitle C—Placement of Children 

20 SEC. 221. PHASING OUT LARGE CONGREGATE CARE FACILI21 TIES. 

22 (a) DEFINITION OF LARGE CONGREGATE CARE FA23 CILITY.—In this section, the term ‘‘large congregate care 

24 facility’’ means a facility intended to house more than 25 

25 individuals at a time. 


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1 (b) PHASEOUT.— 

2 (1) IN GENERAL.—Beginning on the date that 

3 is 2 years after the date of the enactment of this 

4 Act— 

5 (A) the Director may not place an unac6 companied noncitizen child in a large con7 gregate care facility; and 

8 (B) no Federal funds shall be made avail9 able for the purpose of— 

10 (i) housing an unaccompanied noncit11 izen child in such a facility; or 

12 (ii) placing an unaccompanied noncit13 izen child in any congregate care facility 

14 for a period longer than 14 days. 

15 (2) EXCEPTION.—Paragraph (1) shall not 

16 apply to any of the following: 

17 (A) An influx facility. 

18 (B) A setting specializing in prenatal, 

19 postpartum, or parenting support for youth. 

20 (C) A supervised independent living setting 

21 under the post-18 program described in section 

22 243(c). 

23 (D) A program addressing the needs of 

24 victims of trafficking. 


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1 (E) A qualified residential treatment pro2 gram specifically designed to meet the needs of 

3 a child with serious emotional or behavioral 

4 health needs. 

5 (c) PLAN REQUIRED.— 

6 (1) IN GENERAL.—The Director shall develop a 

7 plan to eliminate the use of large congregate care fa8 cilities by the date that is 2 years after the date of 

9 the enactment of this Act. 

10 (2) ELEMENTS.—The plan required by para11 graph (1) shall include the following: 

12 (A) Specific measures the Director will 

13 take to eliminate the use of such facilities. 

14 (B) Performance benchmarks that require 

15 the Director to place unaccompanied noncitizen 

16 children in compliant congregate care facilities 

17 as follows: 

18 (i) 25 percent of such children not 

19 later than the date that is 1 year after the 

20 date of the enactment of this Act. 

21 (ii) 75 percent of such children not 

22 later than 545 days after such date of en23 actment. 


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1 (iii) 100 percent of such children not 

2 later than 2 years after such date of enact3 ment. 

4 (3) SUBMITTAL TO CONGRESS.—Not later than 

5 90 days after the date of the enactment of this Act, 

6 the Director shall submit to Congress the plan devel7 oped under paragraph (1). 

8 (d) TRANSITIONAL SUPPORT FOR NONGOVERN9 MENTAL ORGANIZATIONS.—To the extent that the transi10 tion to childcare facilities housing 25 unaccompanied non11 citizen children or fewer affects nongovernmental organi12 zations that provide services to such children, the Director 

13 shall increase funding to such organizations— 

14 (1) to prevent a disruption or decrease in serv15 ices; 

16 (2) to establish centralized locations for unac17 companied noncitizen children to receive services 

18 from such organizations; and 

19 (3) to increase funding for representation of re20 leased children. 

21 SEC. 222. LEAST RESTRICTIVE SETTING. 

22 An unaccompanied noncitizen child in the custody of 

23 the Secretary shall be placed in the least restrictive setting 

24 that most approximates a family and in which the child’s 


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1 special needs, if any, may be met consistent with the best 

2 interests and special needs of the child. 

3 SEC. 223. FOSTER FAMILY CARE. 

4 (a) PREFERENCE FOR FOSTER FAMILY CARE.— 

5 (1) IN GENERAL.—With respect to an unaccom6 panied noncitizen child in the custody of the Sec7 retary, the Director shall make active efforts to 

8 place the child in the least restrictive setting that 

9 most approximates a family and in which the child’s 

10 special needs, if any, may be met. 

11 (2) ADDITIONAL CONSIDERATION.—Such an 

12 unaccompanied noncitizen child shall be placed with13 in reasonable proximity to the location of the child’s 

14 immigration proceedings, taking into account any 

15 special needs of the child before placing the child in 

16 a childcare facility. 

17 (b) TRANSITIONAL FOSTER CARE.— 

18 (1) IN GENERAL.—An unaccompanied noncit19 izen child whose length of care in the custody of the 

20 Secretary is anticipated to be not more than 30 days 

21 shall be eligible for a transitional foster care place22 ment in a family home licensed to provide such 

23 shorter term care. 


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1 (2) PRIORITY.—The Director shall prioritize for 

2 placement in transitional foster care the following 

3 categories of unaccompanied noncitizen children: 

4 (A) Unaccompanied noncitizen children 

5 under 13 years of age. 

6 (B) Sibling groups with 1 or more siblings 

7 who are under 13 years of age. 

8 (C) Unaccompanied noncitizen children 

9 who are pregnant or parenting. 

10 (D) Unaccompanied noncitizen children 

11 with special needs, including any unaccom12 panied noncitizen child with a disability. 

13 (c) STAYS EXPECTED TO EXTEND MORE THAN 30 

14 DAYS.— 

15 (1) IN GENERAL.—An unaccompanied noncit16 izen child whose length of care in the custody of the 

17 Secretary is anticipated to be more than 30 days, or 

18 a noncitizen who entered the custody of the Sec19 retary as a child and who has reached the age of 18 

20 years, shall be eligible for a long-term foster care 

21 placement in the least restrictive setting that most 

22 approximates a family and in which the child’s best 

23 interests and any special needs may be met. 

24 (2) CONTRACTING REQUIREMENTS.—The Di25 rector shall— 


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1 (A) seek to enter into 1 or more contracts 

2 with State-licensed foster care providers for the 

3 provision of long-term foster care placements 

4 for all eligible unaccompanied noncitizen chil5 dren; and 

6 (B) ensure that such providers accept un7 accompanied noncitizen children for placement 

8 in a timely manner. 

9 (d) ACCESS TO FOSTER CARE FOR CHILDREN WITH

10 DISABILITIES OR MENTAL OR BEHAVIORAL HEALTH11 RELATED NEEDS.— 

12 (1) IN GENERAL.—The Director shall— 

13 (A) ensure access to transitional and long14 term foster care placements for unaccompanied 

15 noncitizen children notwithstanding— 

16 (i) disabilities; 

17 (ii) behavioral concerns or involvement 

18 in the juvenile justice system; 

19 (iii) prior incident reports; or 

20 (iv) prior or current restrictive place21 ments (as defined in section 226); and 

22 (B) seek to enter into 1 or more contracts 

23 with foster care providers that have the docu24 mented capacity and commitment to accept 


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1 children regardless of disabilities or mental or 

2 behavioral health-related needs. 

3 (2) EQUAL ACCESS.— 

4 (A) IN GENERAL.—An unaccompanied 

5 noncitizen child with mental or behavioral 

6 health-related needs who does not pose a docu7 mented, imminent threat to himself or herself, 

8 to others, or to the community shall be eligible 

9 for, and shall be provided equal access to, a fos10 ter care placement. 

11 (B) ELIGIBILITY FOR TRANSFER.—If such 

12 a child is in a restrictive placement, he or she 

13 shall be eligible for direct transfer to a foster 

14 care placement. 

15 (3) LIMITATION ON REFUSAL OF PLACE16 MENT.—A State-licensed program that operates a 

17 childcare facility may not refuse placement of an un18 accompanied noncitizen child based on a disability or 

19 a mental or behavioral health-related need absent in20 dividualized documentation that— 

21 (A) State licensing requirements bar ac22 ceptance of the specific unaccompanied noncit23 izen child based on the child’s individual needs; 

24 and 


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1 (B) a request for a variance from such a 

2 requirement has been denied or is unavailable 

3 under State law. 

4 (e) BACKGROUND CHECKS.— 

5 (1) IN GENERAL.—The Director shall ensure 

6 that a Federal Bureau of Investigation background 

7 check and, in any applicable State, a child abuse or 

8 neglect registry check, has been conducted for each 

9 resident of a foster care placement for an unaccom10 panied noncitizen child. 

11 (2) LIMITATION ON DENIAL OF PLACEMENT.— 

12 A criminal history of a resident of a potential foster 

13 care placement shall not be the basis for a denial of 

14 the foster care placement for an unaccompanied 

15 noncitizen child unless the Director demonstrates 

16 that such history— 

17 (A) includes a conviction for child abuse or 

18 trafficking; or 

19 (B)(i) is less than 10 years old; and 

20 (ii) has a direct and immediate impact on 

21 the safety of the unaccompanied noncitizen 

22 child. 


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1 SEC. 224. ADDITIONAL REQUIREMENTS RELATING TO CHIL2 DREN WITH DISABILITIES AND CHILDREN 

3 WITH MENTAL HEALTH NEEDS. 

4 (a) PRIORITIZATION OF RELEASE.—The Director 

5 shall prioritize the release to sponsors of unaccompanied 

6 noncitizen children with disabilities so that such children 

7 may receive, in the community rather than in immigration 

8 custody, evidence-based, trauma-informed services tailored 

9 to their needs. 

10 (b) ACCESS TO SERVICES WHILE IN CUSTODY.—In 

11 the case of an unaccompanied noncitizen child with dis12 abilities who cannot be expeditiously released, the Director 

13 shall provide access to any necessary service in the least 

14 restrictive integrated setting possible until a family-based 

15 placement is secured. 

16 (c) SUPPORT.—The Director shall support unaccom17 panied noncitizen children with disabilities by— 

18 (1) contracting with a range of placements so 

19 as to ensure that integrated settings are available 

20 for such children; 

21 (2) providing resources to support placement, 

22 such as by connecting providers with community23 based services or assisting with licensing variances; 

24 and 

25 (3) developing and delivering trauma-informed 

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1 vider staff, in collaboration with stakeholders who 

2 have expertise in serving children with disabilities. 

3 (d) NETWORK CAPACITY.—Not less than 75 percent 

4 of all childcare facilities and foster care placements shall 

5 have appropriate State licensing and documented capa6 bility to house unaccompanied noncitizen children with 

7 disabilities. 

8 SEC. 225. MINIMIZING TRANSFERS. 

9 (a) IN GENERAL.—The Director shall— 

10 (1) minimize transfer of unaccompanied noncit11 izen children among childcare facilities and between 

12 short-term and long-term foster care placements; 

13 and 

14 (2) ensure that— 

15 (A) the Ombudsperson tracks any third or 

16 subsequent transfer of a child between childcare 

17 facilities or placements; 

18 (B) unaccompanied noncitizen children re19 main in the least restrictive settings that most 

20 approximate a family; and 

21 (C) unaccompanied noncitizen children who 

22 are siblings are housed together in the same 

23 childcare facility unless there is an extraor24 dinary need for specialized care, such as inpa25 tient health care services. 


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1 (b) NOTICE.— 

2 (1) IN GENERAL.—In the case of an unaccom3 panied noncitizen child who is transferred to another 

4 childcare facility or foster family home placement, 

5 not less than 48 hours before the transfer occurs, 

6 the Director shall— 

7 (A) notify the child in a language and for8 mat the child understands; and 

9 (B) notify and provide a justification for 

10 the transfer to the child’s sponsor, legal counsel 

11 or local legal services provider, and child advo12 cate, as applicable. 

13 (2) EXCEPTION.— 

14 (A) IN GENERAL.—Paragraph (1) shall not 

15 apply in an unusual and compelling cir16 cumstance, such as— 

17 (i) a circumstance in which— 

18 (I) the safety of the unaccom19 panied noncitizen child or any other 

20 individual is threatened; or 

21 (II) the child has previously at22 tempted to abscond from custody; or 

23 (ii) a case in which the unaccom24 panied noncitizen child’s legal counsel has 

25 waived notice under that paragraph. 


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1 (B) NOTICE AFTER TRANSFER.—In the 

2 case of a circumstance or waiver described in 

3 subparagraph (A), notice shall be provided to 

4 the unaccompanied noncitizen child’s legal 

5 counsel or local legal services provider, and 

6 child advocate, as applicable, not later than 24 

7 hours after the transfer. 

8 (c) POSSESSIONS AND LEGAL PAPERS.—The Direc9 tor shall ensure that any unaccompanied noncitizen child 

10 is transferred with all of his or her possessions and legal 

11 papers. 

12 SEC. 226. RESTRICTIVE PLACEMENTS. 

13 (a) DEFINITIONS.—In this section: 

14 (1) RESTRICTIVE PLACEMENT.—The term ‘‘re15 strictive placement’’ means— 

16 (A) a staff-secure facility; 

17 (B) a therapeutic staff-secure facility; and 

18 (C) a placement in any setting other than 

19 a childcare facility, an influx facility, or licensed 

20 foster care placement. 

21 (2) THERAPEUTIC CHILDCARE FACILITY.—The 

22 term ‘‘therapeutic childcare facility’’ means a— 

23 (A) congregate care facility for the purpose 

24 of rehabilitation or residential treatment; and 


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1 (B) an out-of-network facility or group 

2 home the staff of which has specialized training 

3 to care for children and adolescents with signifi4 cant emotional, behavioral, social, or medical 

5 needs. 

6 (b) PLACEMENT REVIEW HEARINGS FOR TRANSFERS

7 TO RESTRICTIVE PLACEMENTS.— 

8 (1) IN GENERAL.—In the case of transfer of an 

9 unaccompanied noncitizen child to a restrictive 

10 placement, the Director shall provide an administra11 tive placement review hearing conducted in accord12 ance with sections 554 through 557 of title 5, 

13 United States Code. 

14 (2) NOTICE.— 

15 (A) IN GENERAL.—Except as provided in 

16 subparagraph (B), the Director shall provide 

17 written notice of intent to transfer an unaccom18 panied noncitizen child to a restrictive place19 ment to the child concerned and the child’s 

20 legal counsel and child advocate. 

21 (B) EXCEPTION.—The Director may 

22 transfer an unaccompanied noncitizen child to a 

23 restrictive placement without providing notice 

24 under subparagraph (A) only if the Director 

25 has a reasonable belief, based on clearly 


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1 articulable facts, that the child is a present, im2 minent danger to himself or herself or to oth3 ers. 

4 (C) ELEMENTS.—A notice required by 

5 subparagraph (A) shall include, in a language 

6 and format the unaccompanied noncitizen child 

7 understands, the following: 

8 (i) The time, date, and location of the 

9 hearing under paragraph (1). 

10 (ii) A description of the individualized 

11 allegations relied on by the Director in 

12 support of such transfer, including all sup13 porting evidence. 

14 (iii) An explanation that the unaccom15 panied noncitizen child— 

16 (I) has a right to contest such 

17 transfer at such hearing; and 

18 (II) may submit additional evi19 dence, including witness testimony. 

20 (3) TIMING OF HEARING.—A hearing under 

21 this subsection shall occur not less than— 

22 (A) 72 hours after the unaccompanied 

23 noncitizen child concerned receives notice under 

24 paragraph (2); and 


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1 (B) 5 business days before the transfer to 

2 the restrictive placement is scheduled to occur. 

3 (4) PROCEDURAL MATTERS.— 

4 (A) NEUTRAL FACT FINDER.—A hearing 

5 under this subsection shall be presided over by 

6 a neutral fact finder who— 

7 (i) is not an employee of the Office of 

8 Refugee Resettlement; and 

9 (ii) has expertise in child welfare. 

10 (B) RIGHTS OF CHILD.— 

11 (i) IN GENERAL.—At a hearing under 

12 this subsection, an unaccompanied noncit13 izen child shall have— 

14 (I) the right to counsel; and 

15 (II) the right and opportunity to 

16 confront, inspect, and rebut the evi17 dence alleged to justify the transfer to 

18 a restrictive placement. 

19 (ii) WAIVER OF PRESENCE.—With the 

20 assistance of counsel, an unaccompanied 

21 noncitizen child may waive his or her pres22 ence at a hearing under this subsection. 

23 (C) AVAILABILITY OF OFFICE OF REFUGEE

24 RESETTLEMENT RECORDS.—The Director shall 

25 disclose to the unaccompanied noncitizen child 


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1 concerned and the legal counsel and child advo2 cate of the child, as applicable, the child’s entire 

3 case file and all evidence supporting the deter4 mination to transfer the child to a restrictive 

5 placement— 

6 (i) not later than 24 hours after such 

7 determination is made; and 

8 (ii) not less than 2 days before the 

9 date of the hearing under this subsection. 

10 (D) INTERPRETATION SERVICES.—An in11 terpreter in the preferred language of the unac12 companied noncitizen child shall be made avail13 able for a hearing under this subsection. 

14 (E) BURDENS OF PRODUCTION AND

15 PROOF.—The Director shall have the burden of 

16 production and the burden of proof, by clear 

17 and convincing evidence, to establish that— 

18 (i) the unaccompanied noncitizen child 

19 is a present danger to himself or herself or 

20 to others; 

21 (ii) a restrictive placement is con22 sistent with the best interests of the child; 

23 (iii) there is no viable alternative to a 

24 restrictive placement to ensure the best in25 terests of the child; and 


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1 (iv) the child’s placement in a facility 

2 that is not a restrictive placement would 

3 not provide the services or resources nec4 essary. 

5 (F) RECORD OF PROCEEDINGS.—The 

6 record of proceedings for a hearing under this 

7 subsection, and all related documentation— 

8 (i) shall be maintained separately and 

9 apart from the unaccompanied noncitizen 

10 child’s immigration file (commonly called 

11 the ‘‘A-File’’); and 

12 (ii) shall not form any part of, and 

13 shall not be relied upon, in any removal 

14 proceedings or any adjudication carried out 

15 by U.S. Citizenship and Immigration Serv16 ices, including with respect to final deci17 sions and discretionary factors. 

18 (5) WRITTEN DECISION.— 

19 (A) IN GENERAL.—Not later than 2 busi20 ness days before the date on which the unac21 companied noncitizen child concerned is sched22 uled to be transferred to a restrictive place23 ment, the fact finder shall issue a written deci24 sion approving or denying such transfer, which 


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1 shall be binding on the Office of Refugee Reset2 tlement. 

3 (B) CONSIDERATION OF BEST INTEREST

4 RECOMMENDATION.—In making a decision on 

5 such a transfer, the fact finder shall consider, 

6 and respond in writing to, the recommendation 

7 of the child advocate of the unaccompanied non8 citizen child concerned. 

9 (C) ELEMENTS.—A written decision under 

10 this paragraph shall— 

11 (i) set forth a detailed, specific, and 

12 individualized justification for the decision; 

13 and 

14 (ii) notify the unaccompanied noncit15 izen child of the child’s— 

16 (I) right to placement review 

17 hearings under subsection (e); 

18 (II) right to seek review of the 

19 decision by the Ombudsperson under 

20 paragraph (6); and 

21 (III) right to seek judicial review 

22 of the decision. 

23 (D) LANGUAGE ACCESS.—The decision 

24 shall be made available in a language and in a 


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1 format the unaccompanied noncitizen child un2 derstands. 

3 (E) SUBMISSION TO OMBUDSPERSON.— 

4 Not later than 72 hours after a decision in a 

5 placement review hearing is issued under this 

6 paragraph, the fact finder shall submit the deci7 sion to the Ombudsperson. 

8 (6) REVIEW BY OMBUDSPERSON.— 

9 (A) IN GENERAL.—On request by an unac10 companied noncitizen child or the legal counsel 

11 or child advocate of the child, the 

12 Ombudsperson shall carry out a review of a de13 cision under paragraph (5), which shall be com14 pleted not later than 15 days after the date on 

15 which the request for review is made. 

16 (B) RECOMMENDATION.— 

17 (i) IN GENERAL.—In carrying out a 

18 review under this paragraph, the 

19 Ombudsperson may make a recommenda20 tion with respect to whether such decision 

21 should be modified. 

22 (ii) FINDING OF ERRONEOUS DECI23 SION.— 

24 (I) IN GENERAL.—If the 

25 Ombudsperson determines that the 


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1 decision under paragraph (5) was er2 roneous, the Ombudsperson shall sub3 mit to the Director a recommendation 

4 for further action. 

5 (II) WRITTEN STATEMENT.— 

6 (aa) IN GENERAL.—If the 

7 Director declines to follow the 

8 recommendation of the 

9 Ombudsperson, the Director shall 

10 provide a detailed written jus11 tification to the child, the pro12 spective sponsor, the legal coun13 sel and the child advocate of the 

14 child, and the legal counsel of the 

15 prospective sponsor, as applica16 ble. 

17 (bb) NONDELEGATION.— 

18 The Director may not delegate 

19 the requirement to issue such a 

20 written statement to any other 

21 individual. 

22 (c) LIMITATIONS ON PLACEMENT IN SECURE FACILI23 TIES AND STAFF-SECURE FACILITIES.— 

24 (1) IN GENERAL.—The Director may not place 

25 an unaccompanied noncitizen child in a staff-secure 


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1 facility based solely on a risk of self-harm or behav2 ior related to the child’s trauma or mental health 

3 that could be addressed in a less restrictive setting 

4 with additional accommodations or rehabilitative 

5 care. 

6 (2) SECURE FACILITIES.—The Director may 

7 never hold or place an unaccompanied noncitizen 

8 child in a secure facility. 

9 (3) STAFF-SECURE FACILITIES.— 

10 (A) IN GENERAL.—The Director may only 

11 hold or place an unaccompanied noncitizen child 

12 in a staff-secure facility if— 

13 (i) there is clear and convincing evi14 dence that the child poses a serious and 

15 imminent danger to others at the time of 

16 placement; 

17 (ii) upon holistic review of the child’s 

18 file, there is clear and convincing evidence 

19 that the assessed danger does not stem 

20 from the child’s trauma or mental health 

21 conditions; and 

22 (iii) even with additional accommoda23 tions and de-escalation measures, the child 

24 cannot be adequately cared for in a less re25 strictive setting or rehabilitative care. 


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1 (B) DURATION.—The Director may only 

2 hold an unaccompanied noncitizen child in a 

3 staff-secure facility under subparagraph (A) 

4 during the period in which the Director can 

5 demonstrate that the conditions described in 

6 that subparagraph exist. 

7 (C) TRANSFER.—The Director shall con8 sider transfer of the child to a less restrictive 

9 placement as soon as these requirements are no 

10 longer met, even if the child has been in the 

11 placement for less than 30 days. 

12 (4) PROHIBITION ON PLACEMENT IN U.S. IMMI13 GRATION AND CUSTOMS ENFORCEMENT FACILI14 TIES.—The Director may not place any accompanied 

15 noncitizen child or unaccompanied noncitizen child 

16 in— 

17 (A) a U.S. Immigration and Customs En18 forcement facility; or 

19 (B) a facility operated by contract with 

20 U.S. Immigration and Customs Enforcement. 

21 (d) PLACEMENT IN THERAPEUTIC CHILDCARE FA22 CILITIES.— 

23 (1) LIMITATION.—The Director may place an 

24 unaccompanied noncitizen child in a therapeutic 

25 childcare secure facility only if— 


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1 (A) the unaccompanied noncitizen child 

2 has received a detailed, individualized evalua3 tion by a licensed psychologist or psychiatrist 

4 who is experienced in the care of children; and 

5 (B) the mental health professional con6 ducting the evaluation under subparagraph (A) 

7 has determined that— 

8 (i) the child poses a substantial risk 

9 of harm to himself or herself or to others; 

10 (ii) such placement is in the best in11 terests of the child; and 

12 (iii) even with additional accommoda13 tions or rehabilitative care, at the time of 

14 placement, the child cannot be adequately 

15 cared for in a less restrictive setting until 

16 the child receives services provided in such 

17 a placement. 

18 (2) PREFERENCE FOR COMMUNITY-BASED

19 THERAPEUTIC FOSTER CARE.—Before placing an 

20 unaccompanied noncitizen child in a therapeutic 

21 childcare facility, the Director shall first seek to 

22 place the child in a family-based therapeutic foster 

23 care placement. 

24 (3) APPLICABILITY OF OTHER PROVISIONS.— 

25 The procedures relating to transfers, notice, and 


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1 placement review hearings under this title apply 

2 equally to unaccompanied noncitizen children placed 

3 in residential treatment centers and other thera4 peutic childcare facilities. 

5 (4) SERVICES TO BE PROVIDED.— 

6 (A) EVALUATION.— 

7 (i) IN GENERAL.—An unaccompanied 

8 noncitizen child placed in a therapeutic 

9 childcare facility shall be evaluated by a li10 censed psychologist or psychiatrist who is 

11 experienced in the care of children. 

12 (ii) REPORT.—The mental health pro13 fessional conducting the evaluation under 

14 clause (i) for an unaccompanied noncitizen 

15 child shall— 

16 (I) issue a written report that 

17 sets forth— 

18 (aa) the reasons for such 

19 placement; 

20 (bb) treatment goals; and 

21 (cc) a plan specific to the 

22 child for transition to a less re23 strictive setting; and 


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1 (II) make such report available 

2 to the unaccompanied noncitizen child 

3 and the child advocate of the child. 

4 (B) ACCESS TO COUNSEL.—The operator 

5 of a residential treatment center or any other 

6 therapeutic childcare facility for unaccompanied 

7 noncitizen children shall provide access to— 

8 (i) legal services; and 

9 (ii) existing legal counsel and child 

10 advocates of such children, as applicable. 

11 (e) MONTHLY REVIEW HEARING.— 

12 (1) IN GENERAL.—Not less frequently than 

13 monthly, each unaccompanied noncitizen child in a 

14 restrictive placement shall be afforded a placement 

15 review hearing to determine whether continued 

16 placement in the restrictive placement is appro17 priate. 

18 (2) CONDUCT OF HEARINGS.—A hearing under 

19 this subsection shall be conducted in accordance 

20 with the procedures and standards for placement re21 view hearings under subsection (b). 

22 (3) REPORT BY MENTAL HEALTH PROVIDER.— 

23 With respect to an unaccompanied noncitizen child 

24 who is in a therapeutic childcare facility not later 

25 than 5 days before a hearing under this subsection, 


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1 a licensed psychologist or psychiatrist who is experi2 enced in the care of children shall submit to the fact 

3 finder a detailed report on the mental health needs 

4 of the unaccompanied noncitizen child concerned. 

5 (4) WRITTEN DECISION.— 

6 (A) IN GENERAL.—The fact finder shall 

7 issue a written decision continuing or termi8 nating the restrictive placement of the unac9 companied noncitizen child concerned, which 

10 shall be binding on the Office of Refugee Reset11 tlement. 

12 (B) CONSIDERATION OF BEST INTEREST

13 RECOMMENDATION.—In making a decision on 

14 such placement, the fact finder shall consider— 

15 (i) the best interest recommendation 

16 of the child advocate with respect to the 

17 unaccompanied noncitizen child concerned; 

18 and 

19 (ii) the findings contained in the re20 port submitted under paragraph (3). 

21 (C) ELEMENTS.—A written decision under 

22 this paragraph shall— 

23 (i) set forth a detailed, specific, and 

24 individualized justification for the decision; 

25 and 


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1 (ii) notify the unaccompanied noncit2 izen child of— 

3 (I) the right to further placement 

4 review hearings under this subsection; 

5 and 

6 (II) the right to seek judicial re7 view of the decision. 

8 (D) LANGUAGE ACCESS.—The decision 

9 shall be made available in a language and in a 

10 format the unaccompanied noncitizen child un11 derstands. 

12 (5) RECORD OF PROCEEDINGS.—The record of 

13 proceedings for a hearing under this subsection, and 

14 all related documentation— 

15 (A) shall be maintained separately and 

16 apart from the unaccompanied noncitizen 

17 child’s immigration file (commonly called the 

18 ‘‘A-File’’); and 

19 (B) shall not form any part of, and shall 

20 not be relied upon, in any removal proceedings 

21 or any adjudication carried out by U.S. Citizen22 ship and Immigration Services, including with 

23 respect to final decisions and discretionary fac24 tors. 


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1 (f) PLACEMENT OF UNACCOMPANIED NONCITIZEN

2 CHILDREN WITH DISABILITIES IN RESTRICTIVE PLACE3 MENTS.— 

4 (1) IN GENERAL.—An unaccompanied noncit5 izen child who is receiving services under section 504 

6 of the Rehabilitation Act of 1973 (29 U.S.C. 794) 

7 shall not be placed in a facility that does not have 

8 access to such services. 

9 (2) NEEDS DETERMINATION.— 

10 (A) IN GENERAL.—Before placing such an 

11 unaccompanied noncitizen child in a restrictive 

12 setting, the Director shall make a determination 

13 as to whether the needs of the child can be met 

14 in a more integrated setting. 

15 (B) ELEMENTS.—A determination under 

16 subparagraph (A) shall include— 

17 (i) an identification of the relevant 

18 trauma-informed, evidence-based services 

19 and accommodations that have been identi20 fied as potentially relevant; 

21 (ii) a description of any such service 

22 or accommodation that has been provided 

23 and the period of time in which the service 

24 or accommodation has been provided; 


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1 (iii) if any such service or accommo2 dation has been ineffective, an assessment 

3 of the reason; and 

4 (iv) an assessment of whether addi5 tional services or accommodations could be 

6 provided at the child’s current placement. 

7 (3) SERVICES AVAILABLE IN A LESS RESTRIC8 TIVE PLACEMENT.— 

9 (A) IN GENERAL.—If services are identi10 fied that have the potential to maintain such an 

11 unaccompanied noncitizen child in a less re12 strictive placement, the Director shall ensure 

13 that the child receives such services before the 

14 Director considers a transfer to a restrictive 

15 placement. 

16 (B) IDENTIFICATION OF SERVICES AND

17 ACCOMMODATIONS.— 

18 (i) IN GENERAL.—For each such un19 accompanied noncitizen child, at each 

20 placement review hearing under subsection 

21 (e), the Director shall explicitly identify 

22 services and accommodations that could be 

23 made available in a less restrictive place24 ment. 


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1 (ii) JUSTIFICATION.—A recommenda2 tion by the Director against placing such 

3 an unaccompanied noncitizen child in a 

4 less restrictive placement shall be sup5 ported by specific documentation as to the 

6 reasons that, even with such accommoda7 tions, the child cannot be safely placed in 

8 a less restrictive placement. 

9 (4) INDEPENDENT REVIEW.— 

10 (A) IN GENERAL.—In the case of such an 

11 unaccompanied noncitizen child whom the Di12 rector intends to transfer to a restrictive place13 ment, before the child’s placement review hear14 ing, the decision to so transfer shall be reviewed 

15 by an independent third-party licensed psychol16 ogist or psychiatrist who is experienced in the 

17 care of children in accordance with a standard18 ized process for evaluating the data and pre19 sented rationale, including a consideration of 

20 accommodations that could avoid the need for 

21 restrictive placement. 

22 (B) CONTINUED RESTRICTIVE PLACE23 MENT.—In the case of such an unaccompanied 

24 noncitizen child in a restrictive placement whom 

25 the Director does not intend to transfer to a 


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1 less restrictive placement, before the child’s 

2 next placement review hearing, the decision 

3 shall be reviewed by an independent third-party 

4 licensed psychologist or psychiatrist who is ex5 perienced in the care of children, in accordance 

6 with a standardized process for evaluating the 

7 data and presented rationale, including a con8 sideration of accommodations that could avoid 

9 the need for restrictive placement. 

10 (C) REPORT.—Not later than 45 days 

11 after conducting a review under this paragraph, 

12 the independent third-party mental health pro13 fessional shall issue a written report describing 

14 the results of the review to the fact finder, the 

15 child concerned, the legal counsel and child ad16 vocate of such child, and the Director. 

17 SEC. 227. JUDICIAL REVIEW OF PLACEMENT. 

18 (a) IN GENERAL.—An unaccompanied noncitizen 

19 child or the parent, legal guardian, or prospective sponsor 

20 of such a child may seek judicial review in a district court 

21 of the United States of— 

22 (1) a determination with respect to the type of 

23 childcare facility in which the child is placed; or 

24 (2) a sponsorship determination. 


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1 (b) VENUE.—Venue for judicial review under sub2 section (a) may be found in— 

3 (1) the district in which the original childcare 

4 facility in which the unaccompanied noncitizen child 

5 concerned was placed is located; or 

6 (2) the district in which the childcare facility to 

7 which the unaccompanied noncitizen child was trans8 ferred is located. 

9 (c) LIMITED REVIEW.—Review under this section 

10 shall be limited to entering an order solely affecting the 

11 individual claims of the unaccompanied noncitizen child or 

12 the parent, legal guardian, or prospective sponsor seeking 

13 such review. 

14 (d) AGENCY EXERCISE OF DISCRETION REVIEWED

15 DE NOVO.—The exercise of discretion by the Secretary 

16 or the Secretary of Homeland Security in making a place17 ment decision reviewed under this section shall be reviewed 

18 de novo. 

19 (e) BOND REDETERMINATION.—An unaccompanied 

20 noncitizen child in removal proceedings shall be afforded 

21 a bond redetermination hearing before an immigration 

22 judge in every case, unless the child indicates on the notice 

23 of custody determination form that he or she waives the 

24 right to such a hearing. 


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1 Subtitle D—Family Reunification 

2 and Standards Relating to Spon3 sors 

4 SEC. 231. FAMILY REUNIFICATION EFFORTS BY OFFICE OF 

5 REFUGEE RESETTLEMENT. 

6 (a) IN GENERAL.—During the period in which an un7 accompanied noncitizen child is in the custody of the Sec8 retary, the Director shall— 

9 (1) provide individualized, onsite case manage10 ment and family reunification services; 

11 (2) ensure that— 

12 (A) a case manager contacts the child not 

13 later than 48 hours after the child is trans14 ferred to the custody of the Secretary; and 

15 (B) in the case of case manager reassign16 ment, the case manager reassigned to the child 

17 contacts the child not later than 24 hours after 

18 such reassignment; 

19 (3) make and document prompt, active, and 

20 continuous efforts towards family reunification and 

21 release; and 

22 (4) work diligently— 

23 (A) to review family reunification applica24 tions from prospective sponsors; and 


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1 (B) to assist prospective sponsors in com2 pleting such applications and complying with 

3 sponsor requirements. 

4 (b) PREFERENCE FOR RELEASE.—The Director may 

5 release an unaccompanied noncitizen child from the cus6 tody of the Secretary to a sponsor who is, in the order 

7 of preference, any of the following: 

8 (1) A parent. 

9 (2) A legal guardian. 

10 (3) An adult relative. 

11 (4) An adult individual, or an entity, designated 

12 by the parent or legal guardian of the unaccom13 panied noncitizen child as capable and willing to 

14 care for the child’s well-being, which designation is 

15 supported by— 

16 (A) a declaration signed by the parent or 

17 legal guardian under penalty of perjury before 

18 an immigration or consular officer; or 

19 (B) such other document that makes such 

20 a designation and establishes the affiant’s par21 entage or guardianship. 

22 (5) A licensed program willing to accept legal 

23 custody of the child. 

24 (6) An adult individual or entity seeking cus25 tody of the child. 


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1 (c) TIMELINES FOR REUNIFICATION.—The Director 

2 shall use the information collected under, and data re3 quirements described in, section 602(b)— 

4 (1) to determine the characteristics that exert 

5 significant effect on the reunification of unaccom6 panied noncitizen children with a sponsor; 

7 (2) to establish categories of children who ex8 hibit such characteristics, which categories shall dis9 tinguish between— 

10 (A)(i) children released to parents or legal 

11 guardians; and 

12 (ii) children released to other sponsors; 

13 and 

14 (B)(i) children who have home studies 

15 mandated by section 235 of the Trafficking Vic16 tims Protection Reauthorization Act of 2008 (8 

17 U.S.C. 1232); 

18 (ii) children granted home studies through 

19 the discretion of the Director; and 

20 (iii) other children; 

21 (3) to establish timelines for reunification ap22 propriate to each such category of children; 

23 (4) to monitor ongoing reunification efforts for 

24 compliance with such timelines; and 


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1 (5) to identify systematic barriers to release for 

2 children in such categories. 

3 (d) SYSTEMATIC BARRIERS TO RELEASE.—The Di4 rector shall eliminate any administrative hindrance identi5 fied as a systemic barrier to release under subsection 

6 (c)(4). 

7 (e) EXPEDITED REUNIFICATION OF EARLY CHILD8 HOOD MINORS.—The Director shall develop procedures to 

9 facilitate the expedited reunification of unaccompanied 

10 noncitizen children who are early childhood minors with 

11 family members seeking to serve as sponsors. 

12 (f) LIMITATION ON REMOTE SERVICES.—Case man13 agement and family reunification services may only be pro14 vided remotely for unaccompanied noncitizen children 

15 housed in an influx facility or a childcare facility activated 

16 for use during an influx. 

17 (g) RECORDKEEPING.—The Director shall maintain 

18 a written record of the efforts made by the Office of Ref19 ugee Resettlement to reunify and release each unaccom20 panied noncitizen child in the custody of the Secretary. 

21 SEC. 232. STANDARDS RELATING TO SPONSORS. 

22 (a) PROCEDURES AND PROTECTIONS.— 

23 (1) IN GENERAL.—The Director shall not im24 pose sponsor requirements (including application 

25 deadlines and requests for information or docuVerDate Sep 11 2014 01:50 Jul 20, 2022 Jkt 029200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S4529.IS S4529

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1 mentation about prospective sponsors, the household 

2 members of prospective sponsors, or other individ3 uals) that do not have a substantial and direct im4 pact on child safety. 

5 (2) NONDISCRIMINATION.—In reviewing an ap6 plication for sponsorship, the Director may not rely 

7 on the national origin, immigration status, language, 

8 religion, sexual orientation, sex (including gender 

9 identity or gender expression), color, or race of the 

10 child concerned or of the prospective sponsor to 

11 delay or deny the application. 

12 (3) PROHIBITION ON CERTAIN REASONS FOR

13 SPONSORSHIP DENIAL.—A prospective sponsor may 

14 not be denied sponsorship solely due to— 

15 (A) poverty, use of public assistance, lack 

16 of employment or health insurance, or past or 

17 current health conditions that do not have a 

18 substantial and direct impact on child safety; 

19 (B) absence of a pre-existing relationship 

20 with the unaccompanied noncitizen child con21 cerned; or 

22 (C) immigration status. 

23 (4) LEGAL RIGHTS OF PROSPECTIVE SPON24 SORS.— 


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1 (A) IN GENERAL.—In making decisions 

2 about the sponsorship of an unaccompanied 

3 noncitizen child, the Director shall— 

4 (i) take into consideration the legal 

5 rights of any parent, legal guardian, or 

6 family member who is seeking sponsorship 

7 of the child; and 

8 (ii) ensure that Office of Refugee Re9 settlement processes for ensuring the 

10 child’s safe release do not interfere with 

11 such rights. 

12 (B) PARENTS.—A parent shall not be de13 nied reunification with their child absent a de14 termination supported by clear and convincing 

15 evidence that custody of the child by the parent 

16 is likely to result in serious emotional or phys17 ical damage to the child. 

18 (5) ASSESSMENT REQUIRED.— 

19 (A) IN GENERAL.—The Director may only 

20 release an unaccompanied noncitizen child to an 

21 individual or a licensed program for whom a 

22 prospective sponsor assessment has been com23 pleted, consistent with the requirements of sec24 tion 235(c)(3) of the William Wilberforce TrafVerDate Sep 11 2014 23:42 Jul 15, 2022 Jkt 029200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S4529.IS S4529

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1 ficking Victims Protection Reauthorization Act 

2 of 2008 (8 U.S.C. 1232(c)(3)). 

3 (B) ELEMENTS.—A sponsor assessment 

4 shall include— 

5 (i) a completed family reunification 

6 application; and 

7 (ii) consideration of the wishes and 

8 concerns of the unaccompanied noncitizen 

9 child concerned. 

10 (C) OPPORTUNITY TO ADDRESS CON11 CERNS.—A prospective sponsor shall be af12 forded the opportunity to address any concern 

13 raised during the sponsor assessment process 

14 before the prospective sponsor’s application is 

15 denied. 

16 (D) BACKGROUND CHECKS.— 

17 (i) IN GENERAL.—Fingerprint-based 

18 checks of national crime information data19 bases (as defined in section 534(f)(3) of 

20 title 28, United States Code) may be re21 quested for prospective sponsors if a public 

22 records check of the sponsor reveals safety 

23 concerns or there is a documented risk to 

24 the safety of the child. 


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1 (ii) LIMITATION.—The criminal his2 tory of the prospective sponsor, or a house3 hold member of the prospective sponsor, 

4 shall not be a basis for denial of sponsor5 ship unless the Director demonstrates that 

6 such history includes a conviction for child 

7 abuse or trafficking, or is less than 10 

8 years old and would have a direct and im9 mediate impact on the safety of the unac10 companied noncitizen child concerned. 

11 (6) SAFEGUARDS.— 

12 (A) IN GENERAL.—The Director shall im13 plement safeguards to prevent any information 

14 obtained in the course of the sponsor assess15 ment process from being used for any purpose 

16 other than assessing the sponsor’s fitness to 

17 care for an unaccompanied noncitizen child. 

18 (B) APPLICABILITY.—Such safeguards 

19 shall apply regardless of the outcome of the 

20 prospective sponsor’s application. 

21 (7) ANNUAL EVALUATION.— 

22 (A) IN GENERAL.—Not less frequently 

23 than annually, the Director shall conduct an 

24 evaluation of Office of Refugee Resettlement 

25 policies and practices to determine whether 


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1 such policies and practices create unnecessary 

2 barriers to release or result in delays in unac3 companied noncitizen children’s prompt release 

4 to sponsors. 

5 (B) SUBMISSION TO OMBUDSPERSON.— 

6 The Director shall submit each evaluation con7 ducted under subparagraph (A) to the 

8 Ombudsperson. 

9 (b) SPONSORSHIP DETERMINATION.— 

10 (1) IN GENERAL.—Not later than 7 days after 

11 the date on which the Director receives a family re12 unification application from a prospective sponsor, 

13 the Director shall make a determination with respect 

14 to whether the unaccompanied noncitizen child con15 cerned may be placed with the sponsor. 

16 (2) CONSIDERATION OF EFFECT OF DENIAL.— 

17 In making a determination under paragraph (1), the 

18 Director shall take into consideration the effect a de19 nial of the application, and continued immigration 

20 custody for the unaccompanied noncitizen child con21 cerned, would have on— 

22 (A) the health and well-being of the child; 

23 and 

24 (B) in the case of a prospective sponsor 

25 who is a parent, legal guardian, or a family 


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1 member of the child, the right of the parent, 

2 legal guardian, or family member to the care 

3 and custody of the child. 

4 (3) SPONSORSHIP HEARING.— 

5 (A) IN GENERAL.—The Director shall pro6 vide an opportunity for an administrative hear7 ing, conducted in accordance with sections 554 

8 through 557 of title 5, United States Code, in 

9 the case of— 

10 (i) a determination that a prospective 

11 sponsor is not fit to receive the unaccom12 panied noncitizen child concerned; or 

13 (ii) failure by the Director to make a 

14 determination on a family reunification ap15 plication within the timeframe set forth in 

16 paragraph (1). 

17 (B) NOTICE.— 

18 (i) IN GENERAL.—Not later than 24 

19 hours after a determination or failure de20 scribed in subparagraph (A), the Director 

21 shall provide notice of such a hearing to— 

22 (I) the unaccompanied noncitizen 

23 child; 

24 (II) the legal counsel and the 

25 child advocate of such child; 


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1 (III) the prospective sponsor; and 

2 (IV) the legal counsel of such 

3 prospective sponsor. 

4 (ii) ELEMENTS.—The notice required 

5 under clause (i) shall include, in a lan6 guage the unaccompanied noncitizen child 

7 and the prospective sponsor understand, 

8 the following: 

9 (I) The time, date, and location 

10 of the hearing. 

11 (II) Notice with respect to the 

12 availability of transportation to the 

13 hearing for the child and the prospec14 tive sponsor under subparagraph 

15 (E)(i). 

16 (III) In the case of a determina17 tion that the prospective sponsor is 

18 unfit— 

19 (aa) the justification for 

20 such determination; and 

21 (bb) a description of any 

22 supporting evidence and informa23 tion. 


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1 (IV) In the case of a failure to 

2 make a timely determination, a jus3 tification for such failure. 

4 (V) Notification that the unac5 companied noncitizen child and pro6 spective sponsor may submit addi7 tional evidence, including witness tes8 timony, in support of the family re9 unification application at or before the 

10 hearing. 

11 (C) LIMITATION ON OFFICE OF REFUGEE

12 RESETTLEMENT EVIDENCE.—In a hearing 

13 under this paragraph, the Director may only 

14 submit evidence and information that is de15 scribed on the notice provided under subpara16 graph (B). 

17 (D) TIMING OF HEARING.— 

18 (i) IN GENERAL.—Except as provided 

19 in clause (ii), a hearing under this para20 graph shall occur not less than 7 days and 

21 not more than 14 days after the date on 

22 which notice under subparagraph (B) is 

23 provided. 

24 (ii) REQUEST FOR ADDITIONAL

25 TIME.—Such a hearing may occur on a 


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1 date that is more than 14 days after the 

2 date such notice is provided if the prospec3 tive sponsor requests additional time. 

4 (E) PRESENCE AT HEARING.— 

5 (i) TRANSPORTATION.—On request by 

6 the unaccompanied noncitizen child or the 

7 prospective sponsor, the Director shall fa8 cilitate the transportation of the child and 

9 the prospective sponsor to a centralized lo10 cation for the hearing. 

11 (ii) WAIVER OF CHILD’S PRESENCE.— 

12 With the assistance of counsel, an unac13 companied noncitizen child may waive the 

14 child’s presence at a hearing under this 

15 paragraph. 

16 (iii) VIRTUAL HEARING.—An unac17 companied noncitizen child may request a 

18 virtual hearing under this paragraph and 

19 waive the right to an in-person hearing. 

20 (F) PROCEDURAL MATTERS.— 

21 (i) NEUTRAL FACT FINDER.—A hear22 ing under this paragraph shall be presided 

23 over by a neutral fact finder who— 

24 (I) is not an employee of the Of25 fice of Refugee Resettlement; and 


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1 (II) has expertise in child wel2 fare. 

3 (ii) CHILD AND SPONSOR RIGHTS.—At 

4 a hearing under this paragraph, an unac5 companied noncitizen child and the child’s 

6 prospective sponsor shall have— 

7 (I) the right to counsel; and 

8 (II) the right and opportunity to 

9 confront, inspect, and rebut the evi10 dence alleged to justify a determina11 tion by the Director that the prospec12 tive sponsor is unfit. 

13 (iii) INTERPRETATION SERVICES.—An 

14 interpreter in the preferred language of the 

15 unaccompanied noncitizen child and the 

16 prospective sponsor shall be made available 

17 for a hearing under this paragraph. 

18 (iv) BURDENS OF PRODUCTION AND

19 PROOF.—The Director shall have the bur20 den of production and the burden of proof, 

21 by clear and convincing evidence, to estab22 lish that— 

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1 ous emotional or physical damage to 

2 the child; and 

3 (II) continued Office of Refugee 

4 Resettlement custody is the least re5 strictive setting that is in the best in6 terests of the child. 

7 (v) RECORD OF PROCEEDINGS.—The 

8 record of proceedings for a hearing under 

9 this paragraph, and all related documenta10 tion— 

11 (I) shall be maintained separately 

12 and apart from the unaccompanied 

13 noncitizen child’s immigration file 

14 (commonly called the ‘‘A-File’’); and 

15 (II) shall not form any part of, 

16 and shall not be relied upon, in any 

17 removal proceedings or any adjudica18 tion carried out by U.S. Citizenship 

19 and Immigration Services, including 

20 with respect to final decisions and dis21 cretionary factors. 

22 (G) WRITTEN DECISION.— 

23 (i) IN GENERAL.—Not later than 2 

24 business days after the date of a hearing 


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1 under this paragraph, the fact finder 

2 shall— 

3 (I) issue a written decision order4 ing the release of the unaccompanied 

5 noncitizen child to the prospective 

6 sponsor or denying such release, 

7 which shall be binding on the Office of 

8 Refugee Resettlement; and 

9 (II) provide the written decision 

10 to— 

11 (aa) the child and the pro12 spective sponsor; and 

13 (bb) the legal counsel and 

14 the child advocate of the child 

15 and the legal counsel of the pro16 spective sponsor, as applicable. 

17 (ii) DENIALS.—In the case of a denial 

18 of release to the prospective sponsor, the 

19 decision shall— 

20 (I) set forth detailed, specific, 

21 and individualized reasoning for such 

22 denial; and 

23 (II) notify the child and prospec24 tive sponsor of their right to seek re25 view of the decision by the 


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1 Ombudsperson under subparagraph 

2 (H). 

3 (iii) LANGUAGE ACCESS.—The deci4 sion shall be made available in a language 

5 and in a format the unaccompanied noncit6 izen child and the prospective sponsor un7 derstand. 

8 (H) REVIEW BY OMBUDSPERSON.— 

9 (i) IN GENERAL.—On request by an 

10 unaccompanied noncitizen child, the legal 

11 counsel or prospective sponsor of such 

12 child, or the legal counsel of such prospec13 tive sponsor, the Ombudsperson shall carry 

14 out a review of a decision under subpara15 graph (G), which shall be completed not 

16 later than 15 days after the date on which 

17 the request for review is made. 

18 (ii) RECOMMENDATION.— 

19 (I) IN GENERAL.—In carrying 

20 out a review under this subparagraph, 

21 the Ombudsperson may make a rec22 ommendation on the placement or 

23 sponsorship of the unaccompanied 

24 noncitizen child concerned. 


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1 (II) FINDING OF ERRONEOUS DE2 CISION.— 

3 (aa) IN GENERAL.—If the 

4 Ombudsperson determines that 

5 the decision under subparagraph 

6 (G) was erroneous, the 

7 Ombudsperson shall submit to 

8 the Director a recommendation 

9 for further action. 

10 (bb) WRITTEN STATE11 MENT.— 

12 (AA) IN GENERAL.—If 

13 the Director declines to fol14 low the recommendation of 

15 the Ombudsperson, the Di16 rector shall provide a de17 tailed written justification to 

18 the child, the prospective 

19 sponsor, the legal counsel 

20 and the child advocate of the 

21 child, and the legal counsel 

22 of the prospective sponsor, 

23 as applicable. 

24 (BB) NONDELEGA25 TION.—The Director may 


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1 not delegate the requirement 

2 to issue such a written 

3 statement to any other indi4 vidual. 

5 (I) JUDICIAL REVIEW.—An unaccompanied 

6 noncitizen child or a prospective sponsor may 

7 obtain judicial review of a decision under sub8 paragraph (G) in a district court of the United 

9 States. 

10 (J) CONTINUED EFFORTS BY OFFICE OF

11 REFUGEE RESETTLEMENT.—During the pend12 ency of a hearing under this paragraph, and 

13 any review of a decision resulting from such a 

14 hearing under subparagraph (H) or (I), the Di15 rector shall continue to seek alternative pro16 spective sponsors for the unaccompanied noncit17 izen child concerned. 

18 SEC. 233. SPECIAL CONSIDERATIONS RELATING TO RE19 LEASE OF CHILDREN WITH DISABILITIES. 

20 (a) IN GENERAL.—The Director may not delay the 

21 release of an unaccompanied noncitizen child based solely 

22 on a pending evaluation for services under section 504 of 

23 the Rehabilitation Act of 1973 (29 U.S.C. 794). 

24 (b) SUPPORTING EVIDENCE REQUIRED FOR DETER25 MINATION NOT TO RELEASE.—A determination by the 


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1 Director not to release an unaccompanied noncitizen child 

2 receiving services under such section based on a prospec3 tive sponsor’s inability to meet the needs of the child shall 

4 be supported by evidence of efforts by the Director to edu5 cate, and provide concrete resources and support to, the 

6 prospective sponsor through the provision of post-release 

7 services. 

8 (c) RELEASE TO PARENTS.—The Director may not 

9 deny the reunification of an unaccompanied noncitizen 

10 child receiving services under such section with his or her 

11 parent absent a determination supported by clear and con12 vincing evidence that— 

13 (1) custody of the child by the parent is likely 

14 to result in serious emotional or physical damage to 

15 the child; and 

16 (2) continued Office of Refugee Resettlement 

17 custody is the least restrictive setting that is in the 

18 best interests of the child. 

19 (d) REVIEW.— 

20 (1) IN GENERAL.—With respect to a determina21 tion by the Director not to release an unaccom22 panied noncitizen child receiving services under such 

23 section based on an assessment that the child is a 

24 danger to himself or herself or to others, a review 

25 of such determination shall be carried out by an 


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1 independent third-party licensed psychologist or psy2 chiatrist who is experienced in the care of children 

3 before the date on which the sponsorship hearing 

4 under section 232(b)(3) occurs. 

5 (2) PROCEDURE.—A review under paragraph 

6 (1) shall— 

7 (A) be carried out using a standardized 

8 method for evaluating the data and shall in9 clude the rationale for denying release; and 

10 (B) consider the availability of assistive 

11 services or technology that could be provided to 

12 the unaccompanied noncitizen child concerned if 

13 he or she were released. 

14 (3) AVAILABILITY.—Such a review shall be 

15 made in writing and made available to the unaccom16 panied noncitizen child and the child’s legal counsel 

17 before the date on which a sponsorship hearing 

18 under section 232(b)(3) occurs. 

19 (e) OFFICE OF REFUGEE RESETTLEMENT SUPPORT

20 FOR SPONSORS.—With respect to children with disabilities 

21 released from the custody of the Secretary, the Director 

22 shall support and assist sponsors in accessing and coordi23 nating post-release community-based services and support 

24 or technology, to the extent such services and support are 

25 available. 


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1 (f) ALTERNATIVE PLACEMENT.—If a sponsor is not 

2 identified for an unaccompanied noncitizen child who re3 ceives services under section 504 of the Rehabilitation Act 

4 of 1973 (29 U.S.C. 794), the Director shall make every 

5 effort to place the child in therapeutic foster care, foster 

6 care, or the Unaccompanied Refugee Minor program. 

7 Subtitle E—Release 

8 SEC. 241. PROCEDURES FOR RELEASE. 

9 (a) IN GENERAL.—The Secretary shall release an un10 accompanied noncitizen child from the custody of the Sec11 retary— 

12 (1) without unnecessary delay; and 

13 (2) as quickly as may be safely accomplished. 

14 (b) PROVISION OF RECORDS ON RELEASE.—On re15 lease from the custody of the Secretary, including in cir16 cumstances of repatriation, the Director shall provide un17 accompanied noncitizen children and their sponsors, as ap18 plicable, the unaccompanied noncitizen child’s complete 

19 Office of Refugee Resettlement case file and records, in20 cluding— 

21 (1) documentation that details the child’s med22 ical and educational status, progress, and any re23 lated evaluations; 

24 (2) information relating to any special needs of 

25 the child; and 


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1 (3) any other information relevant to promoting 

2 the child’s well-being after release. 

3 (c) PRESCRIPTION MEDICATION.—The Director shall 

4 ensure that unaccompanied noncitizen children prescribed 

5 medication are released with not less than a 60-day supply 

6 of their medication and information from a physician re7 garding continuing or discontinuing the medication. 

8 (d) TRANSPORTATION.—Expenses incurred in trans9 porting unaccompanied noncitizen children and their spon10 sors for the purpose of the release of the child shall be 

11 paid by the Office of Refugee Resettlement. 

12 (e) PROHIBITION ON SECRETARY TAKING CHILD

13 BACK INTO CUSTODY.— 

14 (1) IN GENERAL.—After the release of an unac15 companied noncitizen child from the custody of the 

16 Secretary to a sponsor, the Secretary may not take 

17 the child back into custody. 

18 (2) REPORTING TO STATE CHILD WELFARE

19 AGENCY.—With respect to a child released from 

20 such custody, if the Director becomes aware of a 

21 concern related to suspected abuse or neglect in a 

22 sponsor’s care, the Director may report such con23 cerns to the applicable State child welfare agency. 

24 SEC. 242. POST-RELEASE SERVICES. 

25 (a) REQUIRED IN LIMITED CIRCUMSTANCES.— 


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1 (1) IN GENERAL.—The Director may not uni2 formly require post-release services to be in place be3 fore releasing an unaccompanied noncitizen child to 

4 a sponsor. 

5 (2) CASE MANAGEMENT SPECIALIST DETER6 MINATION.—The Director may only require post-re7 lease services to be in place before releasing an un8 accompanied noncitizen child to a sponsor if, after 

9 conducting an individualized assessment of the par10 ticular needs of the child, the case management spe11 cialist makes a determination that the child would 

12 be at risk of imminent physical or emotional harm 

13 if post-release services were not in place before such 

14 release. 

15 (b) EXPANSION.—The Director shall provide post-re16 lease services to unaccompanied noncitizen children, in17 cluding by— 

18 (1) providing active assistance with school en19 rollment; 

20 (2) supporting sponsors in obtaining necessary 

21 medical records, including vaccination and medica22 tion records, from the period during which the unac23 companied noncitizen children were in the custody of 

24 the Secretary; 


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1 (3) ensuring access to family reunification and 

2 medical support services, including support and 

3 trauma-informed counseling for the family and men4 tal health counseling, through direct provision of 

5 such services or through partnerships and referrals 

6 to services in the community; and 

7 (4) ensuring that sponsors of children with spe8 cial medical needs receive Office of Refugee Resettle9 ment support in accessing appropriate medical care. 

10 SEC. 243. INDIVIDUALS ATTAINING 18 YEARS OF AGE. 

11 (a) PRESUMPTION OF RELEASE ON RECOG12 NIZANCE.— 

13 (1) IN GENERAL.—If an individual in the cus14 tody of the Secretary is not released to a sponsor be15 fore the individual attains the age of 18 years, there 

16 shall be a presumption that the individual shall be 

17 released on an order of recognizance. 

18 (2) REBUTTAL.—The Secretary of Homeland 

19 Security shall bear the burden of proof, by clear and 

20 convincing evidence, in overcoming the presumption 

21 under paragraph (1) and in demonstrating that such 

22 an individual is not eligible to be released on an 

23 order of recognizance. 

24 (3) ALTERNATIVES TO DETENTION.— 


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1 (A) IN GENERAL.—In the case of an indi2 vidual aging out of the custody of the Secretary 

3 who is not eligible to be released on an order 

4 of recognizance, the individual shall be eligible 

5 to participate in noncustodial alternatives to de6 tention programs provided by the Department 

7 of Health and Human Services, including place8 ment with an individual, an organizational 

9 sponsor, or a supervised group home with sup10 portive services to facilitate access to edu11 cational and occupational opportunities. 

12 (B) PLACEMENT PREFERENCES.—The cat13 egories of placements available to an individual 

14 described in subparagraph (A) shall be the fol15 lowing, in order of preference: 

16 (i) The least restrictive family-based 

17 setting, including long-term foster care. 

18 (ii) An independent living program. 

19 (iii) A childcare facility that meets the 

20 particular needs of the individual. 

21 (4) CONTINUATION OF SERVICES.—The Direc22 tor shall ensure that an individual released on an 

23 order of recognizance under this subsection is pro24 vided with— 


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1 (A) continued access to counseling, case 

2 management, legal counsel, and other support 

3 services during the pendency of the individual’s 

4 immigration proceedings; and 

5 (B) information on applying for special im6 migrant juvenile status under section 

7 101(a)(27)(J) of the Immigration and Nation8 ality Act (8 U.S.C. 1101(a)(27)(J)), and re9 sources to assist the individual with applying 

10 for such status. 

11 (b) POST-18 PLAN FOR INDIVIDUALS AGING OUT OF

12 CUSTODY.— 

13 (1) IN GENERAL.—The Director shall develop a 

14 post-18 plan for each unaccompanied noncitizen 

15 child entering Office of Refugee Resettlement cus16 tody who— 

17 (A) is over the age of 17 years and 6 

18 months; or 

19 (B) is not likely to be released to a sponsor 

20 before attaining 18 years of age. 

21 (2) ELEMENTS.—Each plan under paragraph 

22 (1) shall include the following: 

23 (A) An investigation into organizational 

24 sponsors and social support services. 


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1 (B) Coordination with the Secretary of 

2 Homeland Security to ensure the release of the 

3 unaccompanied noncitizen child on his or her 

4 own recognizance if release to an organizational 

5 or individual sponsor is not successful. 

6 (c) POST-18 PROGRAM.—With respect to an indi7 vidual in the custody of the Secretary who attains 18 years 

8 of age before reunification, placement with a sponsor, or 

9 adjudication with respect to immigration status, the Di10 rector may extend Office of Refugee Resettlement custody 

11 for a period ending not later than the date on which the 

12 individual attains 21 years of age, if the individual— 

13 (1)(A) has not been reunified but has a family 

14 member available for reunification; 

15 (B) has an identified sponsor; 

16 (C) has been admitted to long-term foster care 

17 or a residential treatment center; or 

18 (D) otherwise does not have reunification op19 tions but has not yet been adjudicated with respect 

20 to immigration status by a local court in the applica21 ble jurisdiction; and 

22 (2) solely at his or her discretion, without coer23 cion and on the recommendation of his or her case 

24 manager, elects to remain in Office of Refugee ReVerDate Sep 11 2014 23:42 Jul 15, 2022 Jkt 029200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\S4529.IS S4529

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1 settlement custody in the post-18 program until the 

2 date on which, as applicable— 

3 (A) the screening process for reunification 

4 is completed and the individual is reunified with 

5 a family member or placed with a sponsor; or 

6 (B) the individual is adjudicated with re7 spect to immigration status in a local court in 

8 the applicable jurisdiction, receives relief from 

9 removal, and enters an applicable program for 

10 unaccompanied refugee minors. 

11 (d) CONSIDERATION RELATING TO U.S. IMMIGRA12 TION AND CUSTOMS ENFORCEMENT CUSTODY.—In con13 sidering a sponsorship application for an unaccompanied 

14 noncitizen child who may attain 18 years of age in the 

15 custody of the Secretary, the Director shall consider the 

16 potential for, and impact of, trauma and the risk to the 

17 safety and well-being of the child if the child were to be 

18 transferred to the custody of U.S. Immigration and Cus19 toms Enforcement on attaining such age. 

20 (e) PROHIBITION ON DETENTION AND REMOVAL.— 

21 An individual who was in the custody of the Secretary as 

22 an unaccompanied noncitizen child shall not be appre23 hended, arrested, transferred, or taken into the custody 

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1 moved from the United States, based solely on having at2 tained 18 years of age. 

3 (f) CONTINUED ACCESS TO DUE PROCESS, LEGAL

4 RELIEF, AND HOUSING.—An individual who entered the 

5 United States as a child shall not lose the opportunity for 

6 due process and potential legal relief, or access to commu7 nity-based housing, based solely on having attained the 

8 age of 18 years. 

9 SEC. 244. CUSTODY REVIEW BY OMBUDSPERSON. 

10 (a) IN GENERAL.—If an unaccompanied noncitizen 

11 child, the legal counsel or prospective sponsor of such 

12 child, or the legal counsel of such prospective sponsor has 

13 reasonable cause to believe that the child should have been 

14 released, the child, the prospective sponsor, or such legal 

15 counsel may request an investigation by the 

16 Ombudsperson. 

17 (b) NOTIFICATION OF LENGTHY CUSTODY.—In the 

18 case of any unaccompanied noncitizen child who remains 

19 in the custody of the Secretary for 45 days or more, the 

20 Director shall— 

21 (1) notify the Ombudsperson of such continued 

22 custody; and 

23 (2) provide the Ombudsperson a complete copy 

24 of the Office of Refugee Resettlement case file and 

25 a detailed explanation for such continued custody. 


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1 TITLE III—EMERGENCIES AND 

2 INFLUXES 

3 SEC. 301. SENSE OF CONGRESS. 

4 It is the sense of Congress that before opening or ex5 panding an influx facility, the Secretary and the Director 

6 should explore all other avenues for placing an unaccom7 panied noncitizen child in the least restrictive, State-li8 censed setting that most approximates a family and in 

9 which the special needs of the child, if any, may be met 

10 consistent with the best interests and special needs of the 

11 child. 

12 SEC. 302. DEFINITIONS. 

13 In this title: 

14 (1) EMERGENCY.—The term ‘‘emergency’’ 

15 means an event of limited duration, such as a nat16 ural disaster, facility fire, civil disturbance, or med17 ical concern. 

18 (2) OPERATIONAL CAPACITY.—The term ‘‘oper19 ational capacity’’ means the net bed capacity of Of20 fice of Refugee Resettlement facilities and other 

21 housing operated by State-licensed programs for un22 accompanied noncitizen children. 

23 SEC. 303. PLACEMENT. 

24 (a) IN GENERAL.—In the event of an emergency or 

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1 panied noncitizen children in childcare facilities, the Direc2 tor— 

3 (1) shall make every effort— 

4 (A) to place arriving unaccompanied non5 citizen children in other State-licensed pro6 grams; and 

7 (B) to release unaccompanied noncitizen 

8 children from other programs as expeditiously 

9 as possible; and 

10 (2) may not house an unaccompanied noncitizen 

11 child in an influx facility or any other emergency or 

12 temporary facility for more than 20 days. 

13 (b) TRANSFER TO LICENSED FACILITY.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), in the case of an unaccompanied noncit16 izen child for whom release to a sponsor within 20 

17 days of placement in an influx facility is not pos18 sible, the Director shall transfer the child to a 

19 childcare facility. 

20 (2) EXCEPTION.—The Director may not trans21 fer a child under paragraph (1) if the transfer would 

22 prolong the child’s total length of custody by more 

23 than 24 hours. 


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1 (c) LIMITATION ON TRANSFER TO INFLUX FACIL2 ITY.—The Director may not transfer to an influx facility 

3 any unaccompanied noncitizen child— 

4 (1) for whom— 

5 (A) the influx facility would be the first 

6 shelter placement for the child on arrival in the 

7 United States; 

8 (B) a prospective sponsor has not been 

9 identified; or 

10 (C) such transfer would delay release by 

11 more than 24 hours; or 

12 (2) who— 

13 (A) has been identified by the Director 

14 as— 

15 (i) having a prospective sponsor who 

16 is not a parent, a legal guardian, or an im17 mediate relative; or 

18 (ii) not having any identified prospec19 tive sponsor; 

20 (B) is younger than 16 years of age; 

21 (C) is part of a sibling group in the cus22 tody of the Secretary of which 1 or more sib23 lings are younger than 16 years of age; 

24 (D) speaks a language other than English 

25 or Spanish as his or her primary language; 


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1 (E) has special needs; 

2 (F) is currently prescribed psychotropic 

3 medication; 

4 (G) is pregnant or parenting; 

5 (H) will attain 18 years of age on a date 

6 that is not more than 30 days after the pro7 posed date of transfer to the influx facility; 

8 (I) is scheduled to be released on a date 

9 that is not more than 3 days after the proposed 

10 date of the transfer; 

11 (J) has a pending home study; 

12 (K) has not received a legal orientation 

13 presentation or a legal screening; 

14 (L) has a date scheduled for a hearing be15 fore an immigration court or a State court, in16 cluding family and juvenile court; 

17 (M) has a pending application for relief 

18 from removal; 

19 (N) has legal counsel; or 

20 (O) has a child advocate. 

21 (d) FAMILY GROUPS.—The Director shall ensure 

22 that— 

23 (1) unaccompanied noncitizen children with sib24 lings or other relatives under the age of 18 in the 


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1 custody of the Secretary are not separated from 

2 each other; and 

3 (2) such family groups have unlimited visitation 

4 with each other in influx facilities. 

5 SEC. 304. PLANNING FOR EMERGENCIES AND INFLUXES. 

6 (a) PLAN REQUIRED.—Not later than 180 days after 

7 the date of the enactment of this Act, the Director shall 

8 develop a plan for— 

9 (1) maintaining and expanding emergency ca10 pacity in licensed foster care homes and small con11 gregate care facilities for housing unaccompanied 

12 noncitizen children so as to eliminate the need for 

13 influx facilities; and 

14 (2) in the case of an emergency or influx, plac15 ing unaccompanied noncitizen children with sponsors 

16 as expeditiously as possible. 

17 (b) SUPPLEMENTAL PLACEMENT LIST.— 

18 (1) IN GENERAL.—The Director shall develop 

19 and maintain a supplemental placement list of facili20 ties that have, in the aggregate, not fewer than 200 

21 beds available to accept unaccompanied noncitizen 

22 children in the case of an emergency or influx, which 

23 shall be in addition to the number of beds available 

24 for placements under normal circumstances. 


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1 (2) LICENSING AND COMPLIANCE.—Any facility 

2 on the supplemental placement list shall be— 

3 (A) licensed in the State in which it is lo4 cated; and 

5 (B) in compliance with all standards and 

6 procedures applicable to State-licensed pro7 grams under this Act. 

8 (3) ELEMENTS.—The supplemental placement 

9 list shall include, for each facility, the following: 

10 (A) The name of the facility. 

11 (B) The number of beds available in the 

12 facility in the case of an emergency or influx. 

13 (C) The name and telephone number of 1 

14 or more contact persons, including a contact 

15 person for nights, holidays, and weekends. 

16 (D) Any limitation on categories of child 

17 the facility may accept, such as age categories. 

18 (E) A description of any special service 

19 available. 

20 (4) APPROPRIATE COMMUNITY SERVICES.—To 

21 the extent practicable, the Director shall attempt to 

22 include on the supplemental placement list facilities 

23 located in geographic areas in which culturally and 

24 linguistically appropriate community services are 

25 available. 


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1 (5) HIGH CAPACITY AT CHILDCARE FACILI2 TIES.—If the operational capacity of all childcare fa3 cilities and foster care placements reaches or exceeds 

4 75 percent for a period of 3 consecutive days, the 

5 Director shall contact the facilities on the supple6 mental placement list to determine the number of 

7 available supplemental placements. 

8 (c) NEED FOR SUPPLEMENTAL PLACEMENTS EX9 CEEDING CAPACITY.—If the number of unaccompanied 

10 noncitizen children in need of placement in the case of 

11 an emergency or influx exceeds the available appropriate 

12 placements on the supplemental placement list, the Direc13 tor shall— 

14 (1) locate additional placements through State15 licensed programs and nonprofit child and family 

16 services agencies providing placement services; and 

17 (2) expedite the reunification and release of un18 accompanied noncitizen children from U.S. Customs 

19 and Border Protection custody. 

20 SEC. 305. INFLUX FACILITY STANDARDS AND STAFFING. 

21 (a) OPERATION OF INFLUX FACILITIES.—In the 

22 event that the operation of an influx facility cannot be 

23 avoided, the Director may operate an influx facility in ac24 cordance with this section. 

25 (b) STANDARDS.— 


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1 (1) IN GENERAL.—An influx facility that does 

2 not meet the standards described in this subsection 

3 may not be used to house any child, and children 

4 housed at such an influx facility shall be transferred 

5 out of the influx facility immediately. 

6 (2) FIRST DAY OF OPERATION.—On the first 

7 day of operation, an influx facility shall be in compli8 ance with— 

9 (A) the staffing ratio requirements, case 

10 management requirements, telephone call ac11 cess, legal services access, education and recre12 ation requirements, and medical and mental 

13 health services requirements that apply to 

14 childcare facilities; and 

15 (B) the facility standards under the Prison 

16 Rape Elimination Act of 2003 (34 U.S.C. 

17 30301 et seq.). 

18 (3) WITHIN 30 DAYS.—Not later than 30 days 

19 after the date on which an influx facility commences 

20 operation, the influx facility shall achieve compliance 

21 with all standards set forth in title II, including 

22 State licensing standards. 

23 (c) CONTRACTOR STANDARDS.—The Director may 

24 not enter into a contract with any entity to operate an 

25 influx facility, unless the entity has each of the following: 


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1 (1) Demonstrated experience in providing serv2 ices for unaccompanied noncitizen children or chil3 dren in foster care. 

4 (2) A plan for placement of children for whom 

5 no sponsor has been identified. 

6 (3) A plan for— 

7 (A) identifying, and immediately notifying 

8 the Director with respect to, any child believed 

9 to have been erroneously transferred to, or in 

10 care at, the influx facility contrary to the limi11 tations set forth in paragraphs (1) and (2) of 

12 section 303(c); and 

13 (B) not later than 10 days after identi14 fying such a child, transferring the child to an 

15 appropriate placement. 

16 (4) An emergency plan that includes protection 

17 against transmission of COVID–19 and other infec18 tious diseases, including a plan— 

19 (A) to provide regular testing for any ap20 plicable disease; 

21 (B) to comply with service standards for 

22 quarantine with respect to any such disease 

23 that mirror the services and guidance for chil24 dren and congregate care settings recommended 


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1 by the Centers for Disease Control and Preven2 tion; and 

3 (C) to ensure access to immunizations for 

4 unaccompanied noncitizen children in the influx 

5 facility, in accordance with any applicable guid6 ance of the Centers for Disease Control and 

7 Prevention. 

8 (5) Emergency response protocols for place9 ment, care, and transfer of children, which reduce 

10 the amount of time a child is in an emergency influx 

11 facility. 

12 (6) A clear organizational chart, reporting 

13 structure, and contact information. 

14 (7) A staffing plan that includes maintaining 

15 specified case manager-to-child ratios and a specified 

16 number of case manager visits with a child each 

17 week. 

18 (8) A training plan for case managers that in19 cludes in-service coaching and individual support for 

20 a case manager’s first 30 days as an employee of the 

21 entity. 

22 (9) A written code of conduct that is— 

23 (A) distributed to all officers, employees, 

24 and volunteers; and 


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1 (B) contains clear boundaries for working 

2 with and around children. 

3 (10) Written ethical standards that are— 

4 (A) distributed to all officers, employees, 

5 and volunteers; and 

6 (B) based on accepted child welfare prin7 ciples and best practices. 

8 (11) Data systems that meet the data and qual9 ity standards described in section 602 for tracking 

10 children through intake, case management, transpor11 tation, and placement. 

12 (d) WAIVER.— 

13 (1) IN GENERAL.—In the case of an influx fa14 cility, the Director may waive compliance with a 

15 standard or procedure under title II for a period of 

16 not more than 30 days. 

17 (2) NOTICE TO CONGRESS.—If the Director 

18 waives compliance with the requirement that an in19 flux facility shall be licensed by the State in which 

20 it is located, the Director shall provide to Congress 

21 notice of such waiver, which shall include— 

22 (A) a justification for the waiver; and 

23 (B)(i) a plan for the influx facility to ob24 tain such licensing; or 


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1 (ii) in the case of an influx facility that will 

2 be unable to obtain such licensing— 

3 (I) an explanation of the reason 

4 that— 

5 (aa) licensing is not possible; and 

6 (bb) the particular influx facility 

7 was chosen and remains operationally 

8 necessary. 

9 (e) REPORTING MECHANISMS.—The Director shall 

10 establish clear procedures— 

11 (1) for unaccompanied noncitizen children at 

12 influx facilities to directly and confidentially report 

13 incidents of abuse or neglect at influx facilities to 

14 the Ombudsperson, consulates, and State authori15 ties; and 

16 (2) to allow State child protective services im17 mediate access to any influx facility to investigate 

18 any such report. 

19 (f) STAFFING.— 

20 (1) BACKGROUND CHECKS.— 

21 (A) IN GENERAL.—The Director shall en22 sure that a Federal Bureau of Investigation 

23 background check, and in any applicable State 

24 a child abuse or neglect check, has been con25 ducted for each influx facility staff member who 


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1 will have direct contact with unaccompanied 

2 noncitizen children. 

3 (B) TIMING OF BACKGROUND CHECKS.— 

4 The background checks described in subpara5 graph (A) shall be completed before a staff 

6 member interacts with any unaccompanied non7 citizen child at an influx facility. 

8 (C) PROHIBITION.—The Director shall en9 sure than an entity with which the Director has 

10 contracted to operate an influx facility does not 

11 hire as staff of the influx facility any individual 

12 who has— 

13 (i) any conviction for child abuse or 

14 trafficking; or 

15 (ii) a conviction that is less than 10 

16 years old the underlying offense of which 

17 would have a substantial and direct effect 

18 on the safety of unaccompanied noncitizen 

19 children. 

20 (D) SUBMITTAL OF EVIDENCE.—Not later 

21 than the date on which an influx facility com22 mences operation, the operator of the influx fa23 cility shall submit to the Director and the 

24 Ombudsperson evidence that background checks 

25 in accordance with this paragraph— 


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1 (i) have been completed for the rel2 evant facility staff; and 

3 (ii) will be completed for all new hires 

4 going forward. 

5 (2) FLUENCY IN SPANISH.—Each staff member 

6 of an influx facility who will have contact with unac7 companied noncitizen children shall— 

8 (A) be fluent in Spanish and English; and 

9 (B) have experience in the care of children. 

10 (3) PEDIATRIC HEALTH SPECIALISTS.—An in11 flux facility shall have onsite pediatric health special12 ists, including a pediatrician, licensed psychologist, 

13 or psychiatrist who is experienced in the care of chil14 dren. 

15 (4) RATIOS.—Not later than 15 days after the 

16 date on which an influx facility commences oper17 ation, the Director shall ensure that the influx facil18 ity maintains staffing ratios as follows: 

19 (A) During waking hours, not less than 1 

20 on-duty youth care worker for every 8 unaccom21 panied noncitizen children. 

22 (B) During sleeping hours, not less than 1 

23 on-duty youth care worker for every 16 unac24 companied noncitizen children. 


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1 SEC. 306. MONITORING AND OVERSIGHT. 

2 (a) SITE VISITS.— 

3 (1) DIRECTOR.— 

4 (A) IN GENERAL.—Not less frequently 

5 than monthly during the period in which an in6 flux facility is in operation, the Director shall 

7 conduct a comprehensive onsite monitoring 

8 visit. 

9 (B) ELEMENTS.—Each site visit conducted 

10 under subparagraph (A) shall include— 

11 (i) an evaluation of the compliance of 

12 the influx facility with— 

13 (I) the standards and procedures 

14 under title II; and 

15 (II) the facility standards under 

16 the Prison Rape Elimination Act of 

17 2003 (34 U.S.C. 30301 et seq.); 

18 (ii) an assessment of the delivery of, 

19 and unaccompanied noncitizen children’s 

20 access to, health care and mental health 

21 care services; 

22 (iii) an assessment of unaccompanied 

23 noncitizen children’s access to counsel and 

24 legal services; and 


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1 (iv) private, confidential interviews 

2 with unaccompanied noncitizen children 

3 housed in the influx facility. 

4 (2) INSPECTOR GENERAL.—The Inspector Gen5 eral of the Department of Health and Human Serv6 ices may conduct unscheduled visits to any influx fa7 cility, during which the Inspector General may meet 

8 confidentially with any unaccompanied noncitizen 

9 child housed in the influx facility. 

10 (3) OMBUDSPERSON.—Not less frequently than 

11 monthly during the period in which an influx facility 

12 is in operation, the Ombudsperson shall conduct a 

13 comprehensive onsite visit to monitor for compliance 

14 with applicable Federal and State law (including 

15 regulations), including— 

16 (A) the Flores settlement agreement; 

17 (B) section 235 of the William Wilberforce 

18 Trafficking Victims Protection Reauthorization 

19 Act of 2008 (8 U.S.C. 1232); and 

20 (C) this Act. 

21 (b) TOURS BY APPROVED STAKEHOLDERS.—Not less 

22 frequently than monthly during the period in which an in23 flux facility is in operation, the Director shall allow ap24 proved stakeholders, including representatives from non25 profit organizations serving or advocating on behalf of unVerDate Sep 11 2014 23:42 Jul 15, 2022 Jkt 029200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\S4529.IS S4529

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1 accompanied noncitizen children, to tour the influx facil2 ity. 

3 TITLE IV—LEGAL REPRESENTA4 TION FOR UNACCOMPANIED 

5 NONCITIZEN CHILDREN 

6 SEC. 401. LEGAL ORIENTATION PRESENTATIONS AND 

7 LEGAL SCREENINGS. 

8 (a) IN GENERAL.—Not later than 10 days after 

9 transfer to the custody of the Secretary, an unaccom10 panied noncitizen child shall receive a free legal orienta11 tion presentation and legal screening conducted by a legal 

12 services provider, which shall include information relating 

13 to— 

14 (1) the right to apply for relief from removal; 

15 (2) the right to request voluntary departure in 

16 lieu of removal; and 

17 (3) the right to a hearing before an immigra18 tion judge. 

19 (b) PRIORITIZATION BEFORE RELEASE.— 

20 (1) IN GENERAL.—The Director shall make af21 firmative, thorough, and timely efforts to ensure 

22 that each unaccompanied noncitizen child receives a 

23 presentation and screening described in subsection 

24 (a) before release, and in the case of any unaccom25 panied noncitizen child who does not receive such 


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1 presentation and screening before release, the Direc2 tor shall ensure that the child receives the presen3 tation and screening on release. 

4 (2) RULE OF CONSTRUCTION.—Nothing in this 

5 section may be construed to prohibit the release of 

6 an unaccompanied noncitizen child to a sponsor 

7 based solely on not having received such a presen8 tation and screening. 

9 SEC. 402. LEGAL REPRESENTATION. 

10 (a) IN GENERAL.—An unaccompanied noncitizen 

11 child shall be represented by counsel appointed or provided 

12 by the Secretary, at Government expense, unless the child 

13 has obtained, at his or her own expense, counsel author14 ized to practice in immigration proceedings. 

15 (b) PROCEDURE.—Representation under subsection 

16 (a) shall— 

17 (1) be appointed or provided by the Secretary 

18 as expeditiously as possible; 

19 (2) extend through every stage of removal pro20 ceedings, from the child’s initial appearance through 

21 the termination of immigration proceedings; and 

22 (3) include any ancillary matter appropriate to 

23 such proceedings, even if the child attains 18 years 

24 of age or is reunified with a parent or legal guardian 

25 while the proceedings are pending. 


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1 (c) PRIVATE, CONFIDENTIAL MEETING SPACE.—The 

2 Director shall ensure that unaccompanied noncitizen chil3 dren are provided access to a private, confidential space 

4 to meet with legal services providers and a private, con5 fidential telephone line to contact their legal counsel or 

6 legal services providers at the expense of the government. 

7 (d) CONTACT WITH LEGAL COUNSEL.—An unaccom8 panied noncitizen child shall be permitted to call or meet 

9 with his or her legal counsel or legal services provider at 

10 any time. 

11 (e) AUTHORIZATION OF APPROPRIATIONS.— 

12 (1) IN GENERAL.—There are authorized to be 

13 appropriated such sums as may be necessary to 

14 carry out this section. 

15 (2) FUNDING.—Amounts made available under 

16 this section shall be maintained separately from 

17 amounts designated for childcare facilities. 

18 (f) SCOPE OF REPRESENTATION.—Government-ap19 pointed counsel may provide to an unaccompanied noncit20 izen child the full scope of representation, including rep21 resentation in— 

22 (1) any matter relevant to the child’s well23 being, including conditions of detention and matters 

24 relating to medical and mental health services and 

25 medication; 


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1 (2) placement review hearings; 

2 (3) sponsorship hearings; and 

3 (4) any other matter relating to immigration. 

4 (g) COOPERATION OF OFFICE OF REFUGEE RESET5 TLEMENT REQUIRED.— 

6 (1) IN GENERAL.—The Director shall ensure 

7 that the legal counsel of an unaccompanied noncit8 izen child has access to prompt, reasonable, and reg9 ular direct communication with case managers, case 

10 coordinators, and Federal field specialists overseeing 

11 the child’s placement, release, family reunification, 

12 transfer, and medical and mental health services. 

13 (2) REQUESTS BY COUNSEL FOR INFORMA14 TION.—On request by the legal counsel or the inde15 pendent legal services provider of an unaccompanied 

16 noncitizen child, the Director shall provide, not later 

17 than 7 days after the date on which the request is 

18 made, the following: 

19 (A) The names and telephone numbers of 

20 all prospective sponsors of the unaccompanied 

21 noncitizen child concerned. 

22 (B) A copy of the complete Office of Ref23 ugee Resettlement case file and records of the 

24 unaccompanied noncitizen child concerned. 


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1 TITLE V—APPOINTMENT OF 

2 CHILD ADVOCATES AND IM3 PROVEMENTS TO IMMIGRA4 TION COURTS 

5 SEC. 501. APPOINTMENT OF CHILD ADVOCATES. 

6 (a) IN GENERAL.—The Secretary shall appoint inde7 pendent child advocates to unaccompanied noncitizen chil8 dren, including— 

9 (1) each vulnerable unaccompanied noncitizen 

10 child in the custody of the Secretary; and 

11 (2) each vulnerable unaccompanied noncitizen 

12 child who has been released from such custody. 

13 (b) EXPANSION OF CHILD ADVOCATE SERVICES.— 

14 (1) IN GENERAL.—The Secretary shall increase 

15 funding for child advocate services to facilitate the 

16 expansion, by not later than the date that is 180 

17 days after the date of the enactment of this Act, of 

18 the provision of such services to all locations at 

19 which— 

20 (A) unaccompanied noncitizen children in 

21 the custody of the Secretary are housed; or 

22 (B) unaccompanied noncitizen children ap23 pear before immigration courts for removal pro24 ceedings. 


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1 (2) PRIORITIZATION.—In expanding services 

2 under this subsection, the Secretary shall prioritize 

3 locations that have the highest numbers of unaccom4 panied noncitizen children in the custody of the Sec5 retary and unaccompanied noncitizen children ap6 pearing before immigration courts. 

7 (3) ACCESS TO RECORDS.— 

8 (A) IN GENERAL.—A child advocate ap9 pointed under this section shall have timely ac10 cess to all materials necessary to effectively ad11 vocate for the best interests of the unaccom12 panied noncitizen child concerned, including the 

13 child’s complete Office of Refugee Resettlement 

14 case file and records. 

15 (B) REQUEST.—On request by such a 

16 child advocate, the Director shall provide a 

17 complete copy of an unaccompanied noncitizen 

18 child’s Office of Refugee Resettlement case file 

19 and records not later than 72 hours after the 

20 request is made. 

21 (4) BEST INTEREST RECOMMENDATIONS.—A 

22 child advocate appointed under this section shall 

23 submit a best interest recommendation based on law, 

24 policy, medical or behavioral health, and relevant so25 cial science research to any Federal or State agency 


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1 making a decision with respect to the best interests 

2 of an unaccompanied noncitizen child, including— 

3 (A) the Department of Health and Human 

4 Services; 

5 (B) the Department of Justice; 

6 (C) the Department of Homeland Security; 

7 and 

8 (D) a Federal, State, or Tribal court. 

9 (5) CONFIDENTIALITY.—All communications 

10 between child advocates appointed under this section 

11 and unaccompanied noncitizen children shall be con12 fidential, and such a child advocate may not be com13 pelled to testify or provide evidence, in any pro14 ceeding, with respect to any information or opinion 

15 conveyed to the child advocate by an unaccompanied 

16 noncitizen child in the course of serving as child ad17 vocate. 

18 (6) LEGAL SUPPORT.—The Secretary shall en19 sure that each location at which child advocate serv20 ices are provided under this section is staffed with 

21 1 or more attorneys who have expertise in immigra22 tion law and child welfare law. 

23 (7) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated such sums 

25 as may be necessary to carry out this subsection. 


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1 SEC. 502. IMMIGRATION COURT IMPROVEMENTS. 

2 (a) HIRING OF IMMIGRATION JUDGES.— 

3 (1) IN GENERAL.—To adjudicate pending cases 

4 and efficiently process future cases, the Attorney 

5 General shall increase the total number of immigra6 tion judges by not fewer than 75 judges during fis7 cal year 2023. 

8 (2) QUALIFICATIONS.—The Attorney General 

9 shall ensure that each immigration judge hired 

10 under this subsection— 

11 (A) is highly qualified; 

12 (B) has substantial experience in the field 

13 of immigration law; and 

14 (C) is trained to conduct fair and impartial 

15 hearings in accordance with applicable due 

16 process requirements. 

17 (3) NO PREFERENCE FOR CANDIDATES WITH

18 PRIOR SERVICE IN THE FEDERAL GOVERNMENT.—In 

19 selecting immigration judges under this subsection, 

20 the Attorney General may not assign any preference 

21 to a candidate who has prior service in the Federal 

22 Government over a candidate who has equivalent 

23 subject matter expertise based on experience in a 

24 nonprofit organization, private practice, or aca25 demia, but does not have previous Federal service. 


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1 (b) IMMIGRATION COURT STAFF.—During fiscal year 

2 2023, the Attorney General shall— 

3 (1) increase the total number of judicial law 

4 clerks at the Executive Office for Immigration Re5 view by 75; and 

6 (2) increase the total number of support staff 

7 for immigration judges, including legal assistants 

8 and interpreters, by 300. 

9 (c) SUPPORT STAFF; OTHER RESOURCES.—The At10 torney General shall ensure that the Executive Office for 

11 Immigration Review has sufficient support staff, adequate 

12 technological and security resources, and appropriate fa13 cilities to conduct the immigration proceedings required 

14 under Federal law. 

15 (d) LIMITATION.—Amounts appropriated for the Ex16 ecutive Office for Immigration Review or for any other di17 vision, activity, or function of the Department of Justice 

18 may not be used to implement numeric case load judicial 

19 performance standards or other standards that could neg20 atively impact the fair administration of justice by the im21 migration courts. 

22 (e) DOCKET MANAGEMENT FOR RESOURCE CON23 SERVATION.—Notwithstanding any opposition from the 

24 Secretary of Homeland Security or the Attorney General, 

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1 nate cases, and the Board of Immigration Appeals shall 

2 remand cases for administrative closure, if an individual 

3 in removal proceedings— 

4 (1) appears to be prima facie eligible for a visa 

5 or any other immigration benefit; and 

6 (2) has a pending application for such benefit 

7 before U.S. Citizenship and Immigration Services or 

8 any other applicable Federal agency. 

9 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as may be 

11 necessary to carry out this section. 

12 TITLE VI—OVERSIGHT, MONI13 TORING, AND ENFORCEMENT 

14 SEC. 601. OFFICE OF THE OMBUDSPERSON FOR UNACCOM15 PANIED NONCITIZEN CHILDREN IN IMMIGRA16 TION CUSTODY. 

17 (a) ESTABLISHMENT.—There is established within 

18 the Department of Health and Human Services an Office 

19 of the Ombudsperson for Unaccompanied Noncitizen Chil20 dren (referred to in this section as the ‘‘Office’’) to mon21 itor and oversee compliance with this Act and the amend22 ments made by this Act. 

23 (b) INDEPENDENCE.—The Office shall be an impar24 tial, confidential resource that is fully independent of— 

25 (1) the Office of Refugee Resettlement; and 


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1 (2) the Department of Homeland Security. 

2 (c) OMBUDSPERSON.— 

3 (1) IN GENERAL.—The Office shall be headed 

4 by an Ombudsperson, who shall be appointed by, 

5 and report directly to, the Secretary. 

6 (2) RECOMMENDATIONS FROM STAKE7 HOLDERS.—Before making an appointment under 

8 paragraph (1), the Secretary shall solicit and con9 sider candidate recommendations from community 

10 stakeholders, including from organizations that pro11 vide legal services to and advocacy on behalf of im12 migrant children. 

13 (3) LIMITATION ON CERTAIN FORMER EMPLOY14 EES.—The Secretary may not appoint as 

15 Ombudsperson any individual who, during the 2-year 

16 period preceding the date of appointment, was an 

17 employee of the Office of Refugee Resettlement or 

18 the Department of Homeland Security. 

19 (4) TERM.— 

20 (A) IN GENERAL.—Subject to subpara21 graph (C), the term of an Ombudsperson ap22 pointed under this subsection shall be not more 

23 than 4 years. 


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1 (B) CONSECUTIVE TERMS.—An 

2 Ombudsperson may be appointed for consecu3 tive terms. 

4 (C) EXPIRATION.—The term of an 

5 Ombudsperson shall not expire before the date 

6 on which the Ombudsperson’s successor is ap7 pointed. 

8 (5) REMOVAL FOR CAUSE.—The Secretary may 

9 only remove or suspend an Ombudsperson for ne10 glect of duty or gross misconduct. 

11 (6) DUTIES AND AUTHORITIES.— 

12 (A) REGIONAL OFFICES.— 

13 (i) ESTABLISHMENT.—The 

14 Ombudsperson shall establish not fewer 

15 than 7 regional offices of the Office— 

16 (I) to strengthen State oversight; 

17 (II) to investigate complaints; 

18 (III) to coordinate with State li19 censing entities; and 

20 (IV) to identify and address dif21 ferences among State child protection 

22 laws. 

23 (ii) LOCATIONS.— 

24 (I) IN GENERAL.—The regional 

25 offices required under clause (i) shall 


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1 be established in the following loca2 tions: 

3 (aa) 1 regional office in 

4 Texas. 

5 (bb) 1 regional office in Ari6 zona. 

7 (cc) 1 regional office in Cali8 fornia or a State in the North9 west. 

10 (dd) 1 regional office in a 

11 State in the Midwest. 

12 (ee) 1 regional office in a 

13 State in the Mid-Atlantic. 

14 (ff) 1 regional office in a 

15 State in the Northeast. 

16 (gg) 1 regional office in a 

17 State in the Southeast. 

18 (II) ADDITIONAL LOCATIONS.— 

19 The Ombudsperson may make a rec20 ommendation to the Secretary with 

21 respect to the location of any addi22 tional regional office. 

23 (iii) APPOINTMENT OF DEPUTIES.— 

24 The Ombudsperson shall appoint a full25 time deputy for each regional office, who 


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1 shall serve at the Ombudsperson’s discre2 tion. 

3 (iv) APPLICABILITY OF OTHER PROVI4 SIONS.—The regional offices established 

5 under this subparagraph shall have the 

6 same access to facilities and records, main7 tain the same rights, roles, and responsibil8 ities, and be subject to the same confiden9 tiality requirements as the Office. 

10 (B) HIRING.— 

11 (i) IN GENERAL.—The Ombudsperson 

12 shall hire to carry out the functions of the 

13 Office necessary personnel, including cler14 ical personnel, who shall serve at the dis15 cretion of the Ombudsperson. 

16 (ii) SUBJECT MATTER EXPERTS.—The 

17 personnel hired under clause (i) shall in18 clude relevant subject matter experts, in19 cluding— 

20 (I) attorneys with expertise in 

21 child welfare and immigration law; 

22 (II) pediatricians; 

23 (III) child and adolescent psychi24 atrists and psychologists; 

25 (IV) social workers; 


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1 (V) data analysts with demon2 strable expertise in child welfare or 

3 immigration; and 

4 (VI) youth or young adults with 

5 experience as noncitizen children in 

6 immigration custody. 

7 (C) MONITORING.— 

8 (i) IN GENERAL.—The Ombudsperson 

9 shall monitor, including by making site vis10 its, for compliance with all applicable law 

11 and standards relating to noncitizen chil12 dren in immigration custody. 

13 (ii) INFLUX FACILITIES.—The 

14 Ombudsperson shall conduct site visits of 

15 influx facilities, as described in section 

16 306. 

17 (D) INVESTIGATIONS.— 

18 (i) IN GENERAL.—The 

19 Ombudsperson— 

20 (I) may conduct any investigation 

21 relating to noncitizen children in im22 migration custody the Ombudsperson 

23 considers necessary; and 

24 (II) shall investigate— 


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1 (aa) claims of abuse, ne2 glect, or mistreatment of noncit3 izen children by the Government 

4 or any other entity while in im5 migration custody; and 

6 (bb) complaints made 

7 against foster care providers, in8 cluding in the case of such a pro9 vider that is subject to State 

10 oversight. 

11 (ii) TIMELINE.—The Ombudsperson 

12 shall commence an investigation under 

13 clause (i)(II) not later than 30 days after 

14 the date on which a claim or complaint de15 scribed in that clause is received. 

16 (iii) REPORTING OF STATE LICENSING

17 VIOLATIONS.—If in the course of an inves18 tigation under clause (i)(II)(bb) the 

19 Ombudsperson discovers a State licensing 

20 violation, the Ombudsperson shall report 

21 the violation to the child welfare licensing 

22 agency of the applicable State. 

23 (iv) PROCEDURES.—The 

24 Ombudsperson shall establish a procedure 

25 for conducting investigations, receiving and 


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1 processing complaints, and reporting find2 ings. 

3 (v) NOTIFICATION.— 

4 (I) COMMENCEMENT OF INVES5 TIGATION.—If the Ombudsperson de6 cides to commence an investigation 

7 based on a complaint received, not 

8 later than 45 days after the date on 

9 which the investigation commences, 

10 the Ombudsperson shall so notify the 

11 complainant. 

12 (II) DECISION NOT TO INVES13 TIGATE OR TO DISCONTINUE INVES14 TIGATION.—If the Ombudsperson de15 cides not to investigate a complaint or 

16 to discontinue an investigation com17 menced under this subparagraph, not 

18 later than 45 days after the date on 

19 which such an action is taken, the 

20 Ombudsperson shall notify the com21 plainant and provide a reason for 

22 such action. 

23 (III) PROGRESS AND RESULTS.— 

24 The Ombudsperson shall provide a 

25 complainant with updates on the 


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1 progress of an investigation and shall 

2 notify the complainant of the results 

3 of the investigation. 

4 (vi) CONFIDENTIALITY.— 

5 (I) IN GENERAL.—All informa6 tion obtained by the Ombudsperson 

7 from a complaint shall be confidential 

8 under applicable Federal and State 

9 confidentiality law, regardless of 

10 whether the Ombudsperson— 

11 (aa) investigates the com12 plaint; 

13 (bb) refers the complaint to 

14 any other entity for investigation; 

15 or 

16 (cc) determines that the 

17 complaint is not a proper subject 

18 for an investigation. 

19 (II) DISCLOSURE.—Disclosure of 

20 any such information may only occur 

21 as necessary to carry out the mission 

22 of the Office and as permitted by law. 

23 (E) REPORTING MECHANISMS.— 

24 (i) IN GENERAL.—The Ombudsperson 

25 shall establish and maintain— 


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1 (I) a public toll-free telephone 

2 number to receive complaints and re3 ports of matters for investigation; and 

4 (II) a public email address to re5 ceive complaints, such reports, and re6 quests for review of placement and 

7 sponsorship decisions. 

8 (ii) AVAILABILITY.— 

9 (I) IN GENERAL.—The 

10 Ombudsperson shall ensure that such 

11 telephone number and email ad12 dress— 

13 (aa) are made available, and 

14 a telephone is accessible, to all 

15 children in immigration custody; 

16 and 

17 (bb) are made available to 

18 prospective sponsors, sponsors, 

19 Flores settlement agreement 

20 class counsel, and legal services 

21 providers and child advocates 

22 who serve such noncitizen chil23 dren. 

24 (II) SPONSORSHIP APPLICA25 TIONS.—The Director shall provide 


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1 such telephone number and email ad2 dress to the prospective sponsor of 

3 each unaccompanied noncitizen child. 

4 (iii) LANGUAGE ACCESS.— 

5 (I) IN GENERAL.—Such tele6 phone number and email address shall 

7 be posted in public areas of each facil8 ity or placement in which 1 or more 

9 children in immigration custody are 

10 held, in multiple languages, including 

11 English, Spanish, French, Hindi, 

12 Bengali, Punjabi, Swahili, Mandarin 

13 Chinese, Russian, Standard Arabic, 

14 Portuguese, Haitian Creole, K’iche’, 

15 Q’eqchi’, Kaqchikel, Mam, Q’anjob’al, 

16 and Ixil. 

17 (II) ADDITIONAL LANGUAGES.— 

18 The Ombudsperson may require that 

19 such contact information be made 

20 available and posted in any additional 

21 language the Ombudsperson considers 

22 necessary based on the demographics 

23 of arriving noncitizen children. 


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1 (F) HEARINGS.—The Ombudsperson may 

2 hold public hearings as the Ombudsperson con3 siders necessary. 

4 (G) INDIVIDUAL CASE ASSISTANCE AND

5 REVIEW.— 

6 (i) IN GENERAL.—The Ombudsperson 

7 may offer individual case assistance for 

8 noncitizen children in immigration custody. 

9 (ii) COMMUNICATION WITH OTH10 ERS.—In providing such individual case as11 sistance, the Ombudsperson may speak 

12 with a noncitizen child’s prospective spon13 sor, family members, child advocate, legal 

14 counsel, case manager, case coordinator, 

15 and Office of Refugee Resettlement Fed16 eral field specialist staffing the noncitizen 

17 child’s case, as applicable. 

18 (H) STAKEHOLDER MEETINGS.— 

19 (i) COMMUNITY STAKEHOLDERS.— 

20 Not less frequently than quarterly, the 

21 Ombudsperson shall invite community 

22 stakeholders, including attorneys who rep23 resent noncitizen children in immigration 

24 custody, to participate in a meeting. 


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1 (ii) DATA TRACKING PERSONNEL.— 

2 Not less frequently than quarterly, the 

3 Ombudsperson shall invite personnel of the 

4 Department of Homeland Security and the 

5 Department of Health and Human Serv6 ices who manage the data tracking systems 

7 described in section 602 to participate in a 

8 meeting for the purpose of informing the 

9 Ombudsperson with respect to the efficacy 

10 and responsiveness of the system with em11 pirical data, analysis, and data needs. 

12 (iii) ADDITIONAL MEETINGS.—The 

13 Ombudsperson may convene additional 

14 meetings at any time, as the 

15 Ombudsperson considers necessary. 

16 (I) REPORTING.— 

17 (i) ANNUAL PUBLIC REPORT.— 

18 (I) IN GENERAL.—Not less fre19 quently than annually, the 

20 Ombudsperson shall issue a public re21 port on the implementation of and 

22 compliance with this Act and the 

23 amendments made by this Act, by the 

24 Secretary and the Secretary of Home25 land Security. 


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1 (II) ELEMENTS.—Each report 

2 under subclause (I) shall include the 

3 following: 

4 (aa) For the preceding fiscal 

5 year, the accomplishments and 

6 challenges relating to such imple7 mentation and compliance. 

8 (bb) A summary of com9 plaints made and investigations 

10 carried out during the preceding 

11 fiscal year, including— 

12 (AA) the number of 

13 complaints and number and 

14 nature of other contacts; 

15 (BB) the number of 

16 complaints made, including 

17 the type and source; 

18 (CC) the number of in19 vestigations carried out; 

20 (DD) the trends and 

21 issues that arose in the 

22 course of investigating com23 plaints; and 

24 (EE) the number of 

25 pending complaints. 


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1 (cc) For the preceding fiscal 

2 year, a summary of— 

3 (AA) each site visit 

4 conducted; 

5 (BB) any interview 

6 with a noncitizen child or fa7 cility staff; 

8 (CC) facility audits and 

9 corrective actions taken or 

10 recommended; 

11 (DD) appeals made to 

12 the Ombudsperson; and 

13 (EE) any other infor14 mation the Ombudsperson 

15 considers relevant. 

16 (dd) A detailed analysis of 

17 the data collected under section 

18 602. 

19 (ee) Recommendations— 

20 (AA) for improving im21 plementation and compliance 

22 with this Act and the 

23 amendments made by this 

24 Act; and 


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1 (BB) as to whether the 

2 Director should renew or 

3 cancel contracts with par4 ticular Office of Refugee Re5 settlement grantees. 

6 (ff) A description of the pri7 orities for the subsequent fiscal 

8 year. 

9 (ii) REPORT ON TRAINING MATE10 RIALS.—The Ombudsperson shall issue a 

11 public report on the training materials de12 veloped by the Director under section 

13 203(c)(4) that includes a description of 

14 any concerns the Ombudsperson has with 

15 respect to the materials. 

16 (iii) ADDITIONAL REPORTS.—The 

17 Ombudsperson may issue additional re18 ports at any time, including data analyses 

19 and findings, as the Ombudsperson con20 siders necessary. 

21 (J) INFORMATION GATHERING.— 

22 (i) IN GENERAL.—The Ombudsperson 

23 may submit to the Director, the Director 

24 of U.S. Immigration and Customs Enforce25 ment, and the juvenile coordinators of U.S. 


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•S 4529 IS

1 Customs and Border Protection requests 

2 for information with respect to the imple3 mentation of this Act. 

4 (ii) RESPONSE REQUIRED.—Not later 

5 than 30 days after the date on which a ju6 venile coordinator receives a request for in7 formation under clause (i), the juvenile co8 ordinator shall submit a detailed response 

9 to the Ombudsperson, the Director, the Di10 rector of U.S. Immigration and Customs 

11 Enforcement, and the Commissioner of 

12 U.S. Customs and Border Protection. 

13 (iii) COOPERATION REQUIRED.—The 

14 Secretary and the Secretary of Homeland 

15 Security shall— 

16 (I) cooperate with any request 

17 for information by the Ombudsperson; 

18 and 

19 (II) report to the Ombudsperson 

20 any policy or instruction issued to em21 ployees regarding the implementation 

22 of this Act. 

23 (K) SUBPOENA AUTHORITY.— 

24 (i) IN GENERAL.—The Ombudsperson 

25 may— 


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1 (I) issue a subpoena to require 

2 the production of all information, re3 ports, and other documentary evidence 

4 necessary to carry out the duties of 

5 the Ombudsperson; and 

6 (II) compel by subpoena, at a 

7 specified time and place— 

8 (aa) the appearance and 

9 sworn testimony of an individual 

10 who the Ombudsperson reason11 ably believes may be able to pro12 vide information relating to a 

13 matter under investigation; and 

14 (bb) the production by an 

15 individual of a record of an ob16 ject that the Ombudsperson rea17 sonably believes may relate to a 

18 matter under investigation. 

19 (ii) EFFECT OF FAILURE TO COM20 PLY.—In the case of an individual who 

21 fails to comply with a subpoena issued 

22 under this subparagraph, the 

23 Ombudsperson may commence a civil ac24 tion in an appropriate court. 


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1 (L) ADDITIONAL DUTIES.—The 

2 Ombudsperson shall— 

3 (i) develop notices of rights, as de4 scribed in sections 105(c)(5) and 202; 

5 (ii) review training materials, as de6 scribed in section 203(c)(4); 

7 (iii) conduct reviews of decisions in 

8 placement review hearings, as described in 

9 section 226(b)(6); 

10 (iv) conduct reviews of decisions in 

11 sponsorship hearings, as described in sec12 tion 232(b)(3)(H); 

13 (v) regularly review data collected 

14 under section 602; and 

15 (vi) track and monitor processing 

16 times and length of custody for noncitizen 

17 children in immigration custody. 

18 (d) ACCESS.— 

19 (1) FACILITIES.— 

20 (A) IN GENERAL.—The Secretary and the 

21 Secretary of Homeland Security shall ensure 

22 unobstructed access by the Ombudsperson to 

23 any facility at which a noncitizen child is de24 tained. 


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1 (B) INFORMATION COLLECTION FOR SITE

2 VISITS.—For each site visit conducted by the 

3 Ombudsperson, facility staff shall provide a list 

4 of the unaccompanied noncitizen children 

5 housed in the facility, including their names, 

6 alien registration numbers, dates of birth, dates 

7 of apprehension, and the dates of facility place8 ment— 

9 (i) in the case of an announced site 

10 visit, not less than 48 hours before the ar11 rival of the Ombudsperson; and 

12 (ii) in the case of an unannounced site 

13 visit, on the arrival of the Ombudsperson. 

14 (C) PRIVATE AND CONFIDENTIAL

15 SPACE.—A facility shall provide a private and 

16 confidential space in which the Ombudsperson 

17 may interview unaccompanied noncitizen chil18 dren and staff. 

19 (D) DELEGATION.—The Ombudsperson 

20 may designate 1 or more individuals from out21 side the Ombudperson’s office to conduct site 

22 visits and interview detained children. 

23 (2) INFORMATION.—On request by the 

24 Ombudsperson, the Secretary shall ensure, not later 


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1 than 48 hours after receipt of the request, unob2 structed access by the Ombudsperson to— 

3 (A) the case files, records, reports, audits, 

4 documents, papers, recommendations, or any 

5 other pertinent information relating to the care 

6 and custody of a noncitizen child; and 

7 (B) the written policies and procedures of 

8 all childcare facilities. 

9 (3) DEFINITION OF UNOBSTRUCTED ACCESS.— 

10 In this subsection, the term ‘‘unobstructed access’’ 

11 means— 

12 (A) with respect to a facility, the ability— 

13 (i) to enter the facility at any time, 

14 including unannounced, to observe and in15 spect all areas of the facility; 

16 (ii) to communicate privately and 

17 without restriction with any child, care18 giver, facility staff, or volunteer; and 

19 (iii) to obtain, review, and reproduce 

20 any— 

21 (I) record of a child, staff mem22 ber, or caregiver; 

23 (II) administrative record, policy, 

24 or document of any facility; 


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1 (III) licensing record maintained 

2 by the applicable Federal or State 

3 agency; or 

4 (IV) record, including a confiden5 tial record, of a Federal or State 

6 agency or any contractor of a Federal 

7 or State agency, except sealed court 

8 records, production of which may only 

9 be compelled by subpoena; and 

10 (B) with respect to information, the ability 

11 to obtain requested information in a timely 

12 manner and with the full cooperation of the 

13 Secretary or the Secretary of Homeland Secu14 rity, as applicable. 

15 (e) CONFIDENTIALITY.— 

16 (1) IDENTITY OF COMPLAINANTS AND WIT17 NESSES.—The Ombudsperson shall maintain con18 fidentiality with respect to the identities of complain19 ants or witnesses coming before the Office, except if 

20 such a disclosure is necessary— 

21 (A) to carry out the duties of the 

22 Ombudsperson; and 

23 (B) to support recommendations made in 

24 individual cases, annual reports, or other re25 ports. 


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1 (2) RECORDS.—In accordance with relevant 

2 Federal and State law, the Ombudsperson may not 

3 disclose a confidential record. 

4 (3) TESTIMONY AND DEPOSITION.—The 

5 Ombudsperson and employees of the Office may not 

6 testify or be deposed in a judicial or administrative 

7 proceeding regarding matters that have come to 

8 their attention in the exercise of their official duties, 

9 except as the Ombudsperson considers necessary to 

10 enforce this Act or the amendments made by this 

11 Act. 

12 (4) SUBPOENA AND DISCOVERY.—The records 

13 of the Office, including notes, drafts, and records ob14 tained from an individual, a provider, or an agency 

15 during intake, review, or investigation of a com16 plaint, and any reports not released to the public are 

17 not subject to disclosure or production in response 

18 to a subpoena or discovery in a judicial or adminis19 trative proceeding, except as the Ombudsperson con20 siders necessary to enforce this Act or the amend21 ments made by this Act. 

22 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated such sums as are nec24 essary to carry out this section. 


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1 SEC. 602. DATA COLLECTION AND REPORTING. 

2 (a) DEPARTMENT OF HOMELAND SECURITY.— 

3 (1) IN GENERAL.—The Secretary of Homeland 

4 Security shall collect and maintain a record of each 

5 noncitizen child held in the custody of the Secretary 

6 of Homeland Security. 

7 (2) FREQUENCY AND SUBMISSION OF DATA

8 COLLECTED.— 

9 (A) IN GENERAL.—Not less frequently 

10 than weekly, the Secretary of Homeland Secu11 rity shall— 

12 (i) collect the information described in 

13 paragraph (3) from each district office and 

14 Border Patrol station; and 

15 (ii) submit such data to— 

16 (I) the Ombudsperson; and 

17 (II) the Committee on the Judici18 ary and the Committee on Appropria19 tions of the Senate and the Com20 mittee on the Judiciary and the Com21 mittee on Appropriations of the House 

22 of Representatives. 

23 (3) INFORMATION DESCRIBED.—The informa24 tion described in this paragraph is the following: 


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1 (A) INDIVIDUAL DATA.—For each noncit2 izen child in the custody of the Secretary of 

3 Homeland Security, the following: 

4 (i) Biographical information, including 

5 full name, date of birth, country of citizen6 ship, preferred language, and alien num7 ber. 

8 (ii) The date the child was appre9 hended and placed in such custody. 

10 (iii) The date and the time the child 

11 was released or transferred from such cus12 tody and to whom the child was so released 

13 or transferred. 

14 (iv) For each accompanying family 

15 member of the child or other adult the 

16 child identifies as a previous caregiver, bio17 graphical and contact information. 

18 (v) An indication as to whether the 

19 child arrived in the company of a family 

20 member other than a parent or legal 

21 guardian, and in the case of a separation 

22 from that family member, a justification 

23 for the separation. 

24 (B) AGGREGATED DATA.— 


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1 (i) The number of children in the cus2 tody of the Secretary of Homeland Secu3 rity as of the last day of each calendar 

4 month, calculated to include all such chil5 dren, disaggregated by— 

6 (I) facility; and 

7 (II) Border Patrol sector. 

8 (ii) The largest number of children 

9 concurrently held in such custody, cal10 culated to include all such children, and 

11 the 1 or more dates on which such largest 

12 number occurred, disaggregated by— 

13 (I) facility; and 

14 (II) Border Patrol sector. 

15 (iii) The median and average number 

16 of hours in such custody for each such 

17 child, calculated to include all such chil18 dren, disaggregated by— 

19 (I) facility; and 

20 (II) Border Patrol sector. 

21 (4) PUBLICATION.—Not less frequently than 

22 monthly, the Secretary of Homeland Security shall 

23 publish on a publicly accessible internet website of 

24 the Department of Homeland Security the following: 


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•S 4529 IS

1 (A) The figures for the data collected 

2 under paragraph (3)(B)(i). 

3 (B) For the preceding calendar month, the 

4 figures for the data collected under clauses (ii) 

5 and (iii) of paragraph (3)(B). 

6 (b) OFFICE OF REFUGEE RESETTLEMENT.— 

7 (1) IN GENERAL.—To support the data collec8 tion and monitoring duties of the Ombudsperson and 

9 to facilitate public monitoring, the Director shall— 

10 (A) develop a systemic data collection sys11 tem to collect and maintain relevant demo12 graphic information that is pertinent to serv13 ing— 

14 (i) the population of unaccompanied 

15 noncitizen children in the custody of the 

16 Secretary of Health and Human Services; 

17 and 

18 (ii) children who have been released 

19 from such custody with services pending; 

20 (B) not less than every 3 years, review the 

21 data collected, the categorization of such data, 

22 the information architecture for organizing and 

23 analyzing such data, any safety concern relating 

24 to the collection of such data, and the method 


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1 for obtaining or collecting such data under such 

2 system; 

3 (C)(i) as appropriate, revise such system to 

4 make improvements in service delivery to unac5 companied noncitizen children; and 

6 (ii) if such system is so revised, ensure the 

7 continuity of comparative data from periods be8 fore and after the revision; and 

9 (D) ensure the ongoing functioning and 

10 use of such system by the Office of Refugee Re11 settlement. 

12 (2) FREQUENCY OF DATA COLLECTED.—Not 

13 less frequently than weekly, the Director shall— 

14 (A) collect from each childcare facility the 

15 information described in paragraph (3); and 

16 (B) maintain such information in the sys17 tem described in paragraph (1)(A). 

18 (3) INFORMATION DESCRIBED.—The informa19 tion described in this paragraph is the following: 

20 (A) INDIVIDUAL DATA.—For each unac21 companied noncitizen child in the custody of the 

22 Secretary of Homeland Security— 

23 (i) biographical information, including 

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1 ship, preferred language, and alien num2 ber; 

3 (ii) the date the child was appre4 hended and placed in such custody of the 

5 Secretary of Homeland Security; 

6 (iii) the date the child was placed in 

7 the custody of the Secretary of Health and 

8 Human Services; 

9 (iv) the date on which the child was 

10 placed in a childcare facility, or transferred 

11 between childcare facilities, as applicable, 

12 and the name and location of each 

13 childcare facility; 

14 (v) in the case of a child placed in a 

15 residential treatment center, therapeutic 

16 childcare facility, staff-secure facility, or 

17 out-of-network facility, a justification for 

18 such placement; 

19 (vi) the status of the child’s family re20 unification process, including— 

21 (I) a record of the 1 or more case 

22 managers who have worked on the 

23 child’s case, including a description of 

24 the work performed; 


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1 (II) in the case of a child who is 

2 released or discharged from the cus3 tody of the Secretary of Health and 

4 Human Services— 

5 (aa) the date of release or 

6 discharge; 

7 (bb) the name of the indi8 vidual to whom the child was re9 leased, as applicable; and 

10 (cc) the reason for release or 

11 discharge; and 

12 (III) in the case of a child re13 moved from the United States, the 

14 date of removal and the country to 

15 which he or she was removed, regard16 less of whether a child was removed 

17 directly from the custody of the Sec18 retary of Health and Human Services; 

19 and 

20 (vii) the number of occasions on which 

21 the operator of a childcare facility or an 

22 influx facility contacted law enforcement 

23 with respect to the child, as applicable, and 

24 the justification for each such contact. 


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1 (B) FACILITY DATA.—For each childcare 

2 facility or influx facility funded by the Depart3 ment of Health and Human Services— 

4 (i) the median length of stay for unac5 companied noncitizen children placed at 

6 the facility; 

7 (ii) for children who have been re8 leased to sponsors, the median amount of 

9 time spent by such children in the custody 

10 of the Secretary of Health and Human 

11 Services before release; 

12 (iii) the utilization rate of the facility 

13 (excluding funded but unplaceable beds 

14 and calculated as the number of filled beds 

15 divided by the number of beds available for 

16 placement, expressed as a percentage); 

17 (iv) the percentage of unaccompanied 

18 noncitizen children transferred from the 

19 facility to any other facility, calculated on 

20 a rolling basis; and 

21 (v) the number and type of child 

22 abuse or neglect allegations against facility 

23 staff or against other children in the facil24 ity, and the number of such allegations 

25 substantiated. 


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•S 4529 IS

1 (C) NATIONAL CAPACITY DATA.— 

2 (i) IN GENERAL.—For all childcare 

3 facilities and influx facilities, in the aggre4 gate— 

5 (I) the number of pending beds; 

6 and 

7 (II) the number of delivered 

8 beds, disaggregated by— 

9 (aa) beds occupied by unac10 companied noncitizen children; 

11 (bb) unoccupied beds avail12 able for potential use by unac13 companied noncitizen children; 

14 and 

15 (cc) unavailable beds that 

16 are funded but cannot receive 

17 children. 

18 (ii) DEFINITIONS.—In this subpara19 graph: 

20 (I) DELIVERED BED.—The term 

21 ‘‘delivered bed’’ means a bed delivered 

22 to the Department of Health and 

23 Human Services for use by an unac24 companied noncitizen child. 


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•S 4529 IS

1 (II) PENDING BED.—The term 

2 ‘‘pending bed’’ means a bed— 

3 (aa) to be provided to the 

4 Department of Health and 

5 Human Services for use by an 

6 unaccompanied noncitizen child 

7 that is funded by a grant, cooper8 ative agreement, contract, or any 

9 other means; but 

10 (bb) that is not yet a deliv11 ered bed. 

12 (D) FAMILY REUNIFICATION DATA.—For 

13 all unaccompanied noncitizen children in the 

14 custody of the Secretary of Health and Human 

15 Services— 

16 (i) the median time-to-release, 

17 disaggregated by— 

18 (I) children released to parents 

19 or legal guardians; 

20 (II) children released to other 

21 sponsors; 

22 (III) children who have home 

23 studies mandated by section 235 of 

24 the Trafficking Victims Protection 


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•S 4529 IS

1 Reauthorization Act of 2008 (8 

2 U.S.C. 1232); 

3 (IV) children granted home stud4 ies through the discretion of the Di5 rector; and 

6 (V) all other children; and 

7 (ii) the number of children who have 

8 been in such custody for more than 90 

9 days, disaggregated by— 

10 (I) children placed in therapeutic 

11 foster care; 

12 (II) children placed in long-term 

13 foster care; and 

14 (III) children in placements that 

15 are not therapeutic foster care or 

16 long-term foster care. 

17 (E) COMPREHENSIVE NATIONAL DATA.— 

18 (i) The number and characteristics of 

19 children placed in and exiting the custody 

20 of the Secretary of Health and Human 

21 Services. 

22 (ii) The status of the unaccompanied 

23 noncitizen child population, including the 

24 number of such children in such custody, 

25 age cohorts of such children, length of 


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•S 4529 IS

1 placements, types of placements, location 

2 in-network or out-of-network, and goals for 

3 reunification by sponsor or placement type. 

4 (iii) The number and percentage of 

5 unaccompanied noncitizen children des6 ignated for and receiving any of the fol7 lowing: 

8 (I) Mandatory home studies. 

9 (II) Discretionary home studies. 

10 (III) Post-release services. 

11 (iv) The number and percentage of 

12 unaccompanied noncitizen children held in 

13 a facility funded by the Office of Refugee 

14 Resettlement with more than 25 other un15 accompanied noncitizen children. 

16 (v) The number and percentage of un17 accompanied noncitizen children with spe18 cial needs or disabilities (as defined in sec19 tion 3 of the Americans with Disabilities 

20 Act of 1990 (42 U.S.C. 12102)). 

21 (vi) For each type of childcare facility 

22 and each influx facility— 

23 (I) the average national case 

24 manager-to-child ratio; and 


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•S 4529 IS

1 (II) the national utilization rate 

2 (excluding funded but unplaceable 

3 beds and calculated as the number of 

4 filled beds divided by the number of 

5 beds available for placement, ex6 pressed as a percentage). 

7 (vii) The number of such facilities al8 leged and found to be out of compliance 

9 with the facility standards under the Pris10 on Rape Elimination Act of 2003 (34 

11 U.S.C. 30301 et seq.). 

12 (viii) The number and types of viola13 tions for sexual abuse and exploitation al14 leged and resolved with respect to unac15 companied noncitizen children while in the 

16 custody of the Secretary of Health and 

17 Human Services, counted and categorized 

18 in accordance with the Prison Rape Elimi19 nation Act of 2003 (34 U.S.C. 30301 et 

20 seq.). 

21 (ix) The rate of compliance with sub22 paragraphs (A) and (B) of section 

23 231(a)(2). 

24 (F) FURTHER POPULATION AND GENERAL

25 CHARACTERISTICS DATA.— 


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1 (i) IN GENERAL.— 

2 (I) The general status and char3 acteristics of the population of unac4 companied noncitizen children and 

5 their family members. 

6 (II) The general quality and 

7 speed of the placement process, and 

8 information on post-placement out9 comes. 

10 (III) Barriers to release for such 

11 children, including relevant cross-tab12 ulations with other collected data. 

13 (IV) An identification of children 

14 who are vulnerable to or victims of 

15 human trafficking. 

16 (V) The general status and char17 acteristics of facilities funded by the 

18 Office of Refugee Resettlement for the 

19 purpose of the care of unaccompanied 

20 noncitizen children. 

21 (VI) The rate of increase or de22 crease in childcare facility usage, such 

23 that cross-facility comparisons are 

24 useful or systemwide seasonal vari25 ations may be anticipated. 


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1 (VII) Aggregate measures that 

2 allow comparison between facilities by 

3 size, placement type, and any other 

4 appropriate factor of number and type 

5 of child abuse or neglect allegations 

6 against staff or against other children. 

7 (ii) COLLECTION STANDARDS.—The 

8 Director shall develop and implement 

9 standards for the collection of the informa10 tion described in clause (i). 

11 (4) SUBMISSION OF DATA AND INFORMATION.— 

12 Not less frequently than weekly, the Director shall 

13 submit, in a manner that corresponds with publica14 tion under paragraph (6), the information described 

15 in paragraph (3) for the preceding week to— 

16 (A) the Ombudsperson; and 

17 (B) the Committee on the Judiciary and 

18 the Committee on Appropriations of the Senate 

19 and the Committee on the Judiciary and the 

20 Committee on Appropriations of the House of 

21 Representatives. 

22 (5) ADDITIONAL REQUIREMENTS.— 

23 (A) RELIABILITY AND CONSISTENCY OF

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1 tion system developed and implemented under 

2 paragraph (1) shall— 

3 (i) ensure that— 

4 (I) data collected is reliable and 

5 consistent over time and among juris6 dictions through the use of uniform 

7 definitions and methodologies; and 

8 (II) publicly available data re9 mains reliable and consistent over 

10 time, unless— 

11 (aa) the removal of data 

12 from the public domain protects 

13 individuals or groups of individ14 uals from harm or potential 

15 harm; or 

16 (bb) a modification to a defi17 nition or methodology is nec18 essary to allow the Office of Ref19 ugee Resettlement to serve unac20 companied noncitizen children 

21 better, individually or as a group; 

22 and 

23 (ii) for the information described in 

24 paragraph (3)(F), include metadata with 

25 respect to whether, and in what form, such 


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•S 4529 IS

1 information may be made available to the 

2 public, with the presumption that informa3 tion shall be made available to the public— 

4 (I) in the least restricted form 

5 that protects individual privacy; and 

6 (II) on the same internet website 

7 used for publication under paragraph 

8 (6). 

9 (B) INCENTIVES.—The Director shall use 

10 appropriate requirements and incentives to en11 sure that the data collection system developed 

12 and implemented under paragraph (1) functions 

13 reliably throughout the United States. 

14 (6) PUBLICATION.— 

15 (A) MONTHLY REPORT.— 

16 (i) IN GENERAL.—Not less frequently 

17 than monthly, the Director shall publish on 

18 a publicly accessible internet website of the 

19 Office of Refugee Resettlement the fol20 lowing: 

21 (I) As of the last day of the pre22 ceding calendar month, the figures for 

23 the data collected under subpara24 graphs (C), (D)(ii), and (E)(ii) of 

25 paragraph (3). 


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•S 4529 IS

1 (II) For each calendar month, 

2 the figures for the data collected 

3 under subparagraphs (D)(i), (E)(i), 

4 (E)(v), and (E)(vi) of paragraph (3). 

5 (III) If an influx facility, an 

6 emergency facility, or any other unli7 censed facility is in operation to house 

8 noncitizen children, the figures for the 

9 data collected under paragraph 

10 (3)(E)(ix) and any other data re11 quired to ensure oversight and trans12 parency under section 306. 

13 (IV) The data and measures de14 scribed in paragraph (3)(F) for which 

15 new or continuing publication is— 

16 (aa) in the public interest; 

17 or 

18 (bb) required under para19 graph (5)(A). 

20 (V) A description of any change 

21 between the information reported 

22 under subclauses (I) through (IV) for 

23 the reporting period and such infor24 mation reported for the preceding re25 porting period. 


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1 (ii) AGGREGATION OF DATA.—The in2 formation published under clause (i) shall 

3 be aggregated so as to facilitate uniform 

4 monthly reporting. 

5 (B) ANNUAL REPORT.— 

6 (i) IN GENERAL.—Not less frequently 

7 than annually, the Director shall publish 

8 on a publicly accessible internet website of 

9 the Office of Refugee Resettlement the fol10 lowing: 

11 (I) As of the last day of each fis12 cal year, the figures for the data col13 lected under subparagraphs (E)(iii), 

14 (E)(v), (E)(vii), and (E)(viii) of para15 graph (3). 

16 (II) The data and measures de17 scribed in paragraph (3)(F) for which 

18 new or continuing publication is— 

19 (aa) in the public interest; 

20 or 

21 (bb) required under para22 graph (5)(A). 

23 (III) A description of any change 

24 between the information reported 

25 under subclauses (I) and (II) for the 


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•S 4529 IS

1 reporting period and such information 

2 reported for the preceding reporting 

3 period. 

4 (ii) AGGREGATION OF DATA.—The in5 formation published under clause (i) shall 

6 be aggregated so as to facilitate uniform 

7 annual reporting. 

8 (c) OMBUDSPERSON REVIEW OF DATA.—The Sec9 retary of Health and Human Services and the Secretary 

10 of Homeland Security shall— 

11 (1) ensure that the Ombudsperson— 

12 (A) has access to all real-time data regard13 ing noncitizen children in immigration custody; 

14 and 

15 (B) is able to independently and regularly 

16 review data collected by the Department of 

17 Health and Human Services and Department of 

18 Homeland Security with respect to such chil19 dren; 

20 (2) respond in a timely manner to inquiries 

21 from the Ombudsperson with respect to such data; 

22 and 

23 (3) promptly take any necessary corrective ac24 tion with respect to the accuracy and integrity of 

25 such data. 


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1 SEC. 603. ENFORCEMENT. 

2 (a) AUDITS.— 

3 (1) IN GENERAL.—Not less frequently than an4 nually, the Director shall conduct an audit of each 

5 childcare facility, which shall include a site visit— 

6 (A) to assess compliance of the childcare 

7 facility with the requirements of this Act; and 

8 (B) to determine whether the operator of 

9 the childcare facility continues to be a State-li10 censed program. 

11 (2) REPORT TO OMBUDSPERSON.—Not later 

12 than 7 days after the date on which the Director 

13 completes an audit under subsection (a), the Direc14 tor shall submit to the Ombudsperson a report on 

15 the audit, including a description of any corrective 

16 action required to bring the childcare facility into 

17 compliance. 

18 (b) VIOLATIONS.— 

19 (1) NOTIFICATION.—With respect to a childcare 

20 facility found to be in violation of this Act, the Di21 rector shall provide the State-licensed program con22 cerned with a written notification of each deficiency. 

23 (2) APPEAL.— 

24 (A) IN GENERAL.—A State-licensed pro25 gram shall have the opportunity to administra26 tively appeal a finding of deficiency in a 


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1 childcare facility operated by the State-licensed 

2 program. 

3 (B) NO NEW REFERRALS.—During the 

4 pendency of an appeal under subparagraph (A), 

5 the childcare facility may not receive new place6 ments of unaccompanied noncitizen children. 

7 (3) DEBARMENT.—Consistent with the Federal 

8 Acquisition Regulation, any operator of a childcare 

9 facility that fails to maintain an appropriate State 

10 license or meet the standards set forth in this Act 

11 shall be debarred or suspended from contracting 

12 with the Secretary for not less than 3 years. 

13 (c) CIVIL ACTION.— 

14 (1) IN GENERAL.—An unaccompanied noncit15 izen child or the parent, legal guardian, or prospec16 tive sponsor of such a child alleging noncompliance 

17 by a State-licensed program with the standards and 

18 procedures set forth in this Act for childcare facili19 ties may commence a cause of action in a district 

20 court of the United States that has venue over the 

21 matter. 

22 (2) VENUE.—Venue for an action under para23 graph (1) may be found in— 

24 (A) the district in which the original 

25 childcare facility in which the unaccompanied 


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1 noncitizen child concerned was placed is lo2 cated; or 

3 (B) the district in which the childcare fa4 cility to which the unaccompanied noncitizen 

5 child was transferred is located. 

6 (d) LIMITED REVIEW.—Review under this section 

7 shall be limited to entering an order solely affecting the 

8 individual claims of the unaccompanied noncitizen child or 

9 the parent, legal guardian, or prospective sponsor seeking 

10 such review. 

11 (e) INTERFERENCE WITH OMBUDSPERSON.—An em12 ployee of a Federal or State agency, a contractor of a Fed13 eral or State agency, or a care provider who intentionally 

14 prevents, interferes with, or attempts to impede the work 

15 of the Ombudsperson shall be subject to a civil penalty, 

16 which shall be not more than $2,500 for each violation. 

17 (f) BREACH OF DUTY OF CARE.—If the 

18 Ombudsperson has reason to believe that an employee of 

19 a Federal or State agency or a contractor of a Federal 

20 or State agency has, in the conduct of official duties, 

21 breached the duty of care or engaged in misconduct, the 

22 Ombudsperson shall refer the matter to the head of such 

23 Federal or State agency, a grand jury, or other appro24 priate official or agency. 


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1 (g) CRIMINAL PENALTY FOR DISCRIMINATION OR

2 RETALIATION.—A violation of section 604 or any provi3 sion of title VII shall be a misdemeanor. 

4 SEC. 604. PROTECTION FROM RETALIATION. 

5 (a) IN GENERAL.—The Director may not— 

6 (1) take an adverse action against an Office of 

7 Refugee Resettlement-funded legal services provider, 

8 child advocate program, or any other entity based on 

9 the legal services provider, child advocate program, 

10 or other entity having pursued judicial review or a 

11 civil action under this Act, or any civil action in a 

12 State court, on behalf of an unaccompanied noncit13 izen child or the parent, legal guardian, or prospec14 tive sponsor of such a child; or 

15 (2) discourage, interfere in, or withdraw funds 

16 from any Office of Refugee Resettlement-funded 

17 legal services provider, child advocate program, or 

18 any other entity that— 

19 (A) pursues judicial review or a civil action 

20 under this Act, or any civil action in State 

21 court, to challenge the conditions of such a 

22 child’s custody or the denial of release from 

23 custody; or 


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1 (B) assists such a child or the parent, legal 

2 guardian, or prospective sponsor of such a child 

3 to so challenge. 

4 (b) PROTECTION FOR INDIVIDUALS FILING COM5 PLAINTS WITH OMBUDSPERSON.—An employee of a Fed6 eral or State agency, a contractor for a Federal or State 

7 agency, or a care provider shall not retaliate against any 

8 individual for having filed a complaint with, or provided 

9 information to, the Ombudsperson. 

10 (c) PROTECTIONS FOR NONCITIZEN CHILDREN RE11 PORTING DISCRIMINATION.—Noncitizen children in immi12 gration custody may not be retaliated against for report13 ing discrimination, filing a charge of discrimination, or 

14 participating in a discrimination investigation or lawsuit. 

15 SEC. 605. MANDATORY ACCESS TO DETENTION FACILITIES 

16 FOR MEMBERS OF CONGRESS. 

17 (a) IN GENERAL.—Subject to subsection (c), the Sec18 retary concerned shall allow a Member of Congress to tour 

19 any facility in which 1 or more detained individuals are 

20 housed, including unaccompanied noncitizen children, at 

21 a time between 8:00 a.m. and 7:00 p.m. on a date re22 quested by the Member of Congress if, not later than 24 

23 hours before the date requested in the case of a Depart24 ment of Homeland Security facility, or not later than 2 

25 business days before the date requested in the case of a 


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1 Department of Health and Human Services facility, the 

2 Secretary concerned receives written notice from the Mem3 ber of Congress that includes— 

4 (1) the name of the facility; and 

5 (2) the date on which the Member of Congress 

6 intends to tour the facility. 

7 (b) ACCOMPANYING MEMBERS OF THE PRESS.— 

8 (1) IN GENERAL.—Subject to paragraph (2), 

9 the Secretary concerned shall allow 1 or more mem10 bers of the press to accompany a Member of Con11 gress on a tour of a facility under this section. 

12 (2) LIMITATIONS.— 

13 (A) STILL OR VIDEO CAMERAS.—The Sec14 retary concerned shall not be required to allow 

15 a member of the press to enter a facility under 

16 paragraph (1) with a still or video camera. 

17 (B) PERSONALLY IDENTIFYING INFORMA18 TION.—As a condition of entering a facility 

19 under paragraph (1), a member of the press 

20 shall agree not to release any personally identi21 fying information of a staff member of the facil22 ity or a child housed at the facility without the 

23 express authorization of such staff member or 

24 child. 


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1 (c) LIMITATION.—The Secretary concerned may limit 

2 a tour under subsection (a) to— 

3 (1) in the case of a facility that houses not 

4 more than 50 unaccompanied noncitizen children— 

5 (A) not more than 5 Members of Congress; 

6 and 

7 (B) accompanying members of the press 

8 under subsection (b); and 

9 (2) in the case of a facility that houses more 

10 than 50 detained individuals, including unaccom11 panied noncitizen children— 

12 (A) not more than 10 Members of Con13 gress; and 

14 (B) accompanying members of the press 

15 under subsection (b). 

16 (d) DEFINITION OF SECRETARY CONCERNED.—In 

17 this section, the term ‘‘Secretary concerned’’ means, as 

18 applicable— 

19 (1) the Secretary of Homeland Security; or 

20 (2) the Secretary of Health and Human Serv21 ices. 


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1 TITLE VII— 

2 NONDISCRIMINATION 

3 SEC. 701. FAIR AND EQUAL TREATMENT. 

4 (a) IN GENERAL.—All noncitizen children in immi5 gration custody shall be treated fairly and equally and pro6 vided with inclusive, safe, and nondiscriminatory services. 

7 (b) FREEDOM FROM DISCRIMINATION.— 

8 (1) IN GENERAL.—Noncitizen children in immi9 gration custody shall have the right to be free from 

10 discrimination and harassment on the basis of actual 

11 or perceived characteristics relating to race, ethnic 

12 group identification, ancestry, national origin, color, 

13 religion, sex (including sexual orientation, gender 

14 identity, and expression), language, mental or phys15 ical disability, or HIV status. 

16 (2) PROVISION OF SERVICES.—Services pro17 vided to noncitizen children under this Act shall be 

18 delivered in a manner that is sensitive to the age, 

19 culture, native language, and complex needs of each 

20 noncitizen child. 

21 (c) RULE OF CONSTRUCTION.—Nothing in this title 

22 shall be construed to diminish any protection under any 

23 other Federal or State anti-discrimination law. 


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1 SEC. 702. RESPONSIBILITIES OF CARE PROVIDERS. 

2 (a) IN GENERAL.—During the entire period in which 

3 a noncitizen child is held in immigration custody, the 

4 child’s care providers shall ensure that the child— 

5 (1) is treated and served fairly and equally; 

6 (2) is treated with dignity and respect; 

7 (3) is cared for in an inclusive and respectful 

8 environment; and 

9 (4) is not subject to discrimination or harassed 

10 based on actual or perceived characteristics. 

11 (b) SPECIAL CONSIDERATIONS.—During the entire 

12 period in which a noncitizen child is held in immigration 

13 custody, the child’s care providers— 

14 (1) in the case of an noncitizen indigenous 

15 child, in partnership with the noncitizen indigenous 

16 child and, to the extent practicable, the parents, ex17 tended family, and members of the cultural commu18 nity of the child, shall make active efforts to main19 tain the child’s connections to culture, tradition, and 

20 prevailing indigenous lifeways, including through 

21 culturally appropriate programs and services; 

22 (2) shall maintain privacy and confidentiality of 

23 information relating to the child’s sexual orientation 

24 and gender identity; 

25 (3) shall use the child’s correct names and pro26 nouns corresponding to the child’s gender identity; 


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1 (4) in the case of an LGBTQI child— 

2 (A) shall— 

3 (i) ensure that the child is housed ac4 cording to an assessment of the child’s 

5 gender identity and housing preference, 

6 health and safety needs, and State and 

7 local licensing standards; 

8 (ii) offer an individualized assessment 

9 to determine whether additional or alter10 nate restroom accommodations should be 

11 provided; 

12 (iii) allow the child to dress and ex13 press themselves according to their gender 

14 identity; 

15 (iv) allow the child to choose the gen16 der of staff that will conduct a pat-down 

17 search if such a search is necessary; and 

18 (v) consider the child’s gender self19 identification and the effects of a housing 

20 assignment on the child’s health and safe21 ty; and 

22 (B) shall not— 

23 (i) label the child as a likely abuser or 

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1 entation, gender identity, or gender expres2 sion; or 

3 (ii) isolate or involuntarily segregate 

4 the noncitizen child solely because of the 

5 child’s sexual orientation, gender identity, 

6 or gender expression. 

7 TITLE VIII—INFORMATION 

8 SHARING AND DATA PROTEC9 TION 

10 SEC. 801. SEPARATION OF RECORDS. 

11 The Director shall ensure that— 

12 (1) all unaccompanied noncitizen children’s per13 sonal information and Office of Refugee Resettle14 ment case files and records are maintained sepa15 rately and apart from such children’s immigration 

16 files (commonly known as ‘‘A-Files’’); and 

17 (2) such case files and records are not acces18 sible by the Department of Homeland Security. 

19 SEC. 802. PROHIBITION ON USE FOR DENIAL OF RELIEF OR 

20 IN REMOVAL PROCEEDINGS. 

21 An unaccompanied noncitizen child’s Office of Ref22 ugee Resettlement case file or record shall not be used 

23 by the Secretary of Homeland Security or the Attorney 

24 General— 

25 (1) to deny any application for relief; or 


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1 (2) to facilitate involuntary removal in any pro2 ceeding, including expedited removal, reinstatement 

3 of removal, and proceedings under section 362 or 

4 365 of the Public Health Service Act (42 U.S.C. 

5 265, 268). 

6 SEC. 803. DISCLOSURE. 

7 (a) INFORMED CONSENT REQUIRED.— 

8 (1) IN GENERAL.—The personal information 

9 and Office of Refugee Resettlement case file and 

10 records of an unaccompanied noncitizen child— 

11 (A) shall be confidential; and 

12 (B) subject to paragraph (2), may only be 

13 disclosed if the child has— 

14 (i) consulted with the child’s legal 

15 counsel; and 

16 (ii) provided informed consent for dis17 closure. 

18 (2) CHILDREN UNDER 12 YEARS OF AGE.—In 

19 the case of an unaccompanied noncitizen child under 

20 the age of 12 years, only the parent, legal guardian, 

21 or sponsor may provide consent for disclosure of the 

22 personal information or Office of Refugee Resettle23 ment case file of the child. 

24 (3) SUBSEQUENT DISCLOSURE PROHIBITED.— 

25 Once disclosed, the personal information or Office of 


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1 Refugee Resettlement case file of an unaccompanied 

2 noncitizen child may not be subsequently disclosed 

3 to a third party unless the child has— 

4 (A) consulted with his or her legal counsel; 

5 and 

6 (B) provided informed consent for disclo7 sure. 

8 SEC. 804. PROHIBITION ON INFORMATION SHARING. 

9 (a) CHILD IN CUSTODY AND PROSPECTIVE SPON10 SORS.—The Director may not provide any information 

11 about an unaccompanied noncitizen child in the custody 

12 of the Secretary, or prospective sponsors, to the Attorney 

13 General or the Secretary of Homeland Security without 

14 consent of the unaccompanied noncitizen child concerned 

15 or the prospective sponsor, as applicable, and the legal 

16 counsel of the child or sponsor, respectively. 

17 (b) IMMIGRATION ENFORCEMENT.— 

18 (1) IN GENERAL.—The sharing of any informa19 tion between the Office of Refugee Resettlement and 

20 the Department of Homeland Security for purposes 

21 of immigration enforcement is prohibited. 

22 (2) EXPLANATION FOR PROSPECTIVE SPON23 SORS.—The Director shall ensure that Office of Ref24 ugee Resettlement communications with sponsors 

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1 fication application packet, includes an explanation 

2 that information provided to the Office of Refugee 

3 Resettlement may only be shared with the Depart4 ment of Homeland Security if the child and sponsor 

5 or prospective sponsor concerned have provided in6 formed consent. 

7 (c) RELIEF FROM REMOVAL.—The sharing of any in8 formation between the Office of Refugee Resettlement and 

9 the Department of Homeland Security or the Department 

10 of Justice for purposes of relief from removal is prohib11 ited. 

12 (d) EXCEPTIONS.— 

13 (1) IN GENERAL.—The Secretary may provide 

14 for the disclosure of information in the same manner 

15 and circumstances as census information may be 

16 disclosed by the Secretary of Commerce under sec17 tion 8 of title 13, United States Code. 

18 (2) NATIONAL SECURITY PURPOSES.—The Sec19 retary may provide for the disclosure of information 

20 to national security officials to be used solely for a 

21 national security purpose in a manner that protects 

22 the confidentiality of such information. 

23 (3) LAW ENFORCEMENT PURPOSES.—The Sec24 retary may provide for the disclosure of information 

25 to law enforcement officials to be used solely for a 


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1 legitimate law enforcement purpose in a manner that 

2 protects the confidentiality of such information. 

3 (4) ELIGIBILITY FOR BENEFITS.—The Sec4 retary may disclose information to Federal, State, 

5 and local public and private agencies providing bene6 fits, to be used solely in making determinations of 

7 eligibility for benefits pursuant to section 431 of the 

8 Personal Responsibility and Work Opportunity Rec9 onciliation Act of 1996 (8 U.S.C. 1641). 

10 (5) ADJUDICATION OF APPLICATIONS FOR RE11 LIEF.—Government entities adjudicating applica12 tions for relief under the immigration laws and gov13 ernment personnel carrying out mandated duties 

14 under section 101(i)(1) of the Immigration and Na15 tionality Act (8 U.S.C. 1101(i)(1)), may, with the 

16 prior written consent of the noncitizen involved, 

17 communicate with nonprofit, nongovernmental vic18 tims’ service providers for the sole purpose of assist19 ing victims in obtaining victim services from pro20 grams with expertise in working with immigrant vic21 tims. Agencies receiving referrals are bound by the 

22 provisions of this section. Nothing in this paragraph 

23 shall be construed as affecting the ability of an ap24 plicant to designate a safe organization through 


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1 which Governmental agencies may communicate with 

2 the applicant. 

3 (e) RULE OF CONSTRUCTION.—Subsections (a), (b), 

4 and (c) shall not be construed as preventing— 

5 (1) disclosure of information in connection with 

6 judicial review of a determination in a manner that 

7 protects the confidentiality of such information; or 

8 (2) the Secretary from disclosing to the chair 

9 and ranking members of the Committee on the Judi10 ciary of the Senate or the Committee on the Judici11 ary of the House of Representatives, for the exercise 

12 of congressional oversight authority, information on 

13 closed cases under this section in a manner that pro14 tects the confidentiality of such information and that 

15 omits personally identifying information (including 

16 locational information about individuals). 

17 SEC. 805. COUNSELING RECORDS. 

18 (a) IN GENERAL.—Subject to subsection (b), infor19 mation shared by an unaccompanied noncitizen child in 

20 counseling sessions, and written records and notes of 

21 counseling sessions, may not be shared with the child’s 

22 case management specialist or any other employee of the 

23 Office of Refugee Resettlement, the Department of Health 

24 and Human Services, the Department of Justice, or the 

25 Department of Homeland Security. 


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1 (b) DISCLOSURE.—The information, records, and 

2 notes described in subsection (a) may be shared— 

3 (1) with an employee described in that sub4 section only if the child presents a documented im5 minent threat to himself or herself or to any other 

6 individual; or 

7 (2) with the Department of Justice or the De8 partment of Homeland Security if the child has— 

9 (A) consulted with his or her legal counsel; 

10 and 

11 (B) provides informed consent for the dis12 closure. 

13 (c) JUVENILE INFORMATION.— 

14 (1) IN GENERAL.—Juvenile information, includ15 ing records of children separated from family, shall 

16 remain confidential regardless of the child’s immi17 gration status. 

18 (2) RULE OF CONSTRUCTION.—Nothing in this 

19 Act may be construed as authorizing— 

20 (A) the disclosure of juvenile information 

21 to Federal officials absent a court order of the 

22 judge of the juvenile court on filing a petition; 

23 (B) the dissemination of juvenile informa24 tion to, or by, Federal officials absent a court 


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1 order of the judge of the juvenile court on filing 

2 a petition; 

3 (C) the attachment of juvenile information 

4 to any other document given to, or provided by, 

5 Federal officials absent prior approval of the 

6 presiding judge of the juvenile court; or 

7 (D) any disclosure that would otherwise 

8 violate this Act. 

9 (3) DEFINITION OF JUVENILE INFORMATION.— 

10 In this section, the term ‘‘juvenile information’’ in11 cludes the juvenile case file and information related 

12 to a noncitizen child (including the name, date, and 

13 place of birth of the child, the child’s health and 

14 education records, and the immigration status of the 

15 child) that is— 

16 (A) obtained or created independent of, or 

17 in connection with, immigration, asylum, or ju18 venile court proceedings of which the child is a 

19 subject; and 

20 (B) maintained by any Federal or State 

21 agency, including a court, probation office, child 

22 welfare agency, or law enforcement agency. 

23 SEC. 806. DATA PROTECTION FOR SPONSORS. 

24 (a) IN GENERAL.—With respect to any information 

25 required of sponsors or prospective sponsors or any data 


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1 collected in pursuit of sponsorship, the following protec2 tions shall apply: 

3 (1) Such information and data— 

4 (A) may not be disclosed for any purpose 

5 or effect other than reunification of the family 

6 unit, placement of a child with a sponsor, or 

7 oversight by Congress; 

8 (B) shall be immune from legal process; 

9 and 

10 (C) shall not, without the consent of the 

11 sponsor or prospective sponsor concerned, be 

12 admitted as evidence or used for any purpose in 

13 any action, suit, or other judicial or administra14 tive proceeding. 

15 (2) The Secretary or any other officer or em16 ployee of the Department of Health and Human 

17 Services may not— 

18 (A) use such information or data for any 

19 purpose other than for purposes of reunification 

20 under section 235 of the William Wilberforce 

21 Trafficking Victims Protection Reauthorization 

22 Act of 2008 (8 U.S.C. 1232); 

23 (B) make any publication in which such in24 formation or data can be identified; or 


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1 (C) permit any individual other than the 

2 sworn officers and employees of the Depart3 ment of Health and Human Services to exam4 ine such information or data. 

5 TITLE IX—MISCELLANEOUS 

6 PROVISION 

7 SEC. 901. RULE OF CONSTRUCTION. 

8 Nothing in this Act may be construed— 

9 (1) to limit the rights of a noncitizen child— 

10 (A) to preserve 1 or more issues for judi11 cial review in the appeal of an individual case; 

12 or 

13 (B) to exercise any independent right the 

14 noncitizen child may otherwise have; 

15 (2) to affect the application of the Flores settle16 ment agreement to all children in immigration cus17 tody; 

18 (3) to abrogate, modify, or replace the Flores 

19 settlement agreement; or 

20 (4) to preclude or limit Flores settlement agree21 ment class counsel from conducting independent in22 vestigations or seeking enforcement actions relating 

23 to violations of the Flores settlement agreement in 

24 any appropriate district court of the United States. 

Æ 


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