I 

113TH CONGRESS 

1ST SESSION H. R. 2624 

To provide for enhanced protections for vulnerable unaccompanied alien 

children and female detainees. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 8, 2013 

Ms. ROYBAL-ALLARD (for herself and Ms. ROS-LEHTINEN) introduced the following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committees on Homeland Security, Foreign Affairs, 

and Appropriations, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To provide for enhanced protections for vulnerable 

unaccompanied alien children and female detainees. 

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. 

4 This Act may be cited as the ‘‘Child Trafficking Vic5 tims Protection Act’’. 

6 SEC. 2. PROTECTING CHILD TRAFFICKING VICTIMS. 

7 (a) SHORT TITLE.—This section may be cited as the 

8 ‘‘Child Trafficking Victims Protection Act’’. 


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1 (b) DEFINED TERM.—In this section, the term ‘‘un2 accompanied alien children’’ has the meaning given such 

3 term in section 462 of the Homeland Security Act of 2002 

4 (6 U.S.C. 279). 

5 (c) MANDATORY TRAINING.—The Secretary, in con6 sultation with the Secretary of Health and Human Serv7 ices and independent child welfare experts, shall mandate 

8 appropriate training of all personnel who come into con9 tact with unaccompanied alien children in the relevant 

10 legal authorities, policies, practices, and procedures per11 taining to this vulnerable population. 

12 (d) CARE AND TRANSPORTATION.—Notwithstanding 

13 any other provision of law, the Secretary shall ensure that 

14 all unaccompanied alien children who will undergo any im15 migration proceedings before the Department or the Exec16 utive Office for Immigration Review are duly transported 

17 and placed in the care and legal and physical custody of 

18 the Office of Refugee Resettlement not later than 72 

19 hours after their apprehension absent exceptional cir20 cumstances, including a natural disaster or comparable 

21 emergency beyond the control of the Secretary or the Of22 fice of Refugee Resettlement. The Secretary, to the extent 

23 practicable, shall ensure that female officers are continu24 ously present during the transfer and transport of female 

25 detainees who are in the custody of the Department. 


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1 (e) QUALIFIED RESOURCES.— 

2 (1) IN GENERAL.—The Secretary shall provide 

3 adequately trained and qualified staff and resources, 

4 including the accommodation of child welfare offi5 cials, in accordance with subsection (e), at U.S. Cus6 toms and Border Protection ports of entry and sta7 tions. 

8 (2) CHILD WELFARE PROFESSIONALS.—The 

9 Secretary of Health and Human Services, in con10 sultation with the Secretary, shall hire, on a full- or 

11 part-time basis, child welfare professionals who will 

12 provide assistance, either in person or by other ap13 propriate methods of communication, in not fewer 

14 than 7 of the U.S. Customs and Border Protection 

15 offices or stations with the largest number of unac16 companied alien child apprehensions in the previous 

17 fiscal year. 

18 (f) CHILD WELFARE PROFESSIONALS.— 

19 (1) IN GENERAL.—The Secretary, in consulta20 tion with the Secretary of Health and Human Serv21 ices, shall ensure that qualified child welfare profes22 sionals with expertise in culturally competent, trau23 ma-centered, and developmentally appropriate inter24 viewing skills are available at ports of entry and sta25 tions as described in subsection (d). 


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1 (2) DUTIES.—Child welfare professionals de2 scribed in paragraph (1) shall— 

3 (A) develop guidelines for treatment of un4 accompanied alien children in the custody of the 

5 Department; 

6 (B) conduct screening of all unaccom7 panied alien children in accordance with section 

8 235(a)(4) of the William Wilberforce Traf9 ficking Victims Protection Reauthorization Act 

10 of 2008 (8 U.S.C. 1232(a)(4)); 

11 (C) notify the Department and the Office 

12 of Refugee Resettlement of children that poten13 tially meet the notification and transfer require14 ments set forth in subsections (a) and (b) of 

15 section 235 of such Act (8 U.S.C. 1232); 

16 (D) interview adult relatives accompanying 

17 unaccompanied alien children; 

18 (E) provide an initial family relationship 

19 and trafficking assessment and recommenda20 tions regarding unaccompanied alien children’s 

21 initial placements to the Office of Refugee Re22 settlement, which shall be conducted in accord23 ance with the timeframe set forth in subsections 

24 (a)(4) and (b)(3) of section 235 of such Act (8 

25 U.S.C. 1232); and 


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1 (F) ensure that each unaccompanied alien 

2 child in the custody of U.S. Customs and Bor3 der Protection— 

4 (i) receives emergency medical care 

5 when necessary; 

6 (ii) receives emergency medical and 

7 mental health care that complies with the 

8 standards adopted pursuant to section 8(c) 

9 of the Prison Rape Elimination Act of 

10 2003 (42 U.S.C. 15607(c)) whenever nec11 essary, including in cases in which a child 

12 is at risk to harm himself, herself, or oth13 ers; 

14 (iii) is provided with climate appro15 priate clothing, shoes, basic personal hy16 giene and sanitary products, a pillow, lin17 ens, and sufficient blankets to rest at a 

18 comfortable temperature; 

19 (iv) receives adequate nutrition; 

20 (v) enjoys a safe and sanitary living 

21 environment; 

22 (vi) has access to daily recreational 

23 programs and activities if held for a period 

24 longer than 24 hours; 


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1 (vii) has access to legal services and 

2 consular officials; and 

3 (viii) is permitted to make supervised 

4 phone calls to family members. 

5 (3) FINAL DETERMINATIONS.—The Office of 

6 Refugee Resettlement in accordance with applicable 

7 policies and procedures for sponsors, shall submit 

8 final determinations on family relationships to the 

9 Secretary, who shall consider such adult relatives for 

10 community-based support alternatives to detention. 

11 (4) REPORT.—Not later than 18 months after 

12 the date of the enactment of this Act, and annually 

13 thereafter, the Secretary shall submit a report to 

14 Congress that— 

15 (A) describes the screening procedures 

16 used by the child welfare professionals to screen 

17 unaccompanied alien children; 

18 (B) assesses the effectiveness of such 

19 screenings; and 

20 (C) includes data on all unaccompanied 

21 alien children who were screened by child wel22 fare professionals. 

23 (g) IMMEDIATE NOTIFICATION.—The Secretary shall 

24 notify the Office of Refugee Resettlement of an unaccom25 panied alien child in the custody of the Department as 


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1 soon as practicable, but generally not later than 48 hours 

2 after the Department encounters the child, to effectively 

3 and efficiently coordinate the child’s transfer to and place4 ment with the Office of Refugee Resettlement. 

5 (h) NOTICE OF RIGHTS AND RIGHT TO ACCESS TO

6 COUNSEL.— 

7 (1) IN GENERAL.—The Secretary shall ensure 

8 that all unaccompanied alien children, upon appre9 hension, are provided— 

10 (A) an interview and screening with a child 

11 welfare professional described in subsection 

12 (e)(1); and 

13 (B) an orientation and oral and written 

14 notice of their rights under the Immigration 

15 and Nationality Act, including— 

16 (i) their right to relief from removal; 

17 (ii) their right to confer with counsel 

18 (as guaranteed under section 292 of such 

19 Act (8 U.S.C. 1362)), family, or friends 

20 while in the temporary custody of the De21 partment; and 

22 (iii) relevant complaint mechanisms to 

23 report any abuse or misconduct they may 

24 have experienced. 


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1 (2) LANGUAGES.—The Secretary shall ensure 

2 that— 

3 (A) the video orientation and written no4 tice of rights described in paragraph (1) is 

5 available in English and in the 5 most common 

6 native languages spoken by the unaccompanied 

7 children held in custody at that location during 

8 the preceding fiscal year; and 

9 (B) the oral notice of rights is available in 

10 English and in the most common native lan11 guage spoken by the unaccompanied children 

12 held in custody at that location during the pre13 ceding fiscal year. 

14 (i) CONFIDENTIALITY.—The Secretary of Health and 

15 Human Services shall maintain the privacy and confiden16 tiality of all information gathered in the course of pro17 viding care, custody, placement, and follow-up services to 

18 unaccompanied alien children, consistent with the best in19 terest of the unaccompanied alien child, by not disclosing 

20 such information to other government agencies or non21 parental third parties unless such disclosure is— 

22 (1) recorded in writing and placed in the child’s 

23 file; 

24 (2) in the child’s best interest; and 


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1 (3)(A) authorized by the child or by an ap2 proved sponsor in accordance with section 235 of the 

3 William Wilberforce Trafficking Victims Protection 

4 Reauthorization Act of 2008 (8 U.S.C. 1232) and 

5 the Health Insurance Portability and Accountability 

6 Act (Public Law 104–191); or 

7 (B) provided to a duly recognized law enforce8 ment entity to prevent imminent and serious harm 

9 to another individual. 

10 (j) OTHER POLICIES AND PROCEDURES.—The Sec11 retary shall adopt fundamental child protection policies 

12 and procedures— 

13 (1) for reliable age determinations of children, 

14 developed in consultation with medical and child wel15 fare experts, which exclude the use of fallible foren16 sic testing of children’s bone and teeth; 

17 (2) to utilize all legal authorities to defer the 

18 child’s removal if the child faces a risk of life-threat19 ening harm upon return including due to the child’s 

20 mental health or medical condition; and 

21 (3) to ensure, in accordance with the Juvenile 

22 Justice and Delinquency Prevention Act of 1974 (42 

23 U.S.C. 5601 et seq.), that unaccompanied alien chil24 dren, while in detention, are— 


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1 (A) physically separated from any adult 

2 who is not an immediate family member; and 

3 (B) separated from— 

4 (i) immigration detainees and inmates 

5 with criminal convictions; 

6 (ii) pretrial inmates facing criminal 

7 prosecution; and 

8 (iii) inmates exhibiting violent behav9 ior. 

10 (k) REPATRIATION AND REINTEGRATION PRO11 GRAM.— 

12 (1) IN GENERAL.—The Administrator of the 

13 United States Agency for International Develop14 ment, in conjunction with the Secretary, the Sec15 retary of Health and Human Services, the Attorney 

16 General, international organizations, and nongovern17 mental organizations in the United States with ex18 pertise in repatriation and reintegration, shall en19 sure that programs in the United States and within 

20 the country of return support the safe and sustain21 able repatriation and reintegration of unaccom22 panied alien children into their country of nation23 ality or of last habitual residence, including place24 ment with their families, legal guardians, or other 

25 sponsoring agencies. 


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1 (2) REPORT ON REPATRIATION AND RE2 INTEGRATION OF UNACCOMPANIED ALIEN CHIL3 DREN.—Not later than 18 months after the date of 

4 the enactment of this Act, and annually thereafter, 

5 the Administrator of the Agency for International 

6 Development shall submit a substantive report to the 

7 Committee on the Judiciary of the Senate and the 

8 Committee on the Judiciary of the House of Rep9 resentatives on efforts to improve repatriation and 

10 reintegration programs for unaccompanied alien chil11 dren. 

12 (l) TRANSFER OF FUNDS.— 

13 (1) AUTHORIZATION.—The Secretary, in ac14 cordance with a written agreement between the Sec15 retary and the Secretary of Health and Human 

16 Services, shall transfer such amounts as may be nec17 essary to carry out the duties described in subsection 

18 (f)(2) from amounts appropriated for U.S. Customs 

19 and Border Protection to the Department of Health 

20 and Human Services. 

21 (2) REPORT.—Not later than 15 days before 

22 any proposed transfer under paragraph (1), the Sec23 retary of Health and Human Services, in consulta24 tion with the Secretary, shall submit a detailed ex25 penditure plan that describes the actions proposed to 


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1 be taken with amounts transferred under such para2 graph to— 

3 (A) the Committee on Appropriations of 

4 the Senate; and 

5 (B) the Committee on Appropriations of 

6 the House of Representatives. 

Æ 


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