II 

118TH CONGRESS 

2D SESSION S. 4393 

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

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2024 

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

WARREN, Mr. SCHATZ, Mr. MARKEY, Ms. KLOBUCHAR, Mr. SANDERS, 

Ms. HIRONO, and Ms. DUCKWORTH) 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 2024’’. 

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. 

TITLE I—PROCEDURES AND TEMPORARY PLACEMENTS 

FOLLOWING APPREHENSION 


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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. 

Sec. 303. Placement. 

Sec. 304. Planning for emergencies and influxes. 

Sec. 305. Influx facility standards and staffing. 


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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) BEST INTERESTS OF THE CHILD.—With re4 spect to an accompanied noncitizen child or unac5 companied noncitizen child, the term ‘‘best interests 

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

7 extent practicable by the child and the parents or 


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1 guardian and extended family of the child, that 

2 takes into account— 

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

4 (B) the expressed interests of the child, 

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

6 development; 

7 (C) the physical and mental health of the 

8 child; 

9 (D) the right of the child to— 

10 (i) family integrity; 

11 (ii) liberty; and 

12 (iii) development; and 

13 (E) the identity of the child, including reli14 gious, ethnic, linguistic, gender, sexual orienta15 tion, and cultural identity. 

16 (2) CHILDCARE FACILITY.—The term 

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

18 Department of Health and Human Services, or a 

19 contractor or grantee of the Department of Health 

20 and Human Services, that— 

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

22 (B) provides residential care for unaccom23 panied noncitizen children. 

24 (3) DIRECTOR.—The term ‘‘Director’’ means 

25 the Director of the Office of Refugee Resettlement. 


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1 (4) FLORES SETTLEMENT AGREEMENT.—The 

2 term ‘‘Flores settlement agreement’’ means the stip3 ulated settlement agreement in Reno v. Flores, as 

4 filed in the United States District Court for the 

5 Central District of California on January 17, 1997 

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

7 decisions, orders, agreements, and stipulations. 

8 (5) IMMIGRATION CUSTODY.—The term ‘‘immi9 gration custody’’ means the physical custody of the 

10 Secretary of Health and Human Services or the Sec11 retary of Homeland Security (or the head of any 

12 successor agency of the Department of Health and 

13 Human Services or the Department of Homeland 

14 Security). 

15 (6) INFLUX.—The term ‘‘influx’’ means a pe16 riod— 

17 (A) beginning on the date on which, for 

18 not less than 7 consecutive days, the net avail19 able bed capacity of State-licensed programs 

20 that is occupied or held for placement by unac21 companied noncitizen children is 85 percent or 

22 more; and 

23 (B) ending on the date on which, for not 

24 less than 7 consecutive days, such bed capacity 

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1 panied noncitizen children is less than 85 per2 cent. 

3 (7) INFLUX FACILITY.—The term ‘‘influx facil4 ity’’ means any facility established to provide tem5 porary emergency shelter and services for unaccom6 panied noncitizen children during an influx or emer7 gency. 

8 (8) NONCITIZEN.—The term ‘‘noncitizen’’ 

9 means an individual who is not a citizen or national 

10 of the United States. 

11 (9) NONCITIZEN CHILD.—The term ‘‘noncitizen 

12 child’’ means a noncitizen under the age of 18 years. 

13 (10) 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 

17 who 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 (11) OMBUDSPERSON.—The term 

23 ‘‘Ombudsperson’’ means the Ombudsperson of the 

24 Office of the Ombudsperson for Unaccompanied 

25 Noncitizen Children established under section 601. 


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1 (12) OUT-OF-NETWORK FACILITY.—The term 

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

3 facility, including a mental health facility, or any 

4 other location that— 

5 (A) is used to provide residential care for 

6 unaccompanied noncitizen children; and 

7 (B) is not an Office of Refugee Resettle8 ment facility. 

9 (13) PROSPECTIVE SPONSOR.—The term ‘‘pro10 spective sponsor’’ means an individual or entity who 

11 applies for custody of an unaccompanied noncitizen 

12 child. 

13 (14) SECRETARY.—The term ‘‘Secretary’’ 

14 means the Secretary of Health and Human Services. 

15 (15) SECURE FACILITY.—The term ‘‘secure fa16 cility’’ means any public or private facility that is 

17 opened by a program, agency, or organization that 

18 is licensed by an appropriate State agency to provide 

19 residential care for children who have been adju20 dicated delinquent. 

21 (16) SPECIAL NEEDS NONCITIZEN CHILD.—The 

22 term ‘‘special needs noncitizen child’’— 

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

24 18 years, the mental or physical condition of 

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1 ment and special treatment by the staff of a 

2 childcare facility; and 

3 (ii) includes such an individual who— 

4 (I) has special needs due to drug or 

5 alcohol abuse, serious emotional disturb6 ance, mental illness, developmental or cog7 nitive delay, or a physical condition or 

8 chronic illness that requires special services 

9 or treatment; 

10 (II) is an individual with a disability 

11 (as defined in section 3 of the Americans 

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

13 12102)); or 

14 (III) requires special services or treat15 ment as a result of neglect or abuse; and 

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

17 of age or older, means such a child who con18 sents to such designation, services, and treat19 ment. 

20 (17) SPONSOR.—The term ‘‘sponsor’’ means an 

21 individual or entity who has been approved by the 

22 Director to assume care of an unaccompanied non23 citizen child on release from the custody of the Sec24 retary. 


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1 (18) STAFF-SECURE FACILITY.—The term 

2 ‘‘staff-secure facility’’— 

3 (A) means any public or private facility 

4 that is licensed by an appropriate State agency 

5 to provide residential care for children who have 

6 been determined to require close or intensive 

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

8 (B) does not include a facility that pro9 vides residential care to children who have been 

10 adjudicated delinquent. 

11 (19) STATE-LICENSED PROGRAM.—The term 

12 ‘‘State-licensed program’’ means any public or pri13 vate program, agency, or organization licensed by an 

14 appropriate State agency to provide residential, 

15 group, or foster care services for unaccompanied 

16 noncitizen children (including a program operating 

17 group homes, foster homes, or facilities for special 

18 needs noncitizen children) that complies with appli19 cable— 

20 (A) State child welfare laws, regulations, 

21 and policies; 

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

23 and safety laws and regulations; 

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

25 and privacy laws, as applicable; and 


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1 (D) State staffing and training require2 ments. 

3 (20) TENDER AGE MINOR.—The term ‘‘tender 

4 age minor’’ means an individual who is 12 years of 

5 age or younger or has the developmental age of such 

6 an individual. 

7 (21) UNACCOMPANIED NONCITIZEN CHILD.— 

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

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

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

11 2002 (6 U.S.C. 279(g)). 

12 TITLE I—PROCEDURES AND 

13 TEMPORARY PLACEMENTS 

14 FOLLOWING APPREHENSION 

15 SEC. 101. PROHIBITION ON FAMILY SEPARATION. 

16 (a) IN GENERAL.—A noncitizen child shall remain 

17 physically together with their parent, legal guardian, or 

18 nonparent family member at all times while in the custody 

19 of the Secretary of Homeland Security or the Secretary 

20 of Health and Human Services, unless— 

21 (1) the noncitizen child requests privacy tempo22 rarily; 

23 (2) during the screening process, a determina24 tion is made based on clear and convincing evidence 

25 that the parent or legal guardian of the noncitizen 


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1 child, or the nonparent family member of the child 

2 who has been determined by a child welfare expert 

3 to be suitable to provide care and physical custody 

4 of the child in the United States, presents an immi5 nent threat to United States national security or is 

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

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

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

9 (3) the child welfare expert documents, based 

10 on clear and convincing evidence, that the continued 

11 care of the noncitizen child by the parent, legal 

12 guardian, or nonparent family member is likely to 

13 result in serious emotional or physical damage to the 

14 child. 

15 (b) ROLE OF DHS.—An employee or contractor of 

16 the Department of Homeland Security may not play any 

17 role in the documentation or determination described in 

18 subsection (a). 

19 (c) 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 reunify 


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1 the child with the individual from whom they were 

2 separated; 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 (d) 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 chil14 dren 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 (e) TREATMENT OF UNACCOMPANIED CHILDREN

24 TRAVELING WITH CERTAIN CAREGIVERS.—Unaccom25 panied children traveling with a nonparent family member 


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1 shall be treated by the Secretary of Health and Human 

2 Services in accordance with paragraph (3)(C) of section 

3 235(b) of the William Wilberforce Trafficking Victims 

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

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

6 (f) STAFFING.— 

7 (1) CHILD WELFARE EXPERTS.—The Secretary 

8 of Health and Human Services shall hire child wel9 fare experts to carry out the screening process de10 scribed in subsection (a). 

11 (2) QUALIFICATIONS.—Each child welfare ex12 pert hired under this subsection shall— 

13 (A) be professionally trained and licensed 

14 in social work; 

15 (B) have direct experience providing trau16 ma-informed care to children who have experi17 enced trauma; and 

18 (C) be proficient in Spanish or 1 of the top 

19 5 most common languages spoken by noncitizen 

20 children in the past 5 years. 

21 SEC. 102. PROTECTIONS FOR NONCITIZEN CHILDREN. 

22 Section 235 of the William Wilberforce Trafficking 

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

24 1232) is amended— 


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

2 each place it appears and inserting ‘‘unaccompanied 

3 noncitizen child’’; 

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

5 each place it appears and inserting ‘‘unaccompanied 

6 noncitizen child’s’’; 

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

8 each place it appears and inserting ‘‘unaccompanied 

9 noncitizen children’’; 

10 (4) by striking ‘‘unaccompanied alien chil11 dren’s’’ each place it appears and inserting ‘‘unac12 companied noncitizen children’s’’; 

13 (5) in subsection (a)— 

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

15 (B) by redesignating paragraphs (3) and 

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

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

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

19 and inserting ‘‘UNACCOMPANIED NONCITIZEN’’; 

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

21 (i) in subparagraph (C), in the sub22 paragraph heading, by striking ‘‘UNACCOM23 PANIED ALIEN CHILDREN’’ and inserting 

24 ‘‘UNACCOMPANIED NONCITIZEN CHIL25 DREN’’; and 


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1 (ii) in subparagraph (D), in the mat2 ter preceding clause (i), by striking ‘‘, ex3 cept for an unaccompanied alien child from 

4 a contiguous country subject to exceptions 

5 under subsection (a)(2),’’; and 

6 (E) by inserting after paragraph (3), as re7 designated, the following: 

8 ‘‘(4) CHILD CAREGIVER PROFESSIONALS AT

9 THE BORDER.— 

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

11 Homeland Security shall ensure that a licensed 

12 child caregiver professional is physically present 

13 to provide onsite expertise at each— 

14 ‘‘(i) land port of entry at which non15 citizen children are most likely to enter; 

16 ‘‘(ii) Border Patrol station on the 

17 southern border; and 

18 ‘‘(iii) U.S. Customs and Border Pro19 tection processing facility and reception 

20 center, regardless of whether such facility 

21 or center is temporary in nature. 

22 ‘‘(B) QUALIFICATIONS.— 

23 ‘‘(i) IN GENERAL.—Such a child care24 giver professional— 

25 ‘‘(I) shall— 


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1 ‘‘(aa) be professionally 

2 trained and licensed to provide 

3 services to children; 

4 ‘‘(bb) have direct experience 

5 providing trauma-informed care 

6 to children who have experienced 

7 trauma; and 

8 ‘‘(cc) subject to clause (ii), 

9 be proficient in Spanish or 1 of 

10 the top 5 most common lan11 guages spoken by noncitizen chil12 dren in the past 5 years; and 

13 ‘‘(II) may be a licensed childcare 

14 worker, licensed pediatric health pro15 fessional, or licensed child welfare 

16 professional. 

17 ‘‘(ii) PHASE-IN OF LANGUAGE PRO18 FICIENCY.—During the 3-year period be19 ginning on the date of the enactment of 

20 the Children’s Safe Welcome Act of 2024, 

21 25 percent of the child caregiver profes22 sionals hired by the Secretary of Homeland 

23 Security to carry out the duties under this 

24 section shall be exempt from clause 

25 (i)(III). 


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

2 caregiver professional shall oversee the care of 

3 noncitizen children in U.S. Customs and Border 

4 Protection facilities, consistent with the stand5 ards established under sections 104 and 105 of 

6 the Children’s Safe Welcome Act of 2024, in7 cluding by— 

8 ‘‘(i) issuing and ensuring access to 

9 adequate food, hydration, hygiene neces10 sities, clothing, and other supplies as need11 ed; 

12 ‘‘(ii) supporting general care to in13 fants and children, including monitoring, 

14 changing diapers, assisting with toilet use 

15 and handwashing, feeding any child who is 

16 not able to feed himself or herself, and 

17 identifying and tending to other similar 

18 basic needs of children as such needs arise; 

19 ‘‘(iii) providing supervision and sup20 port to children during recreational and ex21 ercise activities; 

22 ‘‘(iv) maintaining a safe working envi23 ronment and observing and encouraging 

24 adherence to safety rules and health guide25 lines; and 


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1 ‘‘(v) referring any suspected or re2 ported medical or mental health issues to 

3 onsite Border Patrol or U.S. Customs and 

4 Border Protection personnel and medical 

5 personnel. 

6 ‘‘(D) AVAILABILITY.—Caregiver services 

7 provided under this paragraph shall be— 

8 ‘‘(i) available 24 hours per day, 7 

9 days per week, including on weekends and 

10 Federal holidays; and 

11 ‘‘(ii) provided by a mixed-gender staff, 

12 including not fewer than 1 male and 1 fe13 male staff member at all times. 

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) subject to paragraph (2) or (3) of 

20 section 101(a) of the Children’s Safe Welcome 

21 Act of 2024, release the child together with the 

22 parent, adoptive parent, or legal guardian, as 

23 applicable; and 

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

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1 munity-based organization with experience pro2 viding services to immigrant, refugee, and asy3 lum-seeking populations. 

4 ‘‘(6) RELEASE OF CHILDREN APPREHENDED

5 WITH NONPARENT FAMILY MEMBERS.—In the case 

6 of a child apprehended with a nonparent family 

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

8 to be an appropriate sponsor for the child, the Sec9 retary of Health and Human Services shall— 

10 ‘‘(A) subject to paragraph (2) or (3) of 

11 section 101(a) of the Children’s Safe Welcome 

12 Act of 2024, release the child together with the 

13 nonparent family member; and 

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

15 support from a qualified nongovernmental com16 munity-based organization with experience pro17 viding services to immigrant, refugee, and asy18 lum-seeking populations. 

19 ‘‘(7) PROHIBITION ON OPERATION OF FAMILY

20 DETENTION FACILITIES.—The Federal Government 

21 may not operate, under any circumstance, a family 

22 detention facility.’’; 

23 (6) in subsection (b)— 

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

25 heading, by striking ‘‘UNACCOMPANIED ALIEN


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1 CHILDREN’’ and inserting ‘‘UNACCOMPANIED

2 NONCITIZEN CHILDREN’’; 

3 (B) in paragraph (3)— 

4 (i) in the paragraph heading, by strik5 ing ‘‘UNACCOMPANIED ALIEN CHILDREN’’ 

6 and inserting ‘‘UNACCOMPANIED NONCIT7 IZEN CHILDREN’’; 

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

9 exceptional circumstances,’’ and inserting 

10 the following: 

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

12 exceptional circumstances, subject to subpara13 graph (B),’’; and 

14 (iii) by adding at the end the fol15 lowing: 

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

17 BORDER PROTECTION CUSTODY.—Under no cir18 cumstance may the Commissioner hold an unac19 companied or accompanied noncitizen child in 

20 custody for more than 72 hours. 

21 ‘‘(C) RECEPTION CENTERS.— 

22 ‘‘(i) DESIGNATION.—The Commis23 sioner shall designate 1 or more reception 

24 centers located within 100 miles of each 

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1 tion on the southern border for the pur2 pose of conducting expedited evaluations 

3 described in clause (iii). 

4 ‘‘(ii) TRANSFER.—In the case of an 

5 unaccompanied noncitizen child appre6 hended with a nonparent family member, 

7 the Commissioner shall immediately trans8 fer the child and his or her 1 or more non9 parent family members, as applicable, to a 

10 reception center designated under clause 

11 (i) for the purpose of an evaluation under 

12 clause (iii). 

13 ‘‘(iii) EXPEDITED EVALUATIONS.— 

14 ‘‘(I) IN GENERAL.—On the ar15 rival of an unaccompanied noncitizen 

16 child apprehended with a nonparent 

17 family member at a designated recep18 tion center, a case manager or case 

19 coordinator of the Department of 

20 Health and Human Services shall 

21 evaluate the child to determine wheth22 er he or she may be released safely 

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1 ily member with whom the child was 

2 apprehended. 

3 ‘‘(II) PRIVATE SPACE.—The 

4 Commissioner shall make available in 

5 each designated reception center a 

6 private space in which such a case 

7 manager or case coordinator may 

8 carry out such evaluations. 

9 ‘‘(iv) STAFFING.— 

10 ‘‘(I) CASE MANAGERS AND CASE

11 COORDINATORS.— 

12 ‘‘(aa) IN GENERAL.—Case 

13 managers and case coordinators 

14 of the Department of Health and 

15 Human Services shall be detailed 

16 to designated reception centers 

17 for brief periods to ensure the 

18 independence of Department of 

19 Health and Human Services staff 

20 from the duties and functions of 

21 U.S. Customs and Border Pro22 tection. 

23 ‘‘(bb) DUTIES.—A case 

24 manager or case coordinator de25 tailed to a designated reception 


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1 center shall assist the Federal 

2 field specialist at the reception 

3 center in verifying family rela4 tionships and screening each un5 accompanied noncitizen child ap6 prehended with a nonparent fam7 ily member for safety concerns 

8 using existing or newly developed 

9 Department of Health and 

10 Human Services tools and skills, 

11 including document review, obser12 vation, and interviews of the 

13 child and family members. 

14 ‘‘(II) FEDERAL FIELD SPECIAL15 ISTS.— 

16 ‘‘(aa) IN GENERAL.—Fed17 eral field specialists of the De18 partment of Health and Human 

19 Services shall prioritize for review 

20 the release decisions for any child 

21 arriving at the border of the 

22 United States with a relative who 

23 is not a parent of the child, 

24 whom the Director of the Office 

25 of Refugee Resettlement would 


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1 consider as a potential sponsor 

2 for the child. 

3 ‘‘(bb) DUTIES.—Such a 

4 Federal field specialist shall work 

5 with case managers and case co6 ordinators to review the rec7 ommendation of case managers 

8 or case coordinators with respect 

9 to the qualification of such rel10 atives as sponsors for such chil11 dren. 

12 ‘‘(III) LEGAL SERVICES PRO13 VIDERS.—The Secretary of Health 

14 and Human Services shall enter into 

15 1 or more contracts with nongovern16 mental legal services providers to pro17 vide legal orientation presentations to 

18 accompanied noncitizen children and 

19 unaccompanied noncitizen children ap20 prehended with nonparent family 

21 members and their parents or legal 

22 guardians or nonparent family mem23 bers, as applicable, under consider24 ation for expedited release under this 

25 subparagraph. 


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1 ‘‘(v) RELEASE DECISION.—The Sec2 retary of Health and Human Services shall 

3 make a determination with respect to expe4 dited release under this subparagraph not 

5 later than 72 hours after the child has 

6 been determined to be an unaccompanied 

7 noncitizen child. 

8 ‘‘(vi) RELEASE OF NONPARENT FAM9 ILY MEMBER.— 

10 ‘‘(I) IN GENERAL.—If the Sec11 retary of Health and Human Services 

12 determines that the nonparent family 

13 member of an unaccompanied noncit14 izen child apprehended with a non15 parent family member is a safe spon16 sor, and the applicable Federal field 

17 specialist and case manager or case 

18 coordinator have verified the family 

19 relationship, the Commissioner shall 

20 approve the release of the nonparent 

21 family member for the purpose of re22 unification with the child. 

23 ‘‘(II) RETENTION OF UNACCOM24 PANIED NONCITIZEN CHILD DETER25 MINATION.—An unaccompanied nonVerDate Sep 11 2014 00:58 May 25, 2024 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S4393.IS S4393

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1 citizen child released to a nonparent 

2 family member who is released under 

3 subclause (I) shall retain his or her 

4 determination as an unaccompanied 

5 noncitizen child. 

6 ‘‘(III) POST-RELEASE COUNSEL

7 AND SERVICES.—The Secretary of 

8 Health and Human Services shall pro9 vide to each child released to a non10 parent family member who is released 

11 under subclause (I) post-release coun12 sel and services, such as legal counsel, 

13 in the location in which the child’s re14 moval proceedings are scheduled. 

15 ‘‘(vii) TRANSFER TO OFFICE OF REF16 UGEE RESETTLEMENT CUSTODY.— 

17 ‘‘(I) IN GENERAL.—If the Sec18 retary of Health and Human Services 

19 cannot make a determination with re20 spect to whether a nonparent family 

21 member is an imminent substantial 

22 and credible threat to a child within 

23 72 hours after the Commissioner has 

24 made the unaccompanied noncitizen 

25 child determination, or if an unaccomVerDate Sep 11 2014 00:58 May 25, 2024 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S4393.IS S4393

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1 panied noncitizen child apprehended 

2 with a nonparent family member is 

3 denied expedited release under this 

4 subparagraph— 

5 ‘‘(aa) such child shall be 

6 placed in the least restrictive set7 ting; 

8 ‘‘(bb) notice shall be pro9 vided to the nonparent family 

10 member and the parents or legal 

11 guardians of the child, to the ex12 tent such individuals may be 

13 ascertained and contacted, with 

14 respect to— 

15 ‘‘(AA) the reason for 

16 the inability to timely make 

17 such determination or for 

18 the denial; and 

19 ‘‘(BB) the location of 

20 the child’s transfer and any 

21 subsequent transfer; and 

22 ‘‘(cc) the family relationship 

23 shall be documented. 

24 ‘‘(II) APPOINTMENT OF CHILD

25 ADVOCATE.—In the case of a child deVerDate Sep 11 2014 00:58 May 25, 2024 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S4393.IS S4393

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1 nied expedited release under this sub2 paragraph, the Secretary of Health 

3 and Human Services shall appoint a 

4 child advocate for the child. 

5 ‘‘(viii) PROHIBITION.—The adjudica6 tion of asylum applications shall not be 

7 carried out in a reception center des8 ignated under this subparagraph. 

9 ‘‘(D) TRANSPORTATION.— 

10 ‘‘(i) IN GENERAL.—Except as pro11 vided in clause (ii), the Commissioner may 

12 not transport any unaccompanied noncit13 izen child in a vehicle with a detained adult 

14 who is not related to the child. 

15 ‘‘(ii) EXCEPTION.— 

16 ‘‘(I) IN GENERAL.—The Commis17 sioner may transport an unaccom18 panied noncitizen child in a vehicle 

19 with such an adult only from the 

20 place of arrest or apprehension to a 

21 U.S. Customs and Border Protection 

22 facility. 

23 ‘‘(II) PRECAUTIONS.—In trans24 porting an unaccompanied noncitizen 

25 child under subclause (I), the ComVerDate Sep 11 2014 00:58 May 25, 2024 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S4393.IS S4393

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1 missioner shall take necessary pre2 cautions for the protection and well3 being of the unaccompanied noncitizen 

4 child.’’; and 

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

6 ‘‘(5) SUBSTANTIVE AND PROCEDURAL PROTEC7 TIONS.— 

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

9 that a child is an unaccompanied noncitizen 

10 child, the unaccompanied noncitizen child shall 

11 be afforded, for the duration of the unaccom12 panied noncitizen child’s removal proceedings, 

13 all substantive and procedural protections pro14 vided under this section and any other applica15 ble Federal law. 

16 ‘‘(B) UNACCOMPANIED NONCITIZEN CHILD

17 DETERMINATION.—No Federal agency, officer, 

18 or personnel may— 

19 ‘‘(i) reevaluate or revoke a determina20 tion that a child is an unaccompanied non21 citizen child, unless an age assessment con22 ducted by the Secretary of Health and 

23 Human Services consistent with section 

24 105(h) of the Children’s Safe Welcome Act 


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1 of 2024 indicates that the individual is 18 

2 years of age or older; or 

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

4 protection provided for unaccompanied 

5 noncitizen children under Federal law, in6 cluding on the basis of— 

7 ‘‘(I) the reunification of an unac8 companied noncitizen child with a 

9 parent or legal guardian; 

10 ‘‘(II) the release of an unaccom11 panied noncitizen child to a nonparent 

12 family member in accordance with 

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

14 ‘‘(III) an unaccompanied noncit15 izen child having attained 18 years of 

16 age.’’; 

17 (7) in subsection (d)(8), in the paragraph head18 ing, by striking ‘‘UNACCOMPANIED ALIEN CHIL19 DREN’’ and inserting ‘‘UNACCOMPANIED NONCITIZEN

20 CHILDREN’’; 

21 (8) by striking subsection (g); 

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

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

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


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1 ‘‘(i) ACCESS TO LEGAL SERVICES.—Each child in im2 migration custody, including accompanied noncitizen chil3 dren, shall— 

4 ‘‘(1) receive a legal orientation presentation; 

5 and 

6 ‘‘(2) have access to legal counsel and child ad7 vocates. 

8 ‘‘(j) TREATMENT OF ADULT FAMILY MEMBERS AP9 PREHENDED WITH CHILDREN.— 

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

11 or a nonparent family member who is apprehended 

12 with a child shall be placed in removal proceedings 

13 under section 240 of the Immigration and Nation14 ality Act (8 U.S.C. 1229a). 

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

16 guardian or nonparent family member and the child 

17 concerned shall be provided an opportunity— 

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

19 legal counsel; and 

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

21 necessary to ensure— 

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

23 cases for relief from removal; and 

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


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1 ‘‘(k) REMOVAL PROCEEDINGS FOR ACCOMPANIED

2 NONCITIZEN CHILDREN.—With respect to an accom3 panied noncitizen child, the child and their parent or legal 

4 guardian may only be placed in removal proceedings under 

5 section 240 of the Immigration and Nationality Act (8 

6 U.S.C. 1229a). 

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

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

9 term ‘accompanied noncitizen child’ means a noncit10 izen under 18 years of age who— 

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

12 the United States; and 

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

14 parent, adoptive parent, or legal guardian. 

15 ‘‘(2) COMMISSIONER.—The term ‘Commis16 sioner’ means the Commissioner of U.S. Customs 

17 and Border Protection. 

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

19 HANDS OF THE PARENT, LEGAL GUARDIAN, OR NON20 PARENT FAMILY MEMBER.—The term ‘danger of 

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

22 guardian, or nonparent family member’ shall not 

23 mean migrating to or crossing the United States 

24 border. 


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1 ‘‘(4) NONPARENT FAMILY MEMBER.—With re2 spect to an unaccompanied noncitizen child appre3 hended with a nonparent family member, the term 

4 ‘nonparent family member’ means an individual who 

5 is— 

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

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

8 grandparent, aunt, uncle, first cousin, sibling, 

9 and fictive kin. 

10 ‘‘(5) UNACCOMPANIED NONCITIZEN CHILD.— 

11 The term ‘unaccompanied noncitizen child’ has the 

12 meaning given the term ‘unaccompanied alien child’ 

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

14 2002 (6 U.S.C. 279(g)). 

15 ‘‘(6) UNACCOMPANIED NONCITIZEN CHILD AP16 PREHENDED WITH A NONPARENT FAMILY MEM17 BER.—The term ‘unaccompanied noncitizen child 

18 apprehended with a nonparent family member’ 

19 means an unaccompanied noncitizen child who is ap20 prehended while traveling with a nonparent family 

21 member.’’. 


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1 SEC. 103. NONADVERSARIAL ASYLUM PROCESSING FOR 

2 NONCITIZEN CHILDREN. 

3 Section 208(b)(3)(C) of the Immigration and Nation4 ality Act (8 U.S.C. 1158(b)(3)(C)) is amended to read as 

5 follows: 

6 ‘‘(C) NONADVERSARIAL ASYLUM PROC7 ESSING FOR CHILDREN.—The Director of U.S. 

8 Citizenship and Immigration Services shall have 

9 jurisdiction over the asylum application of an 

10 individual who— 

11 ‘‘(i) has been classified as an unac12 companied noncitizen child (as defined in 

13 section 235 of the William Wilberforce 

14 Trafficking Victims Protection Reauthor15 ization Act of 2008 (8 U.S.C. 1232)), re16 gardless of the age or marital status of the 

17 individual on the date on which he or she 

18 files an asylum application; 

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

20 parent, adoptive parent, or legal guardian, 

21 regardless of the age or marital status of 

22 the individual on the date on which he or 

23 she files an asylum application; or 

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

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


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

2 PROTECTION DETENTION OF NONCITIZEN 

3 CHILDREN. 

4 (a) INITIAL PROCESSING OF NONCITIZEN CHILDREN

5 AND FAMILIES WITH NONCITIZEN CHILDREN.— 

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

7 Customs and Border Protection (referred to in this 

8 title as the ‘‘Commissioner’’) may only detain a non9 citizen child for the purpose of initial processing. 

10 (2) TIME LIMITATION.—Under no circumstance 

11 may the Commissioner detain a family with a non12 citizen child for more than 72 hours. 

13 (b) PRIORITIZATION OF BEST INTERESTS OF THE

14 CHILD AND FAMILY UNITY.—In all decisions undertaken 

15 by the Commissioner with respect to the detention of a 

16 noncitizen child, the Commissioner shall prioritize— 

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

18 and 

19 (2) in the case of a noncitizen child appre20 hended with a parent, legal guardian, or nonparent 

21 family member, family unity. 

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

23 PROTECTION FACILITIES HOUSING NONCIT24 IZEN CHILDREN. 

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

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


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

2 made by this Act. 

3 (b) HUMANITARIAN ACCESS.— 

4 (1) IN GENERAL.—Not later than 90 days after 

5 the date of the enactment of this Act, the Secretary 

6 of Homeland Security and the Secretary of Health 

7 and Human Services shall jointly develop operating 

8 procedures to provide employees of the Department 

9 of Health and Human Services immediate access to 

10 any U.S. Customs and Border Protection facility so 

11 as to facilitate the humane treatment of individuals 

12 and families encountered at the border. 

13 (2) ELEMENTS.—The procedures developed 

14 under paragraph (1) shall, at a minimum, provide 

15 that— 

16 (A) for each U.S. Customs and Border 

17 Protection facility in which an individual may 

18 be detained in U.S. Customs and Border Pro19 tection custody longer than 72 hours, the De20 partment of Health and Human Services shall 

21 have access to a separate designated space in 

22 the facility so that Department of Health and 

23 Human Services employees may conduct med24 ical and mental health screenings, ensure op25 portunities for general hygiene, provide adeVerDate Sep 11 2014 00:58 May 25, 2024 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S4393.IS S4393

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1 quate food and hydration, offer nursing and 

2 diapering supplies, and provide appropriate 

3 space for children; and 

4 (B) employees of the Department of 

5 Health and Human Services at such a facility 

6 shall immediately begin efforts— 

7 (i) to reunify unaccompanied children 

8 with sponsors in the United States; and 

9 (ii) verify family relationships to en10 sure that unaccompanied children who ar11 rive with a nonparent family member may 

12 remain in the care of such nonparent fam13 ily member. 

14 (c) NATIONAL STANDARDS ON TRANSPORT, ESCORT, 

15 DETENTION, AND SEARCH.— 

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

17 the date of the enactment of this Act, the Commis18 sioner, in consultation with stakeholder organiza19 tions that serve immigrant and refugee children and 

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

21 and Border Protection standards entitled ‘‘National 

22 Standards on Transport, Escort, Detention, and 

23 Search’’ issued in October 2015, to identify nec24 essary improvements with respect to the treatment 


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

2 Border Protection custody. 

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

4 the date on which the review required by paragraph 

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

6 standards to incorporate the improvements identified 

7 by the review. 

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

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

10 Customs and Border Protection facility that houses 

11 1 or more noncitizen children shall attain compliance 

12 with the revised standards. 

13 (d) FACILITY REQUIREMENTS.— 

14 (1) IN GENERAL.—The Commissioner shall en15 sure that each U.S. Customs and Border Protection 

16 facility that houses 1 or more noncitizen children is 

17 safe and sanitary and promotes an appropriate and 

18 healthy environment for children. 

19 (2) CHILDREN’S AREA.— 

20 (A) IN GENERAL.—The Commissioner 

21 shall ensure that each U.S. Customs and Bor22 der Protection facility that houses 1 or more 

23 noncitizen children includes— 

24 (i) a dedicated physical environment 

25 that is appropriate for children of all ages 


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1 and stages of development (referred to in 

2 this paragraph as a ‘‘children’s area’’); and 

3 (ii) an outdoor recreation area. 

4 (B) ELEMENTS.—Each children’s area 

5 shall be colorful and include— 

6 (i) low, warm lights; 

7 (ii) child-sized furniture and equip8 ment, including developmentally appro9 priate books and toys that facilitate struc10 tured and unstructured play; 

11 (iii) child-friendly images and dis12 plays; 

13 (iv) a children’s bathroom; 

14 (v) a diaper-changing area and access 

15 to sanitation; 

16 (vi) nursing chairs for breastfeeding 

17 mothers; and 

18 (vii) an area in which children may sit 

19 and rest comfortably. 

20 (C) CHILD CAREGIVER PROFESSIONAL

21 STAFFING.—Each children’s area shall be 

22 staffed by 1 or more individuals who are profes23 sionally trained and licensed to provide services 

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1 ers, licensed pediatric health professionals, and 

2 licensed child welfare professionals. 

3 (3) MEDICAL SCREENING AND CARE.— 

4 (A) IN GENERAL.—The Commissioner 

5 shall ensure that— 

6 (i) except as provided in subparagraph 

7 (F)(i), not later than 6 hours after the ar8 rival of a noncitizen child at a U.S. Cus9 toms and Border Protection facility, the 

10 child receives a medical screening con11 ducted by a licensed physician, advanced 

12 practice provider, nurse, or physician’s as13 sistant in accordance with this paragraph; 

14 (ii) a noncitizen child in the custody 

15 of the Commissioner shall have unre16 stricted access to appropriate medication 

17 for the management of an illness or injury 

18 of the child; 

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

20 a medical assistive device or other health 

21 care support item, the noncitizen child, or 

22 the parent, legal guardian, or nonparent 

23 family member of the child, is permitted 

24 unrestricted access to the device or item; 


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1 (iv) on release from such custody, a 

2 noncitizen child, or the parent, legal guard3 ian, or nonparent family member of the 

4 child, is provided with documentation of 

5 the child’s medical screening and care, in6 cluding the need for any followup while in 

7 such custody, in accordance with subpara8 graph (B)(viii); and 

9 (v) medication in possession of a non10 citizen child, or in the possession of the 

11 child’s parent, legal guardian, or non12 parent family member, on arrival shall not 

13 be destroyed or discarded before the review 

14 and determination under subparagraph 

15 (B)(vi) occur. 

16 (B) DUTIES OF MEDICAL PROFES17 SIONAL.—With respect to a medical screening 

18 required by subparagraph (A) and the care of 

19 a noncitizen child at a U.S. Customs and Bor20 der Protection facility, a licensed physician, ad21 vanced practice provider, nurse, or physician’s 

22 assistant attending the child at the facility 

23 shall— 

24 (i) assess and identify any illness, con25 dition, or physical ailment; 


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1 (ii)(I) identify any acute condition or 

2 elevated medical risk; and 

3 (II) in the case of a child for which 

4 such a condition or risk is identified, con5 sult with a licensed pediatrician or pedi6 atric subspecialist; 

7 (iii) ensure that appropriate health 

8 care is provided to the child as necessary, 

9 including pediatric and reproductive health 

10 care; 

11 (iv) in the case of a child under 12 

12 years of age, conduct a physical examina13 tion of the child in the presence of a par14 ent, legal guardian, or family member; 

15 (v) in the case of a child who is 12 

16 years of age or older— 

17 (I) provide the child with the 

18 choice of— 

19 (aa) a physical examination 

20 in the presence of a parent, legal 

21 guardian, or nonparent family 

22 member; or 

23 (bb) a private physical ex24 amination without the presence 


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1 of a parent, legal guardian, or 

2 nonparent family member; and 

3 (II) conduct such examination in 

4 accordance with the child’s preference; 

5 (vi) review any medication that is in 

6 the possession of the child on arrival to de7 termine whether the medication shall be 

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

9 legal guardian, or nonparent family mem10 ber, as applicable; 

11 (vii) in the case of a medication de12 scribed in clause (vi) that may not be kept 

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

14 guardian, or nonparent family member for 

15 medical storage purposes, such as a medi16 cation that requires refrigeration, ensure 

17 storage with appropriate access for the 

18 child’s use while in U.S. Customs and Bor19 der Protection custody; 

20 (viii) ensure that the medical screen21 ing and care under this paragraph, and 

22 any other medical evaluation of or inter23 vention for the child conducted while the 

24 child is in the custody of the Commis25 sioner, is documented in accordance with 


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1 commonly accepted standards in the 

2 United States for medical records docu3 mentation; and 

4 (ix) ensure that a copy of all medical 

5 records and documentation of any medical 

6 screening and any other medical evaluation 

7 of, or intervention for, the child conducted 

8 while the child is in the custody of the 

9 Commissioner is— 

10 (I) provided to the child and the 

11 child’s parent, legal guardian, or non12 parent family member before the child 

13 is released from such custody; or 

14 (II) in the case of a child who is 

15 transferred to the custody of the Di16 rector, sent to the Office of Refugee 

17 Resettlement immediately upon such 

18 transfer. 

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 follow-up 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 non7 parent family members, shall be per8 mitted to accompany the child to such 

9 medical facility and stay with the 

10 child if so accompanying the child 

11 does not pose a serious safety risk to 

12 the child, as determined by a child 

13 welfare expert. 

14 (iii) ONGOING AVAILABILITY OF

15 TRANSPORTATION.—The Commissioner 

16 shall maintain— 

17 (I) appropriate transportation at 

18 each U.S. Customs and Border Pro19 tection facility that houses 1 or more 

20 noncitizen children to ensure the 

21 availability of transport to outside 

22 medical facilities in the case of a med23 ical emergency; or 


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1 (II) an on-call service to provide 

2 such transportation to such a facility 

3 within 30 minutes. 

4 (G) RULE OF CONSTRUCTION.—Nothing in 

5 this paragraph shall be construed to require a 

6 noncitizen child, parent, legal guardian, or non7 parent family member to disclose the child’s 

8 medical history. 

9 (4) SERVICES AND SUPPLIES.—The Commis10 sioner shall ensure that each U.S. Customs and Bor11 der Protection facility that houses 1 or more noncit12 izen children is in compliance with the following 

13 standards at all times: 

14 (A) TEMPERATURE.—The temperature in15 side the facility shall be maintained between 70 

16 and 73 degrees Fahrenheit. 

17 (B) VENTILATION.—The facility shall com18 ply with the most recent guidance issued by the 

19 Centers for Disease Control and Prevention 

20 with respect to ventilation in buildings to miti21 gate the spread of COVID–19. 

22 (C) FOOD AND WATER.— 

23 (i) IN GENERAL.—Food shall be pro24 vided— 


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1 (I) in a manner that follows Fed2 eral food safety laws and regulations; 

3 and 

4 (II) according to the guidelines of 

5 the American Association of Pediat6 rics and the American College of Ob7 stetricians and Gynecologists with re8 spect to nutrition, consistency, cal9 ories, and portion size, consistent with 

10 the age of each child. 

11 (ii) MEALS AND SNACKS.— 

12 (I) ARRIVAL.—On arrival at the 

13 facility, a child shall be provided with 

14 a healthy, nutritious, and culturally 

15 appropriate meal. 

16 (II) MEALS.—Meals shall— 

17 (aa) be served daily to all 

18 noncitizen children for breakfast, 

19 lunch, and dinner, of which not 

20 fewer than 2 meals daily shall be 

21 served hot; and 

22 (bb) include a variety of 

23 fresh fruit, vegetables, a protein, 

24 and grains. 


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1 (III) SNACKS.—Noncitizen chil2 dren shall have unrestricted access to 

3 healthy snacks. 

4 (IV) LIMITATION ON

5 UNHEALTHFUL FOODS.—The avail6 ability of highly processed foods and 

7 sugars shall be limited. 

8 (iii) WATER.—Each noncitizen child 

9 shall— 

10 (I) be provided with not less than 

11 1 gallon of drinking water or age-ap12 propriate fluids daily; and 

13 (II) have unrestricted access to 

14 drinking water. 

15 (iv) ACCOMMODATION.—A noncitizen 

16 child’s individual dietary needs or restric17 tions shall be accommodated. 

18 (v) SPECIAL CONSIDERATIONS FOR IN19 FANTS AND YOUNG CHILDREN.— 

20 (I) BOTTLE FEEDING.— 

21 (aa) IN GENERAL.—On ar22 rival at a facility, the parent, 

23 legal guardian, or nonparent 

24 family member of a noncitizen 

25 child using a bottle for feeding 


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1 shall be offered 2 clean baby bot2 tles, a bottle brush, dish soap, 

3 and enough bottled water and 

4 baby formula for not less than 96 

5 ounces of formula milk. 

6 (bb) ADDITIONAL SUP7 PLIES.—Additional baby formula 

8 and bottled water, and access to 

9 a bottle warmer, shall be pro10 vided on request of the parent, 

11 legal guardian, or nonparent 

12 family member. 

13 (II) BREASTFEEDING.—In the 

14 case of any noncitizen child who is 

15 breastfeeding at the time of arrival at 

16 the facility— 

17 (aa) continued breastfeeding 

18 shall be supported; and 

19 (bb) the breastfeeding moth20 er of each such noncitizen child 

21 shall be provided with privacy, 

22 blankets, a quiet area for 

23 breastfeeding, a nursing chair, 

24 and adequate amounts of food 

25 and water consistent with the diVerDate Sep 11 2014 00:58 May 25, 2024 Jkt 049200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S4393.IS S4393

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1 etary needs of a breastfeeding 

2 mother. 

3 (D) HYGIENE.— 

4 (i) CLOTHES AND SHOES.—Each non5 citizen child shall be provided with a set of 

6 clean clothes, and on request, a pair of 

7 shoes in good condition and warm clothing. 

8 (ii) SHOWERS.— 

9 (I) IN GENERAL.—Each noncit10 izen child shall be provided access to 

11 a hot shower with a barrier for pri12 vacy. 

13 (II) ACCESS.—A noncitizen child 

14 shall be provided access to additional 

15 hot showers on request. 

16 (III) TEMPERATURE.—Hot water 

17 for a shower under this clause shall be 

18 set at a temperature consistent with 

19 the temperature required under 

20 childcare facility standards for 

21 childcare facilities licensed in the 

22 State in which the facility is located. 

23 (iii) MENSTRUATION SUPPLIES.— 

24 Each female noncitizen child shall be ofVerDate Sep 11 2014 00:58 May 25, 2024 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S4393.IS S4393

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1 fered immediately a supply of tampons and 

2 pads at no cost. 

3 (iv) DIAPERING.— 

4 (I) IN GENERAL.—The parent, 

5 legal guardian, or other family mem6 ber of each noncitizen child using dia7 pers shall be provided immediately 

8 with 3 size-appropriate diapers and a 

9 packet of diaper wipes. 

10 (II) ADDITIONAL DIAPERS.—Ad11 ditional diapers and diaper wipes shall 

12 be provided on request at no cost. 

13 (III) DIAPER CHANGING AREA.— 

14 The parent, legal guardian, or other 

15 family member of each such noncit16 izen child shall be provided— 

17 (aa) access to a safe and 

18 sanitary area in which to change 

19 the child’s diaper; 

20 (bb) a clean diaper changing 

21 pad; and 

22 (cc) a handwashing station. 

23 (v) BATHROOMS.—Each noncitizen 

24 child shall be provided access to bath25 rooms. 


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1 (E) SLEEP.— 

2 (i) MATS, BLANKETS, AND PIL3 LOWS.— 

4 (I) IN GENERAL.—On arrival, 

5 each noncitizen child shall be provided 

6 with a clean mat that is not less than 

7 3 inches thick, a clean cloth blanket, 

8 and a clean pillow. 

9 (II) ADDITIONAL BLANKETS.—A 

10 noncitizen child shall be provided with 

11 additional blankets on request by the 

12 child or the parent, legal guardian, or 

13 other family member of the child. 

14 (ii) QUIET LOCATION.—On request or 

15 if there are signs of a noncitizen child feel16 ing tired, the child shall be provided with 

17 access to a quiet location in which to sleep 

18 that has dimmed lights. 

19 (iii) SCHEDULE.—Between the hours 

20 of 9:00 p.m. and 6:00 a.m.— 

21 (I) noncitizen children shall have 

22 access to lighting that is safe and con23 ducive to sleep; and 

24 (II) noise shall be at a level con25 ducive to sleep. 


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1 (F) RECREATION.— 

2 (i) IN GENERAL.—Noncitizen children 

3 shall have access to age-appropriate rec4 reational activities, including indoor and 

5 outdoor spaces for physical activity, toys, 

6 art supplies, sports equipment, and books. 

7 (ii) OUTDOOR PLAY.—Noncitizen chil8 dren shall be allowed to play outside for 

9 not less than 30 minutes every 3 hours 

10 during daylight hours. 

11 (G) RELIGIOUS PRACTICE.—Noncitizen 

12 children shall be permitted to practice their reli13 gion or to not practice a religion, as applicable. 

14 (5) NOTICE OF RIGHTS.— 

15 (A) IN GENERAL.—The Ombudsperson 

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

17 shall be posted in each U.S. Customs and Bor18 der Protection facility that houses children in 

19 any location in which noncitizen children are lo20 cated. 

21 (B) DESCRIPTION OF RIGHTS.—The notice 

22 required by subparagraph (A) shall include— 

23 (i) a description of— 

24 (I) all rights afforded to a noncit25 izen child under section 235 of the 


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1 William Wilberforce Trafficking Vic2 tims Protection Reauthorization Act 

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

4 (II) the right to a bond redeter5 mination hearing; and 

6 (III) any other existing mecha7 nism by which children may seek to 

8 enforce their rights, including place9 ment review panels; and 

10 (ii) a list of pro bono legal services 

11 providers and contact information for such 

12 providers. 

13 (C) FORMAT AND LANGUAGES.— 

14 (i) IN GENERAL.—Such notice shall 

15 be— 

16 (I) written in a manner that is 

17 child friendly and age-appropriate; 

18 and 

19 (II) made available and posted in 

20 multiple languages, including the top 

21 20 preferred languages. 

22 (ii) ADDITIONAL LANGUAGES.—The 

23 Ombudsperson may require such notice to 

24 be made available and posted in any addi25 tional language the Ombudsperson conVerDate Sep 11 2014 00:58 May 25, 2024 Jkt 049200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S4393.IS S4393

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1 siders necessary based on the demo2 graphics of arriving noncitizen children. 

3 (D) AVAILABILITY.—A child caregiver pro4 fessional of the Department of Homeland Secu5 rity shall provide each noncitizen child with 

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

7 Customs and Border Protection facility. 

8 (e) SEPARATION FROM UNFAMILIAR ADULTS.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), an unaccompanied noncitizen child in the 

11 custody of the Commissioner shall be physically sep12 arated from any adult who is not related to the 

13 child. 

14 (2) IMMEDIATE SEPARATION NOT FEASIBLE.— 

15 In any circumstance in which such separation is not 

16 immediately feasible, such as during transport to a 

17 U.S. Customs and Border Protection facility, an un18 accompanied noncitizen child shall not be left alone 

19 with such an adult or detained with such an adult 

20 for more than 6 hours. 

21 (f) STAFF TRAINING.— 

22 (1) IN GENERAL.—The Commissioner shall en23 sure that— 

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

25 Border Protection facility in which 1 or more 


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1 noncitizen children are housed receives training 

2 on responding to the needs of children and fam3 ilies exposed to trauma, including training on— 

4 (i) the principles and practices of 

5 trauma-informed care and psychological 

6 first aid; 

7 (ii) vicarious traumatization and sec8 ondary stress; and 

9 (iii) recognizing the signs of a child in 

10 medical distress; and 

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

12 safety and well-being of noncitizen children in 

13 U.S. Customs and Border Protection custody 

14 are satisfactorily provided for by facility staff. 

15 (2) RULEMAKING.— 

16 (A) IN GENERAL.—The Commissioner 

17 shall issue regulations that require Border Pa18 trol and Office of Field Operations officials to 

19 participate in regular training so as to ensure 

20 that such officials treat all individuals in their 

21 custody with dignity, prevent abuse, and ensure 

22 constitutionally guaranteed and humane condi23 tions of confinement. 

24 (B) ELEMENTS.—The regulations required 

25 by subparagraph (A) shall do the following: 


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

2 Protection officials from— 

3 (I) discussing immigration out4 comes with detained individuals; and 

5 (II) using derogatory language 

6 towards individuals in their custody. 

7 (ii) Address matters of child develop8 ment, mental health and trauma, children 

9 with special needs, cultural competency, 

10 and any other matter the Commissioner 

11 considers appropriate. 

12 (iii) Require foreign language com13 petency and interview protocols in cases in 

14 which interpretation is required. 

15 (iv) Require continuing education in 

16 any subject necessary to ensure compliance 

17 with this Act or the amendments made by 

18 this Act. 

19 (g) MONITORING AND OVERSIGHT.— 

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

21 and Border Protection facilities with this Act and 

22 section 235 of the William Wilberforce Trafficking 

23 Victims Protection Reauthorization Act of 2008 (8 

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

25 Ombudsperson, in accordance with section 601. 


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1 (2) POSTING OF OMBUDSPERSON’S CONTACT

2 INFORMATION.— 

3 (A) IN GENERAL.—The Commissioner 

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

5 Protection facility in which 1 or more noncit6 izen children are housed, the contact informa7 tion for the Ombudsperson in multiple lan8 guages, including the top 20 preferred lan9 guages. 

10 (B) ADDITIONAL LANGUAGES.—The 

11 Ombudsperson may require such contact infor12 mation to be posted in any additional language 

13 the Ombudsperson considers necessary based on 

14 the demographics of arriving noncitizen chil15 dren. 

16 (h) AGE ASSESSMENTS.— 

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

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

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

20 standards applicable to noncitizen children in immi21 gration custody, unless following an age assessment, 

22 it is established by clear and convincing evidence 

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

24 (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) any other existing mechanism by which 

23 children may seek to enforce their rights, in24 cluding placement review panels; and 


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1 (2) a list of pro bono legal services providers 

2 and contact information for such providers. 

3 (c) FORMAT AND LANGUAGES.— 

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

5 (A) written in a manner that is child 

6 friendly and age-appropriate; and 

7 (B) made available and posted in multiple 

8 languages, including the top 20 preferred lan9 guages. 

10 (2) ADDITIONAL LANGUAGES.—The 

11 Ombudsperson may require that such notice be 

12 made available and posted in any additional lan13 guage the Ombudsperson considers necessary based 

14 on the demographics of arriving noncitizen children. 

15 (d) ORIENTATION TO ROLE OF OFFICE OF THE

16 OMBUDSPERSON.—Each State-licensed program that op17 erates a childcare facility shall provide to each unaccom18 panied noncitizen child in its care— 

19 (1) information about the Office of the 

20 Ombudsperson; and 

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

22 Ombudsperson. 

23 SEC. 203. STAFFING AND TRAINING. 

24 (a) FEDERAL FIELD SPECIALISTS.—The Director 

25 shall— 


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1 (1) maintain for each childcare facility a rea2 sonable Federal field specialist-to-unaccompanied 

3 noncitizen child ratio; 

4 (2) hire additional Federal field specialists as 

5 necessary to ensure that, for the majority of unac6 companied noncitizen children in the custody of the 

7 Secretary, a decision regarding their release can be 

8 made by Federal field specialists not later than 48 

9 hours after the approval of a release recommenda10 tion to a sponsor; and 

11 (3) develop and manage a plan for expeditiously 

12 placing unaccompanied noncitizen children who have 

13 no identified sponsor in the least restrictive setting 

14 that most approximates a family. 

15 (b) CASE MANAGEMENT SPECIALISTS.—The Direc16 tor shall ensure that each State-licensed program that op17 erates a childcare facility— 

18 (1) maintains a ratio of 8 unaccompanied non19 citizen children to each case management specialist; 

20 (2) provides training for case management spe21 cialists that enables the Department of Health and 

22 Human Services to meet required timelines for the 

23 reunification of unaccompanied noncitizen children 

24 in accordance with section 231(c); and 


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1 (3) develops accountability measures with re2 spect to the adherence of case management special3 ists to such timelines. 

4 (c) CONTINGENCY FUND TO ADDRESS EMERGENT

5 NEEDS.— 

6 (1) IN GENERAL.—In addition to amounts oth7 erwise available, there is appropriated to the Sec8 retary of Health and Human Services, out of any 

9 money in the Treasury not otherwise appropriated, 

10 $46,500,000, to remain available until expended, for 

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

12 ‘‘Fund’’) for the hiring of case management special13 ists as required by an influx or any other emergent 

14 situation for the purpose of facilitating the release 

15 process and minimizing the risk that childcare facili16 ties reach full capacity. 

17 (2) USE OF FUND.— 

18 (A) DISCRETIONARY USE.—The Director 

19 may draw upon the Fund to reduce the ratio to 

20 6 unaccompanied noncitizen children for each 

21 case management specialist if— 

22 (i) the national utilization rate (ex23 cluding funded but unplaceable beds and 

24 calculated as the number of filled beds di25 vided by the number of beds available for 


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1 placement, expressed as a percentage) 

2 reaches or exceeds 65 percent in any week; 

3 or 

4 (ii) the Director certifies to Congress 

5 that the rate of increase in childcare facil6 ity usage, as calculated by the Director for 

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

8 has led the Director to believe that such 

9 national utilization rate will reach 90 per10 cent in any week during the subsequent 

11 10-week period. 

12 (B) MANDATORY USE.—The Director shall 

13 draw upon the Fund to reduce the ratio to 6 

14 unaccompanied noncitizen children for each 

15 case management specialist if such national uti16 lization rate reaches or exceeds 90 percent in 

17 any week. 

18 (d) TRAINING.— 

19 (1) IN GENERAL.—With respect to the per20 sonnel of a State-licensed program that operates a 

21 childcare facility, the Director shall provide regular 

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

23 for 30 days, for such personnel who interact with 

24 unaccompanied noncitizen children, including youth 

25 care workers, that is— 


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

2 unaccompanied noncitizen children at the spe3 cific childcare facility; and 

4 (B) consistent across the Office of Refugee 

5 Resettlement’s network of State-licensed pro6 grams. 

7 (2) TOPICS.—The training required by para8 graph (1) shall address the following topics: 

9 (A) Ethical standards of conduct based on 

10 accepted child welfare principles with respect to 

11 the care of unaccompanied noncitizen children. 

12 (B) Mental health and trauma. 

13 (C) Child development. 

14 (D) Prevention of sexual abuse and harass15 ment. 

16 (E) Cultural humility. 

17 (F) Racial sensitivity. 

18 (G) De-escalation techniques to avert un19 necessary involvement of local law enforcement 

20 prior to exhaustion of alternative, trauma-in21 formed care, treatment, and restorative re22 sponses. 

23 (H) Disabilities. 

24 (3) SPECIFIC TRAINING FOR STAFF WORKING

25 WITH EARLY CHILDHOOD MINORS.—The Director 


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1 shall ensure that personnel who interact with unac2 companied noncitizen children who are early child3 hood minors receive specialized training relevant to 

4 the needs and capacities of such children. 

5 (4) DEVELOPMENT OF TRAINING MATERIALS.— 

6 The Director, in collaboration with stakeholders who 

7 have expertise in child migration, child mental 

8 health, and child development, shall— 

9 (A) develop written, audio, or visual mate10 rials with which training under this subsection 

11 may be conducted; and 

12 (B) before distribution to personnel of such 

13 State-licensed programs, provide the 

14 Ombudsperson with such materials. 

15 (5) DEPARTMENT OF HEALTH AND HUMAN

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

17 date of the enactment of this Act, the Secretary 

18 shall provide appropriate guidance and training for 

19 all Department of Health and Human Services em20 ployees with respect to the requirements of this Act. 

21 Subtitle B—Services for Unaccom22 panied Noncitizen Children 

23 SEC. 211. REQUIRED SERVICES. 

24 (a) PROVISION OF REQUIRED SERVICES.—A State25 licensed program that operates a childcare facility shall 


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1 provide the following services for each unaccompanied 

2 noncitizen child in its care: 

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

4 comprehensive orientation regarding— 

5 (A) the rights of the unaccompanied non6 citizen child; 

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

8 (C) the services, rules, procedures, and ex9 pectations of the State-licensed program; and 

10 (D) the availability of legal assistance. 

11 (2) Proper physical care and maintenance, in12 cluding suitable living accommodations, food, appro13 priate clothing, and personal hygiene items. 

14 (3) Not later than 2 business days after admis15 sion to the childcare facility, a comprehensive med16 ical examination that includes screening for infec17 tious disease. 

18 (4) Appropriate, ongoing, and routine medical 

19 and dental care, as prescribed by a licensed physi20 cian, advanced practice provider, nurse, or physician 

21 assistant, including— 

22 (A) reproductive health and family plan23 ning services; 

24 (B) emergency health care services; 


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1 (C) immunizations in accordance with the 

2 Centers for Disease Control and Prevention 

3 guidelines; 

4 (D) administration of prescribed medica5 tion and special diets; and 

6 (E) mental health screening and interven7 tion, including referrals. 

8 (5) An individualized needs assessment, which 

9 shall include the following: 

10 (A) Collection of essential data relating to 

11 the identification and history of the unaccom12 panied noncitizen child and family. 

13 (B) Identification of any special needs of 

14 the unaccompanied noncitizen child, including 

15 any need that requires immediate intervention. 

16 (C) An educational assessment and plan. 

17 (D) An assessment of family relationships. 

18 (E) A statement of religious preference 

19 and practice. 

20 (F) An assessment of the personal goals, 

21 strengths, and weaknesses of the unaccom22 panied noncitizen child. 

23 (G) Collection of identifying information 

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1 ing in the United States and who may be able 

2 to assist in family reunification. 

3 (6) A comprehensive individual plan for the 

4 care of the unaccompanied noncitizen child, which 

5 shall be— 

6 (A) developed in accordance with the 

7 child’s needs, as determined by the individual8 ized needs assessment under paragraph (5); 

9 and 

10 (B) implemented and closely coordinated 

11 through an operative case management system. 

12 (7) Education services, as described in section 

13 213. 

14 (8) Recreational activities, as described in sec15 tion 214. 

16 (9) Counseling services, including— 

17 (A) not fewer than 2 weekly individual 

18 counseling sessions conducted by licensed men19 tal health professionals, including social work20 ers, psychologists, and psychiatric staff; and 

21 (B) not fewer than 1 weekly group coun22 seling session conducted by licensed mental 

23 health professionals, including social workers, 

24 psychologists, or psychiatric staff. 


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1 (10) Acculturation and adaptation services, in2 cluding the provision of information regarding the 

3 development of social and interpersonal skills. 

4 (11) Religious and spiritual services of the un5 accompanied noncitizen child’s choice, if any. 

6 (12) Case management services designed to 

7 identify relatives or prospective sponsors in the 

8 United States and ensure the quick release of the 

9 unaccompanied noncitizen child from the custody of 

10 the Secretary. 

11 (13) Visitation and contact with family mem12 bers, regardless of the immigration status of the 

13 family members. An unaccompanied noncitizen child 

14 and family members of such a child shall be pro15 vided with a private, confidential space to meet in 

16 during such visitation. The Secretary of Homeland 

17 Security may not pursue enforcement actions 

18 against such family members during or immediately 

19 before or after such visitation. 

20 (14) Telephone and video access for contacting 

21 parents, family members, and caregivers, in a pri22 vate space that ensures confidentiality, at no cost to 

23 the unaccompanied noncitizen child, family member, 

24 or caregiver. An unaccompanied noncitizen child 

25 shall be permitted such access not fewer than 4 


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1 times weekly for a period of not less than 30 min2 utes each time. 

3 (15) A reasonable right to privacy, including 

4 the right of the unaccompanied noncitizen child— 

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

6 available; 

7 (B) to retain a private space in the 

8 childcare facility for the storage of personal be9 longings; 

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

11 permitted by the rules and regulations of the 

12 State-licensed program; 

13 (D) to visit privately with guests, as per14 mitted by such rules and regulations; and 

15 (E) to receive and send uncensored cor16 respondence. 

17 (16) Legal services information regarding the 

18 availability of free legal assistance, the right to be 

19 represented by counsel, screenings and legal orienta20 tion presentations, and facilitated, confidential ac21 cess to counsel, as described in title IV. 

22 (b) CONSIDERATIONS FOR PROVISION OF SERV23 ICES.—A State-licensed program that operates a childcare 

24 facility shall provide the services described in subsection 

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


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1 language, and complex needs of each unaccompanied non2 citizen child. 

3 (c) RULES AND DISCIPLINE STANDARDS.— 

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

5 standards of such a State-licensed program shall 

6 be— 

7 (A) formulated with consideration given to 

8 the age ranges, developmental stages, and de9 gree of trauma experienced by the unaccom10 panied noncitizen children in the applicable 

11 childcare facility; and 

12 (B) culturally sensitive to the needs of 

13 such children. 

14 (2) PROHIBITED MEASURES.—Such a State-li15 censed program may not subject any unaccompanied 

16 noncitizen child to— 

17 (A) corporal punishment, physical or chem18 ical restraint, seclusion, humiliation, verbal or 

19 mental abuse, or punitive interference with the 

20 daily functions of living, such as eating, sleep21 ing, or bathroom access; or 

22 (B) any disciplinary measure that— 

23 (i) adversely affects the health or 

24 physical or psychological well-being of the 

25 unaccompanied noncitizen child; or 


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1 (ii) denies an unaccompanied noncit2 izen child regular meals, water, sleep, exer3 cise, medical care, correspondence privi4 leges, legal assistance, education, recre5 ation, bathroom access, or any other serv6 ice described in subsection (a). 

7 (d) RECORDKEEPING.— 

8 (1) INDIVIDUAL CASE RECORDS.—The operator 

9 of each childcare facility and influx facility shall de10 velop, maintain, and safeguard individual client case 

11 records on each unaccompanied noncitizen child in 

12 care at the facility. 

13 (2) CONFIDENTIALITY.—The operator of each 

14 childcare facility and influx facility shall develop and 

15 maintain a system of accountability that preserves 

16 the confidentiality of client information and protects 

17 such records from unauthorized use or disclosure in 

18 accordance with section 804. 

19 (3) REPORTING.—The operator of each 

20 childcare facility and influx facility shall maintain 

21 adequate records and make regular reports, as re22 quired by the Ombudsperson, that permit the 

23 Ombudsperson to monitor and enforce this Act, the 

24 amendments made by this Act, and any other re25 quirement or standard determined by the 


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1 Ombudsperson to be in the best interests of unac2 companied noncitizen children. 

3 SEC. 212. EVALUATION FOR DISABILITY. 

4 (a) IN GENERAL.—The Director shall provide unac5 companied noncitizen children who present an indication 

6 of a disability with an evaluation for services under section 

7 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 

8 and provide unaccompanied noncitizen children with dis9 abilities with services (including accommodations) through 

10 an individualized plan that includes a plan for prompt re11 lease. 

12 (b) RECORDS.—Any record of a screening or an eval13 uation conducted under this section, and any record re14 lated to a decision with respect to the release of an unac15 companied noncitizen child with a disability, shall be main16 tained separately from the unaccompanied noncitizen 

17 child’s immigration file (commonly known as an ‘‘A18 File’’). 

19 SEC. 213. EDUCATION. 

20 (a) CURRICULUM.— 

21 (1) STATE STANDARDS.—A State-licensed pro22 gram shall provide educational instruction to unac23 companied noncitizen children using a curriculum 

24 that— 


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1 (A) includes access to physical education, 

2 art, and other electives; and 

3 (B) is consistent with the licensing and 

4 academic standards of the State in which the 

5 State-licensed program is located. 

6 (2) BASIC ACADEMIC AREAS.—The basic aca7 demic areas covered by such curriculum shall include 

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

9 (b) LICENSING AND CERTIFICATION REQUIRE10 MENTS.— 

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

12 counselors, and support staff providing education to 

13 unaccompanied noncitizen children at a childcare fa14 cility shall— 

15 (A) meet local and State certification or li16 censure requirements; and 

17 (B) in the case of an unaccompanied non18 citizen child in custody for a period longer than 

19 60 days or who was previously attending school 

20 in the United States, ensure that the child re21 ceives transferable credit. 

22 (c) INSTRUCTION.— 

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

24 childcare facility shall be— 


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1 (A) appropriate to the level of development 

2 and communication skills of an unaccompanied 

3 noncitizen child; and 

4 (B) provided in a structured classroom set5 ting on a weekly basis Monday through Friday. 

6 (2) CLASS SIZE.—An unaccompanied noncitizen 

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

8 teacher-to-student ratio exceeds the applicable State 

9 maximum ratio. 

10 (d) LANGUAGE ACCESS AND EDUCATIONAL ENVI11 RONMENT.—The educational program at a childcare facil12 ity shall— 

13 (1) include instruction and reading materials, 

14 educational and otherwise, in the primary languages 

15 of the unaccompanied noncitizen children at the 

16 childcare facility; and 

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

18 and physically safe environment. 

19 (e) INDIVIDUAL EDUCATION PROGRAM.—A State-li20 censed program that operates a childcare facility shall pro21 vide any eligible unaccompanied noncitizen child who is 

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

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

24 1401)) with special education and related services pursu25 ant to an individualized education program that is develVerDate Sep 11 2014 00:58 May 25, 2024 Jkt 049200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S4393.IS S4393

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1 oped for the unaccompanied noncitizen child and is con2 sistent with the requirements provided under the Individ3 uals with Disabilities Education Act (20 U.S.C. 1401 et 

4 seq.). 

5 (f) OTHER EDUCATIONAL OPPORTUNITIES.—The 

6 educational program of such a State-licensed program 

7 shall include educational opportunities addressing per8 sonal, social, emotional, intellectual, and employment 

9 skills. 

10 SEC. 214. RECREATION. 

11 (a) IN GENERAL.—A State-licensed program that op12 erates a childcare facility shall provide recreational oppor13 tunities that meet or exceed— 

14 (1) the guidelines of the Department of Health 

15 and Human Services entitled ‘‘2018 Physical Activ16 ity Guidelines for Americans’’; and 

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

18 Sports, Fitness, and Nutrition. 

19 (b) ACTIVITIES.— 

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

21 leisure time, which shall include daily outdoor activ22 ity, weather permitting, shall include— 

23 (A) not less than 1 hour daily of large24 muscle activity; and 


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1 (B) not less than 1 hour daily of struc2 tured leisure time activities, which shall not in3 clude time spent watching television or video. 

4 (2) DAYS ON WHICH SCHOOL IS NOT IN SES5 SION.—The periods scheduled for activities described 

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

7 hours daily on any day on which school is not in ses8 sion. 

9 (3) RECREATION AREAS.—Not less frequently 

10 than weekly, a State-licensed program that does not 

11 have an adequate on-site recreation area shall take 

12 children to off-site parks, community recreation cen13 ters, or other suitable locations. 

14 (4) LANGUAGE-APPROPRIATE READING MATE15 RIALS.—A State-licensed program shall provide ap16 propriate reading materials in the preferred lan17 guages of unaccompanied noncitizen children for use 

18 during 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 The Director shall deny the foster care placement 

13 for an unaccompanied alien child if the criminal his14 tory of a resident of a potential foster care place15 ment includes a conviction— 

16 (A) for child abuse or trafficking; or 

17 (B) that has a direct and immediate im18 pact on the safety of the unaccompanied alien 

19 child. 

20 SEC. 224. ADDITIONAL REQUIREMENTS RELATING TO CHIL21 DREN WITH DISABILITIES AND CHILDREN 

22 WITH MENTAL HEALTH NEEDS. 

23 (a) PRIORITIZATION OF RELEASE.—The Director 

24 shall prioritize the release to sponsors of unaccompanied 

25 noncitizen children with disabilities so that such children 


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1 may receive, in the community rather than in immigration 

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

3 to their needs. 

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

5 the case of an unaccompanied noncitizen child with dis6 abilities who cannot be expeditiously released, the Director 

7 shall provide access to any necessary service in the least 

8 restrictive integrated setting possible until a family-based 

9 placement is secured. 

10 (c) SUPPORT.—The Director shall support unaccom11 panied noncitizen children with disabilities by— 

12 (1) contracting with a range of placements so 

13 as to ensure that integrated settings are available 

14 for such children; 

15 (2) providing resources to support placement, 

16 such as by connecting providers with community17 based services or assisting with licensing variances; 

18 and 

19 (3) developing and delivering trauma-informed 

20 disability-related training to all frontline care pro21 vider staff, in collaboration with stakeholders who 

22 have expertise in serving children with disabilities. 

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

24 of all childcare facilities and foster care placements shall 

25 have appropriate State licensing and documented capaVerDate Sep 11 2014 00:58 May 25, 2024 Jkt 049200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S4393.IS S4393

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1 bility to house unaccompanied noncitizen children with 

2 disabilities. 

3 SEC. 225. MINIMIZING TRANSFERS. 

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

5 (1) minimize transfer of unaccompanied noncit6 izen children among childcare facilities and between 

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

8 and 

9 (2) ensure that— 

10 (A) the Ombudsperson tracks any third or 

11 subsequent transfer of a child between childcare 

12 facilities or placements; 

13 (B) unaccompanied noncitizen children re14 main in the least restrictive settings that most 

15 approximate a family; and 

16 (C) unaccompanied noncitizen children who 

17 are siblings are housed together in the same 

18 childcare facility unless there is an extraor19 dinary need for specialized care, such as inpa20 tient health care services. 

21 (b) NOTICE.— 

22 (1) IN GENERAL.—In the case of an unaccom23 panied noncitizen child who is transferred to another 

24 childcare facility or foster family home placement, 


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1 not less than 48 hours before the transfer occurs, 

2 the Director shall— 

3 (A) notify the child in a language and for4 mat the child understands; and 

5 (B) notify and provide a justification for 

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

7 or local legal services provider, and child advo8 cate, as applicable. 

9 (2) EXCEPTION.— 

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

11 apply in an unusual and compelling cir12 cumstance, such as— 

13 (i) a circumstance in which— 

14 (I) the safety of the unaccom15 panied noncitizen child or any other 

16 individual is threatened; or 

17 (II) the child has previously at18 tempted to abscond from custody; or 

19 (ii) a case in which the unaccom20 panied noncitizen child’s legal counsel has 

21 waived notice under that paragraph. 

22 (B) NOTICE AFTER TRANSFER.—In the 

23 case of a circumstance or waiver described in 

24 subparagraph (A), notice shall be provided to 

25 the unaccompanied noncitizen child’s legal 


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1 counsel or local legal services provider, and 

2 child advocate, as applicable, not later than 24 

3 hours after the transfer. 

4 (c) POSSESSIONS AND LEGAL PAPERS.—The Direc5 tor shall ensure that any unaccompanied noncitizen child 

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

7 papers. 

8 SEC. 226. RESTRICTIVE PLACEMENTS. 

9 (a) DEFINITIONS.—In this section: 

10 (1) RESTRICTIVE PLACEMENT.—The term ‘‘re11 strictive placement’’ means— 

12 (A) a staff-secure facility; 

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

14 (C) a placement in any setting other than 

15 a childcare facility, an influx facility, or licensed 

16 foster care placement. 

17 (2) THERAPEUTIC CHILDCARE FACILITY.—The 

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

19 (A) congregate care facility for the purpose 

20 of rehabilitation or residential treatment; and 

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

22 home the staff of which has specialized training 

23 to care for children and adolescents with signifi24 cant emotional, behavioral, social, or medical 

25 needs. 


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1 (b) PLACEMENT REVIEW HEARINGS FOR TRANSFERS

2 TO RESTRICTIVE PLACEMENTS.— 

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

4 unaccompanied noncitizen child to a restrictive 

5 placement, the Director shall provide an administra6 tive placement review hearing conducted in accord7 ance with sections 554 through 557 of title 5, 

8 United States Code. 

9 (2) NOTICE.— 

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

11 subparagraph (B), the Director shall provide 

12 written notice of intent to transfer an unaccom13 panied noncitizen child to a restrictive place14 ment to the child concerned and the child’s 

15 legal counsel and child advocate. 

16 (B) EXCEPTION.—The Director may 

17 transfer an unaccompanied noncitizen child to a 

18 restrictive placement without providing notice 

19 under subparagraph (A) only if the Director 

20 has a reasonable belief, based on clearly 

21 articulable facts, that the child is a present, im22 minent danger to himself or herself or to oth23 ers. 

24 (C) ELEMENTS.—A notice required by 

25 subparagraph (A) shall include, in a language 


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1 and format the unaccompanied noncitizen child 

2 understands, the following: 

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

4 hearing under paragraph (1). 

5 (ii) A description of the individualized 

6 allegations relied on by the Director in 

7 support of such transfer, including all sup8 porting evidence. 

9 (iii) An explanation that the unaccom10 panied noncitizen child— 

11 (I) has a right to contest such 

12 transfer at such hearing; and 

13 (II) may submit additional evi14 dence, including witness testimony. 

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

16 this subsection shall occur not less than— 

17 (A) 72 hours after the unaccompanied 

18 noncitizen child concerned receives notice under 

19 paragraph (2); and 

20 (B) 5 business days before the transfer to 

21 the restrictive placement is scheduled to occur. 

22 (4) PROCEDURAL MATTERS.— 

23 (A) NEUTRAL FACT FINDER.—A hearing 

24 under this subsection shall be presided over by 

25 a neutral fact finder who— 


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

2 Refugee Resettlement; and 

3 (ii) has expertise in child welfare. 

4 (B) RIGHTS OF CHILD.— 

5 (i) IN GENERAL.—At a hearing under 

6 this subsection, an unaccompanied noncit7 izen child shall have— 

8 (I) the right to counsel; and 

9 (II) the right and opportunity to 

10 confront, inspect, and rebut the evi11 dence alleged to justify the transfer to 

12 a restrictive placement. 

13 (ii) WAIVER OF PRESENCE.—With the 

14 assistance of counsel, an unaccompanied 

15 noncitizen child may waive his or her pres16 ence at a hearing under this subsection. 

17 (C) AVAILABILITY OF OFFICE OF REFUGEE

18 RESETTLEMENT RECORDS.—The Director shall 

19 disclose to the unaccompanied noncitizen child 

20 concerned and the legal counsel and child advo21 cate of the child, as applicable, the child’s entire 

22 case file and all evidence supporting the deter23 mination to transfer the child to a restrictive 

24 placement— 


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1 (i) not later than 24 hours after such 

2 determination is made; and 

3 (ii) not less than 2 days before the 

4 date of the hearing under this subsection. 

5 (D) INTERPRETATION SERVICES.—An in6 terpreter in the preferred language of the unac7 companied noncitizen child shall be made avail8 able for a hearing under this subsection. 

9 (E) BURDENS OF PRODUCTION AND

10 PROOF.—The Director shall have the burden of 

11 production and the burden of proof, by clear 

12 and convincing evidence, to establish that— 

13 (i) the unaccompanied noncitizen child 

14 is a present danger to himself or herself or 

15 to others; 

16 (ii) a restrictive placement is con17 sistent with the best interests of the child; 

18 (iii) there is no viable alternative to a 

19 restrictive placement to ensure the best in20 terests of the child; and 

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

22 that is not a restrictive placement would 

23 not provide the services or resources nec24 essary. 


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1 (F) RECORD OF PROCEEDINGS.—The 

2 record of proceedings for a hearing under this 

3 subsection, and all related documentation— 

4 (i) shall be maintained separately and 

5 apart from the unaccompanied noncitizen 

6 child’s immigration file (commonly called 

7 the ‘‘A-File’’); and 

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

9 shall not be relied upon, in any removal 

10 proceedings or any adjudication carried out 

11 by U.S. Citizenship and Immigration Serv12 ices, including with respect to final deci13 sions and discretionary factors. 

14 (5) WRITTEN DECISION.— 

15 (A) IN GENERAL.—Not later than 2 busi16 ness days before the date on which the unac17 companied noncitizen child concerned is sched18 uled to be transferred to a restrictive place19 ment, the fact finder shall issue a written deci20 sion approving or denying such transfer, which 

21 shall be binding on the Office of Refugee Reset22 tlement. 

23 (B) CONSIDERATION OF BEST INTEREST

24 RECOMMENDATION.—In making a decision on 

25 such a transfer, the fact finder shall consider, 


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1 and respond in writing to, the recommendation 

2 of the child advocate of the unaccompanied non3 citizen child concerned. 

4 (C) ELEMENTS.—A written decision under 

5 this paragraph shall— 

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

7 individualized justification for the decision; 

8 and 

9 (ii) notify the unaccompanied noncit10 izen child of the child’s— 

11 (I) right to placement review 

12 hearings under subsection (e); 

13 (II) right to seek review of the 

14 decision by the Ombudsperson under 

15 paragraph (6); and 

16 (III) right to seek judicial review 

17 of the decision. 

18 (D) LANGUAGE ACCESS.—The decision 

19 shall be made available in a language and in a 

20 format the unaccompanied noncitizen child un21 derstands. 

22 (E) SUBMISSION TO OMBUDSPERSON.— 

23 Not later than 72 hours after a decision in a 

24 placement review hearing is issued under this 


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1 paragraph, the fact finder shall submit the deci2 sion to the Ombudsperson. 

3 (6) REVIEW BY OMBUDSPERSON.— 

4 (A) IN GENERAL.—On request by an unac5 companied noncitizen child or the legal counsel 

6 or child advocate of the child, the 

7 Ombudsperson shall carry out a review of a de8 cision under paragraph (5), which shall be com9 pleted not later than 15 days after the date on 

10 which the request for review is made. 

11 (B) RECOMMENDATION.— 

12 (i) IN GENERAL.—In carrying out a 

13 review under this paragraph, the 

14 Ombudsperson may make a recommenda15 tion with respect to whether such decision 

16 should be modified. 

17 (ii) FINDING OF ERRONEOUS DECI18 SION.— 

19 (I) IN GENERAL.—If the 

20 Ombudsperson determines that the 

21 decision under paragraph (5) was er22 roneous, the Ombudsperson shall sub23 mit to the Director a recommendation 

24 for further action. 

25 (II) WRITTEN STATEMENT.— 


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1 (aa) IN GENERAL.—If the 

2 Director declines to follow the 

3 recommendation of the 

4 Ombudsperson, the Director shall 

5 provide a detailed written jus6 tification to the child, the pro7 spective sponsor, the legal coun8 sel and the child advocate of the 

9 child, and the legal counsel of the 

10 prospective sponsor, as applica11 ble. 

12 (bb) NONDELEGATION.— 

13 The Director may not delegate 

14 the requirement to issue such a 

15 written statement to any other 

16 individual. 

17 (c) LIMITATIONS ON PLACEMENT IN SECURE FACILI18 TIES AND STAFF-SECURE FACILITIES.— 

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

20 an unaccompanied noncitizen child in a staff-secure 

21 facility based solely on a risk of self-harm or behav22 ior related to the child’s trauma or mental health 

23 that could be addressed in a less restrictive setting 

24 with additional accommodations or rehabilitative 

25 care. 


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1 (2) SECURE FACILITIES.—The Director may 

2 never hold or place an unaccompanied noncitizen 

3 child in a secure facility. 

4 (3) STAFF-SECURE FACILITIES.— 

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

6 hold or place an unaccompanied noncitizen child 

7 in a staff-secure facility if— 

8 (i) there is clear and convincing evi9 dence that the child poses a serious and 

10 imminent danger to others at the time of 

11 placement; 

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

13 file, there is clear and convincing evidence 

14 that the assessed danger does not stem 

15 from the child’s trauma or mental health 

16 conditions; and 

17 (iii) even with additional accommoda18 tions and de-escalation measures, the child 

19 cannot be adequately cared for in a less re20 strictive setting or rehabilitative care. 

21 (B) DURATION.—The Director may only 

22 hold an unaccompanied noncitizen child in a 

23 staff-secure facility under subparagraph (A) 

24 during the period in which the Director can 


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1 demonstrate that the conditions described in 

2 that subparagraph exist. 

3 (C) TRANSFER.—The Director shall con4 sider transfer of the child to a less restrictive 

5 placement as soon as these requirements are no 

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

7 placement for less than 30 days. 

8 (4) PROHIBITION ON PLACEMENT IN U.S. IMMI9 GRATION AND CUSTOMS ENFORCEMENT FACILI10 TIES.—The Director may not place any noncitizen 

11 child in— 

12 (A) a U.S. Immigration and Customs En13 forcement facility; or 

14 (B) a facility operated by contract with 

15 U.S. Immigration and Customs Enforcement. 

16 (d) PLACEMENT IN THERAPEUTIC CHILDCARE FA17 CILITIES.— 

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

19 unaccompanied noncitizen child in a therapeutic 

20 childcare secure facility only if— 

21 (A) the unaccompanied noncitizen child 

22 has received a detailed, individualized evalua23 tion by a licensed psychologist or psychiatrist 

24 who is experienced in the care of children; and 


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1 (B) the mental health professional con2 ducting the evaluation under subparagraph (A) 

3 has determined that— 

4 (i) the child poses a substantial risk 

5 of harm to himself or herself or to others; 

6 (ii) such placement is in the best in7 terests of the child; and 

8 (iii) even with additional accommoda9 tions or rehabilitative care, at the time of 

10 placement, the child cannot be adequately 

11 cared for in a less restrictive setting until 

12 the child receives services provided in such 

13 a placement. 

14 (2) PREFERENCE FOR COMMUNITY-BASED

15 THERAPEUTIC FOSTER CARE.—Before placing an 

16 unaccompanied noncitizen child in a therapeutic 

17 childcare facility, the Director shall first seek to 

18 place the child in a family-based therapeutic foster 

19 care placement. 

20 (3) APPLICABILITY OF OTHER PROVISIONS.— 

21 The procedures relating to transfers, notice, and 

22 placement review hearings under this title apply 

23 equally to unaccompanied noncitizen children placed 

24 in residential treatment centers and other thera25 peutic childcare facilities. 


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1 (4) SERVICES TO BE PROVIDED.— 

2 (A) EVALUATION.— 

3 (i) IN GENERAL.—An unaccompanied 

4 noncitizen child placed in a therapeutic 

5 childcare facility shall be evaluated by a li6 censed psychologist or psychiatrist who is 

7 experienced in the care of children. 

8 (ii) REPORT.—The mental health pro9 fessional conducting the evaluation under 

10 clause (i) for an unaccompanied noncitizen 

11 child shall— 

12 (I) issue a written report that 

13 sets forth— 

14 (aa) the reasons for such 

15 placement; 

16 (bb) treatment goals; and 

17 (cc) a plan specific to the 

18 child for transition to a less re19 strictive setting; and 

20 (II) make such report available 

21 to the unaccompanied noncitizen child 

22 and the child advocate of the child. 

23 (B) ACCESS TO COUNSEL.—The operator 

24 of a residential treatment center or any other 


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1 therapeutic childcare facility for unaccompanied 

2 noncitizen children shall provide access to— 

3 (i) legal services; and 

4 (ii) existing legal counsel and child 

5 advocates of such children, as applicable. 

6 (e) MONTHLY REVIEW HEARING.— 

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

8 monthly, each unaccompanied noncitizen child in a 

9 restrictive placement shall be afforded a placement 

10 review hearing to determine whether continued 

11 placement in the restrictive placement is appro12 priate. 

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

14 this subsection shall be conducted in accordance 

15 with the procedures and standards for placement re16 view hearings under subsection (b). 

17 (3) REPORT BY MENTAL HEALTH PROVIDER.— 

18 With respect to an unaccompanied noncitizen child 

19 who is in a therapeutic childcare facility not later 

20 than 5 days before a hearing under this subsection, 

21 a licensed psychologist or psychiatrist who is experi22 enced in the care of children shall submit to the fact 

23 finder a detailed report on the mental health needs 

24 of the unaccompanied noncitizen child concerned. 

25 (4) WRITTEN DECISION.— 


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

2 issue a written decision continuing or termi3 nating the restrictive placement of the unac4 companied noncitizen child concerned, which 

5 shall be binding on the Office of Refugee Reset6 tlement. 

7 (B) CONSIDERATION OF BEST INTEREST

8 RECOMMENDATION.—In making a decision on 

9 such placement, the fact finder shall consider— 

10 (i) the best interest recommendation 

11 of the child advocate with respect to the 

12 unaccompanied noncitizen child concerned; 

13 and 

14 (ii) the findings contained in the re15 port submitted under paragraph (3). 

16 (C) ELEMENTS.—A written decision under 

17 this paragraph shall— 

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

19 individualized justification for the decision; 

20 and 

21 (ii) notify the unaccompanied noncit22 izen child of— 

23 (I) the right to further placement 

24 review hearings under this subsection; 

25 and 


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1 (II) the right to seek judicial re2 view of the decision. 

3 (D) LANGUAGE ACCESS.—The decision 

4 shall be made available in a language and in a 

5 format the unaccompanied noncitizen child un6 derstands. 

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

8 proceedings for a hearing under this subsection, and 

9 all related documentation— 

10 (A) shall be maintained separately and 

11 apart from the unaccompanied noncitizen 

12 child’s immigration file (commonly called the 

13 ‘‘A-File’’); and 

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

15 not be relied upon, in any removal proceedings 

16 or any adjudication carried out by U.S. Citizen17 ship and Immigration Services, including with 

18 respect to final decisions and discretionary fac19 tors. 

20 (f) PLACEMENT OF UNACCOMPANIED NONCITIZEN

21 CHILDREN WITH DISABILITIES IN RESTRICTIVE PLACE22 MENTS.— 

23 (1) IN GENERAL.—An unaccompanied noncit24 izen child who is receiving services under section 504 

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


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

2 access to such services. 

3 (2) NEEDS DETERMINATION.— 

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

5 unaccompanied noncitizen child in a restrictive 

6 setting, the Director shall make a determination 

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

8 in a more integrated setting. 

9 (B) ELEMENTS.—A determination under 

10 subparagraph (A) shall include— 

11 (i) an identification of the relevant 

12 trauma-informed, evidence-based services 

13 and accommodations that have been identi14 fied as potentially relevant; 

15 (ii) a description of any such service 

16 or accommodation that has been provided 

17 and the period of time in which the service 

18 or accommodation has been provided; 

19 (iii) if any such service or accommo20 dation has been ineffective, an assessment 

21 of the reason; and 

22 (iv) an assessment of whether addi23 tional services or accommodations could be 

24 provided at the child’s current placement. 


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1 (3) SERVICES AVAILABLE IN A LESS RESTRIC2 TIVE PLACEMENT.— 

3 (A) IN GENERAL.—If services are identi4 fied that have the potential to maintain such an 

5 unaccompanied noncitizen child in a less re6 strictive placement, the Director shall ensure 

7 that the child receives such services before the 

8 Director considers a transfer to a restrictive 

9 placement. 

10 (B) IDENTIFICATION OF SERVICES AND

11 ACCOMMODATIONS.— 

12 (i) IN GENERAL.—For each such un13 accompanied noncitizen child, at each 

14 placement review hearing under subsection 

15 (e), the Director shall explicitly identify 

16 services and accommodations that could be 

17 made available in a less restrictive place18 ment. 

19 (ii) JUSTIFICATION.—A recommenda20 tion by the Director against placing such 

21 an unaccompanied noncitizen child in a 

22 less restrictive placement shall be sup23 ported by specific documentation as to the 

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1 tions, the child cannot be safely placed in 

2 a less restrictive placement. 

3 (4) INDEPENDENT REVIEW.— 

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

5 unaccompanied noncitizen child whom the Di6 rector intends to transfer to a restrictive place7 ment, before the child’s placement review hear8 ing, the decision to so transfer shall be reviewed 

9 by an independent third-party licensed psychol10 ogist or psychiatrist who is experienced in the 

11 care of children in accordance with a standard12 ized process for evaluating the data and pre13 sented rationale, including a consideration of 

14 accommodations that could avoid the need for 

15 restrictive placement. 

16 (B) CONTINUED RESTRICTIVE PLACE17 MENT.—In the case of such an unaccompanied 

18 noncitizen child in a restrictive placement whom 

19 the Director does not intend to transfer to a 

20 less restrictive placement, before the child’s 

21 next placement review hearing, the decision 

22 shall be reviewed by an independent third-party 

23 licensed psychologist or psychiatrist who is ex24 perienced in the care of children, in accordance 

25 with a standardized process for evaluating the 


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1 data and presented rationale, including a con2 sideration of accommodations that could avoid 

3 the need for restrictive placement. 

4 (C) REPORT.—Not later than 45 days 

5 after conducting a review under this paragraph, 

6 the independent third-party mental health pro7 fessional shall issue a written report describing 

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

9 child concerned, the legal counsel and child ad10 vocate of such child, and the Director. 

11 SEC. 227. JUDICIAL REVIEW OF PLACEMENT. 

12 (a) IN GENERAL.—An unaccompanied noncitizen 

13 child, or the parent, legal guardian, or nonparent family 

14 member of the child, with the consent of the child, may 

15 seek judicial review in a district court of the United States 

16 of— 

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

18 childcare facility in which the child is placed; or 

19 (2) a sponsorship determination. 

20 (b) VENUE.—Venue for judicial review under sub21 section (a) may be found in— 

22 (1) the district in which the original childcare 

23 facility in which the unaccompanied noncitizen child 

24 concerned was placed is located; or 


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

2 which the unaccompanied noncitizen child was trans3 ferred is located. 

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

5 shall be limited to entering an order solely affecting the 

6 individual claims of the unaccompanied noncitizen child or 

7 the parent, legal guardian, or prospective sponsor seeking 

8 such review. 

9 (d) AGENCY EXERCISE OF DISCRETION REVIEWED

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

11 or the Secretary of Homeland Security in making a place12 ment decision reviewed under this section shall be reviewed 

13 de novo. 

14 (e) BOND REDETERMINATION.—An unaccompanied 

15 noncitizen child in removal proceedings shall be afforded 

16 a bond redetermination hearing before an immigration 

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

18 of custody determination form that he or she waives the 

19 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 

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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 00:58 May 25, 2024 Jkt 049200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\S4393.IS S4393

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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 Director shall 

2 deny sponsorship for an unaccompanied 

3 noncitizen child if the criminal history of a 

4 prospective sponsor or a household member 

5 of the sponsor includes a conviction— 

6 (I) for child abuse or trafficking; 

7 or 

8 (II) that has a direct and imme9 diate impact on the safety of the un10 accompanied noncitizen child. 

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 nonparent family member of 

7 the child, with the consent of the child, may ob8 tain judicial review of a decision under subpara9 graph (G) in a district court of the United 

10 States. 

11 (J) CONTINUED EFFORTS BY OFFICE OF

12 REFUGEE RESETTLEMENT.—During the pend13 ency of a hearing under this paragraph, and 

14 any review of a decision resulting from such a 

15 hearing under subparagraph (H) or (I), the Di16 rector shall continue to seek alternative pro17 spective sponsors for the unaccompanied noncit18 izen child concerned. 

19 SEC. 233. SPECIAL CONSIDERATIONS RELATING TO RE20 LEASE OF CHILDREN WITH DISABILITIES. 

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

22 release of an unaccompanied noncitizen child based solely 

23 on a pending evaluation for services under section 504 of 

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


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1 (b) SUPPORTING EVIDENCE REQUIRED FOR DETER2 MINATION NOT TO RELEASE.—A determination by the 

3 Director not to release an unaccompanied noncitizen child 

4 receiving services under such section based on a prospec5 tive sponsor’s inability to meet the needs of the child shall 

6 be supported by evidence of efforts by the Director to edu7 cate, and provide concrete resources and support to, the 

8 prospective sponsor through the provision of post-release 

9 services. 

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

11 deny the reunification of an unaccompanied noncitizen 

12 child receiving services under such section with his or her 

13 parent absent a determination supported by clear and con14 vincing evidence that— 

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

16 to result in serious emotional or physical damage to 

17 the child; and 

18 (2) continued Office of Refugee Resettlement 

19 custody is the least restrictive setting that is in the 

20 best interests of the child. 

21 (d) REVIEW.— 

22 (1) IN GENERAL.—With respect to a determina23 tion by the Director not to release an unaccom24 panied noncitizen child receiving services under such 

25 section based on an assessment that the child is a 


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

2 of such determination shall be carried out by an 

3 independent third-party licensed psychologist or psy4 chiatrist who is experienced in the care of children 

5 before the date on which the sponsorship hearing 

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

7 (2) PROCEDURE.—A review under paragraph 

8 (1) shall— 

9 (A) be carried out using a standardized 

10 method for evaluating the data and shall in11 clude the rationale for denying release; and 

12 (B) consider the availability of assistive 

13 services or technology that could be provided to 

14 the unaccompanied noncitizen child concerned if 

15 he or she were released. 

16 (3) AVAILABILITY.—Such a review shall be 

17 made in writing and made available to the unaccom18 panied noncitizen child and the child’s legal counsel 

19 before the date on which a sponsorship hearing 

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

21 (e) OFFICE OF REFUGEE RESETTLEMENT SUPPORT

22 FOR SPONSORS.—With respect to children with disabilities 

23 released from the custody of the Secretary, the Director 

24 shall support and assist sponsors in accessing and coordi25 nating post-release community-based services and support 


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1 or technology, to the extent such services and support are 

2 available. 

3 (f) ALTERNATIVE PLACEMENT.—If a sponsor is not 

4 identified for an unaccompanied noncitizen child who re5 ceives services under section 504 of the Rehabilitation Act 

6 of 1973 (29 U.S.C. 794), the Director shall make every 

7 effort to place the child in therapeutic foster care, foster 

8 care, or the Unaccompanied Refugee Minor program. 

9 Subtitle E—Release 

10 SEC. 241. PROCEDURES FOR RELEASE. 

11 (a) IN GENERAL.—The Secretary shall release an un12 accompanied noncitizen child from the custody of the Sec13 retary— 

14 (1) without unnecessary delay; and 

15 (2) as quickly as may be safely accomplished. 

16 (b) PROVISION OF RECORDS ON RELEASE.—On re17 lease from the custody of the Secretary, including in cir18 cumstances of repatriation, the Director shall provide un19 accompanied noncitizen children and their sponsors, as ap20 plicable, the unaccompanied noncitizen child’s complete 

21 Office of Refugee Resettlement case file and records, in22 cluding— 

23 (1) documentation that details the child’s med24 ical and educational status, progress, and any re25 lated evaluations; 


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1 (2) information relating to any special needs of 

2 the child; and 

3 (3) any other information relevant to promoting 

4 the child’s well-being after release. 

5 (c) PRESCRIPTION MEDICATION.—The Director shall 

6 ensure that unaccompanied noncitizen children prescribed 

7 medication are released with not less than a 60-day supply 

8 of their medication and information from a physician re9 garding continuing or discontinuing the medication. 

10 (d) TRANSPORTATION.—Expenses incurred in trans11 porting unaccompanied noncitizen children and their spon12 sors for the purpose of the release of the child shall be 

13 paid by the Office of Refugee Resettlement. 

14 (e) PROHIBITION ON SECRETARY TAKING CHILD

15 BACK INTO CUSTODY.— 

16 (1) IN GENERAL.—After the release of an unac17 companied noncitizen child from the custody of the 

18 Secretary to a sponsor, the Secretary may not take 

19 the child back into custody. 

20 (2) REPORTING TO STATE CHILD WELFARE

21 AGENCY.—With respect to a child released from 

22 such custody, if the Director becomes aware of a 

23 concern related to suspected abuse or neglect in a 

24 sponsor’s care, the Director may report such con25 cerns to the applicable State child welfare agency. 


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1 SEC. 242. POST-RELEASE SERVICES. 

2 (a) REQUIRED IN LIMITED CIRCUMSTANCES.— 

3 (1) IN GENERAL.—The Director may not uni4 formly require post-release services to be in place be5 fore releasing an unaccompanied noncitizen child to 

6 a sponsor. 

7 (2) CASE MANAGEMENT SPECIALIST DETER8 MINATION.—The Director may only require post-re9 lease services to be in place before releasing an un10 accompanied noncitizen child to a sponsor if, after 

11 conducting an individualized assessment of the par12 ticular needs of the child, the case management spe13 cialist makes a determination that the child would 

14 be at risk of imminent physical or emotional harm 

15 if post-release services were not in place before such 

16 release. 

17 (b) EXPANSION.—The Director shall provide post-re18 lease services, on a voluntary basis, to unaccompanied 

19 noncitizen children, including by— 

20 (1) conducting outreach campaigns by naviga21 tors in communities to ensure that children, spon22 sors, and families understand the post-release serv23 ices offered; 

24 (2) providing active assistance with school en25 rollment; 


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1 (3) supporting sponsors in obtaining necessary 

2 medical records, including vaccination and medica3 tion records, from the period during which the unac4 companied noncitizen children were in the custody of 

5 the Secretary; 

6 (4) stating that all unaccompanied children re7 leased into United States communities are deemed 

8 to be ‘‘lawfully residing’’ for purposes of determining 

9 eligibility for medical assistance under Medicaid or 

10 child health assistance and pregnancy-related assist11 ance under the Children’s Health Insurance Pro12 gram (CHIP) in States that have elected to cover 

13 ‘‘lawfully residing’’ pregnant individuals and chil14 dren under sections 1903(v)(4) and 2107(e)(1)(O) 

15 of the Social Security Act (42 U.S.C. 1396b(v)(4), 

16 1397gg(e)(1)(O)), as added by section 214 of the 

17 Children’s Health Insurance Program Reauthoriza18 tion Act of 2009 (commonly referred to as the 

19 ‘‘CHIPRA 214 option’’); 

20 (5) ensuring access to family reunification and 

21 medical support services, including support and 

22 trauma-informed counseling for the family and men23 tal health counseling, through direct provision of 

24 such services or through partnerships and referrals 

25 to services in the community; and 


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1 (6) ensuring that sponsors of children with spe2 cial medical needs receive Office of Refugee Resettle3 ment support in accessing appropriate medical care. 

4 SEC. 243. INDIVIDUALS ATTAINING 18 YEARS OF AGE. 

5 (a) PRESUMPTION OF RELEASE ON RECOG6 NIZANCE.— 

7 (1) IN GENERAL.—If an individual in the cus8 tody of the Secretary of Health and Human Services 

9 is not released to a sponsor before the individual at10 tains the age of 18 years, there shall be a presump11 tion that the individual shall be released on an order 

12 of recognizance. 

13 (2) REBUTTAL.—The Secretary of Homeland 

14 Security shall bear the burden of proof, by clear and 

15 convincing evidence, in overcoming the presumption 

16 under paragraph (1) and in demonstrating that such 

17 an individual is not eligible to be released on an 

18 order of recognizance. 

19 (3) ALTERNATIVES TO DETENTION.— 

20 (A) IN GENERAL.—In the case of an indi21 vidual aging out of the custody of the Secretary 

22 who is not eligible to be released on an order 

23 of recognizance, the individual shall be eligible 

24 to participate in noncustodial alternatives to de25 tention programs provided by the Department 


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1 of Health and Human Services, including place2 ment with an individual, an organizational 

3 sponsor, or a supervised group home with sup4 portive services to facilitate access to edu5 cational and occupational opportunities. 

6 (B) PLACEMENT PREFERENCES.—The cat7 egories of placements available to an individual 

8 described in subparagraph (A) shall be the fol9 lowing, in order of preference: 

10 (i) The least restrictive family-based 

11 setting, including long-term foster care. 

12 (ii) An independent living program. 

13 (iii) A childcare facility that meets the 

14 particular needs of the individual. 

15 (4) CONTINUATION OF SERVICES.—The Direc16 tor shall ensure that an individual released on an 

17 order of recognizance under this subsection is pro18 vided with— 

19 (A) continued access to counseling, case 

20 management, legal counsel, and other support 

21 services during the pendency of the individual’s 

22 immigration proceedings; and 

23 (B) information on applying for special im24 migrant juvenile status under section 

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1 ality Act (8 U.S.C. 1101(a)(27)(J)), and re2 sources to assist the individual with applying 

3 for such status. 

4 (b) POST-18 PLAN FOR INDIVIDUALS AGING OUT OF

5 CUSTODY.— 

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

7 post-18 plan for each unaccompanied noncitizen 

8 child entering Office of Refugee Resettlement cus9 tody who— 

10 (A) is over the age of 17 years and 6 

11 months; or 

12 (B) is not likely to be released to a sponsor 

13 before attaining 18 years of age. 

14 (2) ELEMENTS.—Each plan under paragraph 

15 (1) shall include the following: 

16 (A) An investigation into organizational 

17 sponsors and social support services. 

18 (B) Coordination with the Secretary of 

19 Homeland Security to ensure the release of the 

20 unaccompanied noncitizen child on his or her 

21 own recognizance if release to an organizational 

22 or individual sponsor is not successful. 

23 (c) POST-18 PROGRAM.—With respect to an indi24 vidual in the custody of the Secretary who attains 18 years 

25 of age before reunification, placement with a sponsor, or 


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1 adjudication with respect to immigration status, the Di2 rector may extend Office of Refugee Resettlement custody 

3 for a period ending not later than the date on which the 

4 individual attains 21 years of age, if the individual— 

5 (1)(A) has not been reunified but has a family 

6 member available for reunification; 

7 (B) has an identified sponsor; 

8 (C) has been admitted to long-term foster care 

9 or a residential treatment center; or 

10 (D) otherwise does not have reunification op11 tions but has not yet been adjudicated with respect 

12 to immigration status by a local court in the applica13 ble jurisdiction; and 

14 (2) solely at his or her discretion, without coer15 cion and on the recommendation of his or her case 

16 manager, elects to remain in Office of Refugee Re17 settlement custody in the post-18 program until the 

18 date on which, as applicable— 

19 (A) the screening process for reunification 

20 is completed and the individual is reunified with 

21 a family member or placed with a sponsor; or 

22 (B) the individual is adjudicated with re23 spect to immigration status in a local court in 

24 the applicable jurisdiction, receives relief from 


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1 removal, and enters an applicable program for 

2 unaccompanied refugee minors. 

3 (d) CONSIDERATION RELATING TO U.S. IMMIGRA4 TION AND CUSTOMS ENFORCEMENT CUSTODY.—In con5 sidering a sponsorship application for an unaccompanied 

6 noncitizen child who may attain 18 years of age in the 

7 custody of the Secretary, the Director shall consider the 

8 potential for, and impact of, trauma and the risk to the 

9 safety and well-being of the child if the child were to be 

10 transferred to the custody of U.S. Immigration and Cus11 toms Enforcement on attaining such age. 

12 (e) PROHIBITION ON DETENTION AND REMOVAL.— 

13 An individual who was in the custody of the Secretary as 

14 an unaccompanied noncitizen child shall not be appre15 hended, arrested, transferred, or taken into the custody 

16 of U.S. Immigration and Customs Enforcement, or re17 moved from the United States, based solely on having at18 tained 18 years of age. 

19 (f) CONTINUED ACCESS TO DUE PROCESS, LEGAL

20 RELIEF, AND HOUSING.—An individual who entered the 

21 United States as a child shall not lose the opportunity for 

22 due process and potential legal relief, or access to commu23 nity-based housing, based solely on having attained the 

24 age of 18 years. 


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1 SEC. 244. CUSTODY REVIEW BY OMBUDSPERSON. 

2 (a) IN GENERAL.—If an unaccompanied noncitizen 

3 child, the legal counsel or prospective sponsor of such 

4 child, or the legal counsel of such prospective sponsor has 

5 reasonable cause to believe that the child should have been 

6 released, the child, the prospective sponsor, or such legal 

7 counsel may request an investigation by the 

8 Ombudsperson. 

9 (b) NOTIFICATION OF LENGTHY CUSTODY.—In the 

10 case of any unaccompanied noncitizen child who remains 

11 in the custody of the Secretary for 45 days or more, the 

12 Director shall— 

13 (1) notify the Ombudsperson of such continued 

14 custody; and 

15 (2) provide the Ombudsperson a complete copy 

16 of the Office of Refugee Resettlement case file and 

17 a detailed explanation for such continued custody. 

18 TITLE III—EMERGENCIES AND 

19 INFLUXES 

20 SEC. 301. SENSE OF CONGRESS. 

21 It is the sense of Congress that before opening or ex22 panding an influx facility, the Secretary and the Director 

23 should explore all other avenues for placing an unaccom24 panied noncitizen child in the least restrictive, State-li25 censed setting that most approximates a family and in 

26 which the special needs of the child, if any, may be met 


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1 consistent with the best interests and special needs of the 

2 child. 

3 SEC. 302. DEFINITIONS. 

4 In this title: 

5 (1) EMERGENCY.—The term ‘‘emergency’’ 

6 means an event of limited duration, such as a nat7 ural disaster, facility fire, civil disturbance, or med8 ical concern. 

9 (2) OPERATIONAL CAPACITY.—The term ‘‘oper10 ational capacity’’ means the net bed capacity of Of11 fice of Refugee Resettlement facilities and other 

12 housing operated by State-licensed programs for un13 accompanied noncitizen children. 

14 SEC. 303. PLACEMENT. 

15 (a) IN GENERAL.—In the event of an emergency or 

16 influx that prevents the prompt placement of unaccom17 panied noncitizen children in childcare facilities, the Direc18 tor— 

19 (1) shall make every effort— 

20 (A) to place arriving unaccompanied non21 citizen children in other State-licensed pro22 grams; and 

23 (B) to release unaccompanied noncitizen 

24 children from other programs as expeditiously 

25 as possible; and 


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1 (2) may not house an unaccompanied noncitizen 

2 child in an influx facility or any other emergency or 

3 temporary facility for more than 20 days. 

4 (b) TRANSFER TO LICENSED FACILITY.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), in the case of an unaccompanied noncit7 izen child for whom release to a sponsor within 20 

8 days of placement in an influx facility is not pos9 sible, the Director shall transfer the child to a 

10 childcare facility. 

11 (2) EXCEPTION.—The Director may not trans12 fer a child under paragraph (1) if the transfer would 

13 prolong the child’s total length of custody by more 

14 than 48 hours. 

15 (c) LIMITATION ON TRANSFER TO INFLUX FACIL16 ITY.—The Director may not transfer to an influx facility 

17 any unaccompanied noncitizen child— 

18 (1) for whom— 

19 (A) a prospective sponsor has not been 

20 identified; or 

21 (B) such transfer would delay release by 

22 more than 48 hours; or 

23 (2) who— 

24 (A) has been identified by the Director 

25 as— 


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1 (i) having a prospective sponsor who 

2 is not a parent, a legal guardian, or an im3 mediate relative; or 

4 (ii) not having any identified prospec5 tive sponsor; 

6 (B) is younger than 16 years of age; 

7 (C) is part of a sibling group in the cus8 tody of the Secretary of which 1 or more sib9 lings are younger than 16 years of age; 

10 (D) speaks a language other than English 

11 or Spanish as his or her primary language; 

12 (E) has special needs; 

13 (F) is currently prescribed psychotropic 

14 medication; 

15 (G) is pregnant or parenting; 

16 (H) will attain 18 years of age on a date 

17 that is not more than 30 days after the pro18 posed date of transfer to the influx facility; 

19 (I) is scheduled to be released on a date 

20 that is not more than 3 days after the proposed 

21 date of the transfer; 

22 (J) has a pending home study; 

23 (K) has not received a legal orientation 

24 presentation or a legal screening; 


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1 (L) has a date scheduled for a hearing be2 fore an immigration court or a State court, in3 cluding family and juvenile court; 

4 (M) has a pending application for relief 

5 from removal; 

6 (N) has legal counsel; or 

7 (O) has a child advocate. 

8 (d) FAMILY GROUPS.—The Director shall ensure 

9 that— 

10 (1) unaccompanied noncitizen children with sib11 lings or other relatives under the age of 18 in the 

12 custody of the Secretary are not separated from 

13 each other; and 

14 (2) such family groups have unlimited visitation 

15 with each other in influx facilities. 

16 SEC. 304. PLANNING FOR EMERGENCIES AND INFLUXES. 

17 (a) PLAN REQUIRED.—Not later than 180 days after 

18 the date of the enactment of this Act, the Director shall 

19 develop a plan for— 

20 (1) maintaining and expanding emergency ca21 pacity in licensed foster care homes and small con22 gregate care facilities for housing unaccompanied 

23 noncitizen children so as to eliminate the need for 

24 influx facilities; and 


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1 (2) in the case of an emergency or influx, plac2 ing unaccompanied noncitizen children with sponsors 

3 as expeditiously as possible. 

4 (b) SUPPLEMENTAL PLACEMENT LIST.— 

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

6 and maintain a supplemental placement list of facili7 ties that have, in the aggregate, not fewer than 200 

8 beds available to accept unaccompanied noncitizen 

9 children in the case of an emergency or influx, which 

10 shall be in addition to the number of beds available 

11 for placements under normal circumstances. 

12 (2) LICENSING AND COMPLIANCE.—Any facility 

13 on the supplemental placement list shall be— 

14 (A) licensed in the State in which it is lo15 cated; and 

16 (B) in compliance with all standards and 

17 procedures applicable to State-licensed pro18 grams under this Act. 

19 (3) ELEMENTS.—The supplemental placement 

20 list shall include, for each facility, the following: 

21 (A) The name of the facility. 

22 (B) The number of beds available in the 

23 facility in the case of an emergency or influx. 


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1 (C) The name and telephone number of 1 

2 or more contact persons, including a contact 

3 person for nights, holidays, and weekends. 

4 (D) Any limitation on categories of child 

5 the facility may accept, such as age categories. 

6 (E) A description of any special service 

7 available. 

8 (4) APPROPRIATE COMMUNITY SERVICES.—To 

9 the extent practicable, the Director shall attempt to 

10 include on the supplemental placement list facilities 

11 located in geographic areas in which culturally and 

12 linguistically appropriate community services are 

13 available. 

14 (5) HIGH CAPACITY AT CHILDCARE FACILI15 TIES.—If the operational capacity of all childcare fa16 cilities and foster care placements reaches or exceeds 

17 75 percent for a period of 3 consecutive days, the 

18 Director shall contact the facilities on the supple19 mental placement list to determine the number of 

20 available supplemental placements. 

21 (c) NEED FOR SUPPLEMENTAL PLACEMENTS EX22 CEEDING CAPACITY.—If the number of unaccompanied 

23 noncitizen children in need of placement in the case of 

24 an emergency or influx exceeds the available appropriate 


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1 placements on the supplemental placement list, the Direc2 tor shall— 

3 (1) locate additional placements through State4 licensed programs and nonprofit child and family 

5 services agencies providing placement services; and 

6 (2) expedite the reunification and release of un7 accompanied noncitizen children from U.S. Customs 

8 and Border Protection custody. 

9 SEC. 305. INFLUX FACILITY STANDARDS AND STAFFING. 

10 (a) OPERATION OF INFLUX FACILITIES.—In the 

11 event that the operation of an influx facility cannot be 

12 avoided, the Director may operate an influx facility in ac13 cordance with this section. 

14 (b) STANDARDS.— 

15 (1) IN GENERAL.—An influx facility that does 

16 not meet the standards described in this subsection 

17 may not be used to house any child, and children 

18 housed at such an influx facility shall be transferred 

19 out of the influx facility immediately. 

20 (2) FIRST DAY OF OPERATION.—On the first 

21 day of operation, an influx facility shall be in compli22 ance with— 

23 (A) the staffing ratio requirements, case 

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1 ation requirements, and medical and mental 

2 health services requirements that apply to 

3 childcare facilities; and 

4 (B) the facility standards under the Prison 

5 Rape Elimination Act of 2003 (34 U.S.C. 

6 30301 et seq.). 

7 (3) WITHIN 30 DAYS.—Not later than 30 days 

8 after the date on which an influx facility commences 

9 operation, the influx facility shall achieve compliance 

10 with all standards set forth in title II, including 

11 State licensing standards. 

12 (c) CONTRACTOR STANDARDS.—The Director may 

13 not enter into a contract with any entity to operate an 

14 influx facility, unless the entity has each of the following: 

15 (1) Demonstrated experience in providing serv16 ices for unaccompanied noncitizen children or chil17 dren in foster care. 

18 (2) A plan for placement of children for whom 

19 no sponsor has been identified. 

20 (3) A plan for— 

21 (A) identifying, and immediately notifying 

22 the Director with respect to, any child believed 

23 to have been erroneously transferred to, or in 

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1 tations set forth in paragraphs (1) and (2) of 

2 section 303(c); and 

3 (B) not later than 10 days after identi4 fying such a child, transferring the child to an 

5 appropriate placement. 

6 (4) An emergency plan that includes protection 

7 against transmission of COVID–19 and other infec8 tious diseases, including a plan— 

9 (A) to provide regular testing for any ap10 plicable disease; 

11 (B) to comply with service standards for 

12 quarantine with respect to any such disease 

13 that mirror the services and guidance for chil14 dren and congregate care settings recommended 

15 by the Centers for Disease Control and Preven16 tion; and 

17 (C) to ensure access to immunizations for 

18 unaccompanied noncitizen children in the influx 

19 facility, in accordance with any applicable guid20 ance of the Centers for Disease Control and 

21 Prevention. 

22 (5) Emergency response protocols for place23 ment, care, and transfer of children, which reduce 

24 the amount of time a child is in an emergency influx 

25 facility. 


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1 (6) A clear organizational chart, reporting 

2 structure, and contact information. 

3 (7) A staffing plan that includes maintaining 

4 specified case manager-to-child ratios and a specified 

5 number of case manager visits with a child each 

6 week. 

7 (8) A training plan for case managers that in8 cludes in-service coaching and individual support for 

9 a case manager’s first 30 days as an employee of the 

10 entity. 

11 (9) A written code of conduct that is— 

12 (A) distributed to all officers, employees, 

13 and volunteers; and 

14 (B) contains clear boundaries for working 

15 with and around children. 

16 (10) Written ethical standards that are— 

17 (A) distributed to all officers, employees, 

18 and volunteers; and 

19 (B) based on accepted child welfare prin20 ciples and best practices. 

21 (11) A written security plan to protect against 

22 unauthorized access to the influx facility and other 

23 potential threats. 

24 (12) Data systems that meet the data and qual25 ity standards described in section 602 for tracking 


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1 children through intake, case management, transpor2 tation, and placement. 

3 (d) WAIVER.— 

4 (1) IN GENERAL.—In the case of an influx fa5 cility, the Director may waive compliance with a 

6 standard or procedure under title II for a period of 

7 not more than 30 days. 

8 (2) NOTICE TO CONGRESS.—If the Director 

9 waives compliance with the requirement that an in10 flux facility shall be licensed by the State in which 

11 it is located, the Director shall provide to Congress 

12 notice of such waiver, which shall include— 

13 (A) a justification for the waiver; and 

14 (B)(i) a plan for the influx facility to ob15 tain such licensing; or 

16 (ii) in the case of an influx facility that will 

17 be unable to obtain such licensing— 

18 (I) an explanation of the reason 

19 that— 

20 (aa) licensing is not possible; and 

21 (bb) the particular influx facility 

22 was chosen and remains operationally 

23 necessary. 

24 (e) REPORTING MECHANISMS.—The Director shall 

25 establish clear procedures— 


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1 (1) for unaccompanied noncitizen children at 

2 influx facilities to directly and confidentially report 

3 incidents of abuse or neglect at influx facilities to 

4 the Ombudsperson, consulates, and State authori5 ties; and 

6 (2) to allow State child protective services im7 mediate access to any influx facility to investigate 

8 any such report. 

9 (f) STAFFING.— 

10 (1) BACKGROUND CHECKS.— 

11 (A) IN GENERAL.—The Director shall en12 sure that a Federal Bureau of Investigation 

13 background check, and in any applicable State 

14 a child abuse or neglect check, has been con15 ducted for each influx facility staff member who 

16 will have direct contact with unaccompanied 

17 noncitizen children. 

18 (B) TIMING OF BACKGROUND CHECKS.— 

19 The background checks described in subpara20 graph (A) shall be completed before a staff 

21 member interacts with any unaccompanied non22 citizen child at an influx facility. 

23 (C) PROHIBITION.—The Director shall en24 sure than an entity with which the Director has 

25 contracted to operate an influx facility does not 


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1 hire as staff of the influx facility any individual 

2 who has— 

3 (i) any conviction for child abuse or 

4 trafficking; or 

5 (ii) a conviction that is less than 10 

6 years old the underlying offense of which 

7 would have a substantial and direct effect 

8 on the safety of unaccompanied noncitizen 

9 children. 

10 (D) SUBMITTAL OF EVIDENCE.—Not later 

11 than the date on which an influx facility com12 mences operation, the operator of the influx fa13 cility shall submit to the Director and the 

14 Ombudsperson evidence that background checks 

15 in accordance with this paragraph— 

16 (i) have been completed for the rel17 evant facility staff; and 

18 (ii) will be completed for all new hires 

19 going forward. 

20 (2) FLUENCY IN SPANISH.—Each staff member 

21 of an influx facility who will have contact with unac22 companied noncitizen children shall— 

23 (A) be fluent in Spanish and English; and 

24 (B) have experience in the care of children. 


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1 (3) PEDIATRIC HEALTH SPECIALISTS.—An in2 flux facility shall have onsite pediatric health special3 ists, including a pediatrician, licensed psychologist, 

4 or psychiatrist who is experienced in the care of chil5 dren. 

6 (4) RATIOS.—Not later than 15 days after the 

7 date on which an influx facility commences oper8 ation, the Director shall ensure that the influx facil9 ity maintains staffing ratios as follows: 

10 (A) During waking hours, not less than 1 

11 on-duty youth care worker for every 8 unaccom12 panied noncitizen children. 

13 (B) During sleeping hours, not less than 1 

14 on-duty youth care worker for every 16 unac15 companied noncitizen children. 

16 SEC. 306. MONITORING AND OVERSIGHT. 

17 (a) SITE VISITS.— 

18 (1) DIRECTOR.— 

19 (A) IN GENERAL.—Not less frequently 

20 than monthly during the period in which an in21 flux facility is in operation, the Director shall 

22 conduct a comprehensive onsite monitoring 

23 visit. 

24 (B) ELEMENTS.—Each site visit conducted 

25 under subparagraph (A) shall include— 


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1 (i) an evaluation of the compliance of 

2 the influx facility with— 

3 (I) the standards and procedures 

4 under title II; and 

5 (II) the facility standards under 

6 the Prison Rape Elimination Act of 

7 2003 (34 U.S.C. 30301 et seq.); 

8 (ii) an assessment of the delivery of, 

9 and unaccompanied noncitizen children’s 

10 access to, health care and mental health 

11 care services; 

12 (iii) an assessment of unaccompanied 

13 noncitizen children’s access to counsel and 

14 legal services; and 

15 (iv) private, confidential interviews 

16 with unaccompanied noncitizen children 

17 housed in the influx facility. 

18 (2) INSPECTOR GENERAL.—The Inspector Gen19 eral of the Department of Health and Human Serv20 ices may conduct unscheduled visits to any influx fa21 cility, during which the Inspector General may meet 

22 confidentially with any unaccompanied noncitizen 

23 child housed in the influx facility. 

24 (3) OMBUDSPERSON.—Not less frequently than 

25 monthly during the period in which an influx facility 


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1 is in operation, the Ombudsperson shall conduct a 

2 comprehensive onsite visit to monitor for compliance 

3 with applicable Federal and State law (including 

4 regulations), including— 

5 (A) the Flores settlement agreement; 

6 (B) section 235 of the William Wilberforce 

7 Trafficking Victims Protection Reauthorization 

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

9 (C) this Act. 

10 (b) TOURS BY APPROVED STAKEHOLDERS.—Not less 

11 frequently than monthly during the period in which an in12 flux facility is in operation, the Director shall allow ap13 proved stakeholders, including representatives from non14 profit organizations serving or advocating on behalf of un15 accompanied noncitizen children, to tour the influx facil16 ity. 

17 TITLE IV—LEGAL REPRESENTA18 TION FOR UNACCOMPANIED 

19 NONCITIZEN CHILDREN 

20 SEC. 401. LEGAL ORIENTATION PRESENTATIONS AND 

21 LEGAL SCREENINGS. 

22 (a) IN GENERAL.—Not later than 10 days after 

23 transfer to the custody of the Secretary, an unaccom24 panied noncitizen child shall receive a free legal orienta25 tion presentation and legal screening conducted by a legal 


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1 services provider, which shall include information relating 

2 to— 

3 (1) the right to apply for relief from removal; 

4 (2) the right to request voluntary departure in 

5 lieu of removal; and 

6 (3) the right to a hearing before an immigra7 tion judge. 

8 (b) PRIORITIZATION BEFORE RELEASE.— 

9 (1) IN GENERAL.—The Director shall make af10 firmative, thorough, and timely efforts to ensure 

11 that each unaccompanied noncitizen child receives a 

12 presentation and screening described in subsection 

13 (a) before release, and in the case of any unaccom14 panied noncitizen child who does not receive such 

15 presentation and screening before release, the Direc16 tor shall ensure that the child receives the presen17 tation and screening on release. 

18 (2) RULE OF CONSTRUCTION.—Nothing in this 

19 section may be construed to prohibit the release of 

20 an unaccompanied noncitizen child to a sponsor 

21 based solely on not having received such a presen22 tation and screening. 

23 SEC. 402. LEGAL REPRESENTATION. 

24 (a) IN GENERAL.—Each unaccompanied noncitizen 

25 child in the custody of the Secretary of Health and 


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1 Human Services shall be represented by counsel appointed 

2 or provided by the Secretary, at Government expense, un3 less the child has obtained, at his or her own expense, 

4 counsel authorized to practice in immigration proceedings. 

5 (b) PROCEDURE.—Representation under subsection 

6 (a) shall— 

7 (1) be appointed or provided by the Secretary 

8 as expeditiously as possible; 

9 (2) extend through every stage of removal pro10 ceedings, from the child’s initial appearance through 

11 the termination of immigration proceedings; and 

12 (3) include any ancillary matter appropriate to 

13 such proceedings (including, to the extent prac14 ticable and as appropriate, an application for em15 ployment authorization), even if the child attains 18 

16 years of age or is reunified with a parent or legal 

17 guardian while the proceedings are pending. 

18 (c) PRIVATE, CONFIDENTIAL MEETING SPACE.—The 

19 Director shall ensure that unaccompanied noncitizen chil20 dren are provided access to a private, confidential space 

21 to meet with legal services providers and a private, con22 fidential telephone line to contact their legal counsel or 

23 legal services providers at the expense of the government. 

24 (d) CONTACT WITH LEGAL COUNSEL.—An unaccom25 panied noncitizen child shall be permitted to call or meet 


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1 with his or her legal counsel or legal services provider at 

2 any time. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) IN GENERAL.—There are authorized to be 

5 appropriated such sums as may be necessary to 

6 carry out this section. 

7 (2) FUNDING.—Amounts made available under 

8 this section shall be maintained separately from 

9 amounts designated for childcare facilities. 

10 (f) SCOPE OF REPRESENTATION.—Government-ap11 pointed counsel appointed or provided by the Secretary 

12 under this section may provide to an unaccompanied non13 citizen child the full scope of representation, including rep14 resentation in— 

15 (1) any matter relevant to the child’s well16 being, including conditions of detention and matters 

17 relating to medical and mental health services and 

18 medication; 

19 (2) placement review hearings; 

20 (3) sponsorship hearings; and 

21 (4) any other matter relating to immigration. 

22 (g) COOPERATION OF OFFICE OF REFUGEE RESET23 TLEMENT REQUIRED.— 

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

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1 izen child has access to prompt, reasonable, and reg2 ular direct communication with case managers, case 

3 coordinators, and Federal field specialists overseeing 

4 the child’s placement, release, family reunification, 

5 transfer, and medical and mental health services. 

6 (2) REQUESTS BY COUNSEL FOR INFORMA7 TION.—On request by the legal counsel or the inde8 pendent legal services provider of an unaccompanied 

9 noncitizen child, the Director shall provide, not later 

10 than 7 days after the date on which the request is 

11 made, the following: 

12 (A) The names and telephone numbers of 

13 all prospective sponsors of the unaccompanied 

14 noncitizen child concerned. 

15 (B) A copy of the complete Office of Ref16 ugee Resettlement case file and records of the 

17 unaccompanied noncitizen child concerned. 

18 TITLE V—APPOINTMENT OF 

19 CHILD ADVOCATES AND IM20 PROVEMENTS TO IMMIGRA21 TION COURTS 

22 SEC. 501. APPOINTMENT OF CHILD ADVOCATES. 

23 (a) IN GENERAL.—The Secretary shall appoint inde24 pendent child advocates to unaccompanied noncitizen chil25 dren, including— 


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1 (1) each vulnerable unaccompanied noncitizen 

2 child in the custody of the Secretary; and 

3 (2) each vulnerable unaccompanied noncitizen 

4 child who has been released from such custody. 

5 (b) EXPANSION OF CHILD ADVOCATE SERVICES.— 

6 (1) IN GENERAL.—The Secretary shall increase 

7 funding for child advocate services to facilitate the 

8 expansion, by not later than the date that is 180 

9 days after the date of the enactment of this Act, of 

10 the provision of such services to all locations at 

11 which— 

12 (A) unaccompanied noncitizen children in 

13 the custody of the Secretary are housed; or 

14 (B) unaccompanied noncitizen children ap15 pear before immigration courts for removal pro16 ceedings. 

17 (2) PRIORITIZATION.—In expanding services 

18 under this subsection, the Secretary shall prioritize 

19 locations that have the highest numbers of unaccom20 panied noncitizen children in the custody of the Sec21 retary and unaccompanied noncitizen children ap22 pearing before immigration courts. 

23 (3) ACCESS TO RECORDS.— 

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1 cess to all materials necessary to effectively ad2 vocate for the best interests of the unaccom3 panied noncitizen child concerned, including the 

4 child’s complete Office of Refugee Resettlement 

5 case file and records. 

6 (B) REQUEST.—On request by such a 

7 child advocate, the Director shall provide a 

8 complete copy of an unaccompanied noncitizen 

9 child’s Office of Refugee Resettlement case file 

10 and records not later than 72 hours after the 

11 request is made. 

12 (4) BEST INTEREST RECOMMENDATIONS.—A 

13 child advocate appointed under this section shall 

14 submit a best interest recommendation based on law, 

15 policy, medical or behavioral health, and relevant so16 cial science research to any Federal or State agency 

17 making a decision with respect to the best interests 

18 of an unaccompanied noncitizen child, including— 

19 (A) the Department of Health and Human 

20 Services; 

21 (B) the Department of Justice; 

22 (C) the Department of Homeland Security; 

23 and 

24 (D) a Federal, State, or Tribal court. 


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1 (5) CONFIDENTIALITY.—All communications 

2 between child advocates appointed under this section 

3 and unaccompanied noncitizen children shall be con4 fidential, and such a child advocate may not be com5 pelled to testify or provide evidence, in any pro6 ceeding, with respect to any information or opinion 

7 conveyed to the child advocate by an unaccompanied 

8 noncitizen child in the course of serving as child ad9 vocate. 

10 (6) LEGAL SUPPORT.—The Secretary shall en11 sure that each location at which child advocate serv12 ices are provided under this section is staffed with 

13 1 or more attorneys who have expertise in immigra14 tion law and child welfare law. 

15 (7) AUTHORIZATION OF APPROPRIATIONS.— 

16 There are authorized to be appropriated such sums 

17 as may be necessary to carry out this subsection. 

18 SEC. 502. IMMIGRATION COURT IMPROVEMENTS. 

19 (a) HIRING OF IMMIGRATION JUDGES.— 

20 (1) IN GENERAL.—To adjudicate pending cases 

21 and efficiently process future cases, the Attorney 

22 General shall increase the total number of immigra23 tion judges by not fewer than 75 judges during fis24 cal year 2025. 


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1 (2) QUALIFICATIONS.—The Attorney General 

2 shall ensure that each immigration judge hired 

3 under this subsection— 

4 (A) is highly qualified; 

5 (B) has substantial experience in the field 

6 of immigration law; and 

7 (C) is trained to conduct fair and impartial 

8 hearings in accordance with applicable due 

9 process requirements. 

10 (3) NO PREFERENCE FOR CANDIDATES WITH

11 PRIOR SERVICE IN THE FEDERAL GOVERNMENT.—In 

12 selecting immigration judges under this subsection, 

13 the Attorney General may not assign any preference 

14 to a candidate who has prior service in the Federal 

15 Government over a candidate who has equivalent 

16 subject matter expertise based on experience in a 

17 nonprofit organization, private practice, or aca18 demia, but does not have previous Federal service. 

19 (b) IMMIGRATION COURT STAFF.—During fiscal year 

20 2025, the Attorney General shall— 

21 (1) increase the total number of judicial law 

22 clerks at the Executive Office for Immigration Re23 view by 75; and 


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1 (2) increase the total number of support staff 

2 for immigration judges, including legal assistants 

3 and interpreters, by 300. 

4 (c) SUPPORT STAFF; OTHER RESOURCES.—The At5 torney General shall ensure that the Executive Office for 

6 Immigration Review has sufficient support staff, adequate 

7 technological and security resources, and appropriate fa8 cilities to conduct the immigration proceedings required 

9 under Federal law. 

10 (d) LIMITATION.—Amounts appropriated for the Ex11 ecutive Office for Immigration Review or for any other di12 vision, activity, or function of the Department of Justice 

13 may not be used to implement numeric case load judicial 

14 performance standards or other standards that could neg15 atively impact the fair administration of justice by the im16 migration courts. 

17 (e) DOCKET MANAGEMENT FOR RESOURCE CON18 SERVATION.—Notwithstanding any opposition from the 

19 Secretary of Homeland Security or the Attorney General, 

20 immigration judges shall administratively close or termi21 nate cases, and the Board of Immigration Appeals shall 

22 remand cases for administrative closure, if an individual 

23 in removal proceedings— 

24 (1) appears to be prima facie eligible for a visa 

25 or any other immigration benefit; and 


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1 (2) has a pending application for such benefit 

2 before U.S. Citizenship and Immigration Services or 

3 any other applicable Federal agency. 

4 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as may be 

6 necessary to carry out this section. 

7 TITLE VI—OVERSIGHT, MONI8 TORING, AND ENFORCEMENT 

9 SEC. 601. OFFICE OF THE OMBUDSPERSON FOR UNACCOM10 PANIED NONCITIZEN CHILDREN IN IMMIGRA11 TION CUSTODY. 

12 (a) ESTABLISHMENT.—There is established within 

13 the Department of Health and Human Services an Office 

14 of the Ombudsperson for Unaccompanied Noncitizen Chil15 dren (referred to in this section as the ‘‘Office’’) to mon16 itor and oversee compliance with this Act and the amend17 ments made by this Act. 

18 (b) INDEPENDENCE.—The Office shall be an impar19 tial, confidential resource that is fully independent of— 

20 (1) the Office of Refugee Resettlement; and 

21 (2) the Department of Homeland Security. 

22 (c) OMBUDSPERSON.— 

23 (1) IN GENERAL.—The Office shall be headed 

24 by an Ombudsperson, who shall be appointed by, 

25 and report directly to, the Secretary. 


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1 (2) RECOMMENDATIONS FROM STAKE2 HOLDERS.—Before making an appointment under 

3 paragraph (1), the Secretary shall solicit and con4 sider candidate recommendations from organizations 

5 that provide legal services to, and advocate on behalf 

6 of, immigrant children. 

7 (3) LIMITATION ON CERTAIN FORMER EMPLOY8 EES.—The Secretary may not appoint as 

9 Ombudsperson any individual who, during the 2-year 

10 period preceding the date of appointment, was an 

11 employee of the Office of Refugee Resettlement or 

12 the Department of Homeland Security. 

13 (4) TERM.— 

14 (A) IN GENERAL.—Subject to subpara15 graph (C), the term of an Ombudsperson ap16 pointed under this subsection shall be not more 

17 than 4 years. 

18 (B) CONSECUTIVE TERMS.—An 

19 Ombudsperson may be appointed for consecu20 tive terms. 

21 (C) EXPIRATION.—The term of an 

22 Ombudsperson shall not expire before the date 

23 on which the Ombudsperson’s successor is ap24 pointed. 


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1 (5) REMOVAL FOR CAUSE.—The Secretary may 

2 only remove or suspend an Ombudsperson for ne3 glect of duty or gross misconduct. 

4 (6) DUTIES AND AUTHORITIES.— 

5 (A) REGIONAL OFFICES.— 

6 (i) ESTABLISHMENT.—The 

7 Ombudsperson shall establish not fewer 

8 than 7 regional offices of the Office— 

9 (I) to strengthen State oversight; 

10 (II) to investigate complaints; 

11 (III) to coordinate with State li12 censing entities; and 

13 (IV) to identify and address dif14 ferences among State child protection 

15 laws. 

16 (ii) LOCATIONS.— 

17 (I) IN GENERAL.—The regional 

18 offices required under clause (i) shall 

19 be established in the following loca20 tions: 

21 (aa) 1 regional office in 

22 Texas. 

23 (bb) 1 regional office in Ari24 zona. 


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1 (cc) 1 regional office in Cali2 fornia or a State in the North3 west. 

4 (dd) 1 regional office in a 

5 State in the Midwest. 

6 (ee) 1 regional office in a 

7 State in the Mid-Atlantic. 

8 (ff) 1 regional office in a 

9 State in the Northeast. 

10 (gg) 1 regional office in a 

11 State in the Southeast. 

12 (II) ADDITIONAL LOCATIONS.— 

13 The Ombudsperson may make a rec14 ommendation to the Secretary with 

15 respect to the location of any addi16 tional regional office. 

17 (iii) APPOINTMENT OF DEPUTIES.— 

18 The Ombudsperson shall appoint a full19 time deputy for each regional office, who 

20 shall serve at the Ombudsperson’s discre21 tion. 

22 (iv) APPLICABILITY OF OTHER PROVI23 SIONS.—The regional offices established 

24 under this subparagraph shall have the 

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1 tain the same rights, roles, and responsibil2 ities, and be subject to the same confiden3 tiality requirements as the Office. 

4 (B) HIRING.— 

5 (i) IN GENERAL.—The Ombudsperson 

6 shall hire to carry out the functions of the 

7 Office necessary personnel, including cler8 ical personnel, who shall serve at the dis9 cretion of the Ombudsperson. 

10 (ii) SUBJECT MATTER EXPERTS.—The 

11 personnel hired under clause (i) shall in12 clude relevant subject matter experts, in13 cluding— 

14 (I) legal advocates or specialists 

15 in the fields of child and family wel16 fare, immigration, and human rights; 

17 (II) pediatricians; 

18 (III) child and adolescent psychi19 atrists and psychologists; 

20 (IV) social workers; 

21 (V) data analysts with demon22 strable expertise in child welfare or 

23 immigration; and 


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1 (VI) youth or young adults with 

2 experience as noncitizen children in 

3 immigration custody. 

4 (C) MONITORING.— 

5 (i) IN GENERAL.—The Ombudsperson 

6 shall monitor, including by making site vis7 its, for compliance with all applicable law 

8 and standards relating to noncitizen chil9 dren in immigration custody. 

10 (ii) INFLUX FACILITIES.—The 

11 Ombudsperson shall conduct site visits of 

12 influx facilities, as described in section 

13 306. 

14 (D) INVESTIGATIONS.— 

15 (i) IN GENERAL.—The 

16 Ombudsperson— 

17 (I) may conduct any investigation 

18 relating to noncitizen children in im19 migration custody the Ombudsperson 

20 considers necessary; and 

21 (II) shall investigate— 

22 (aa) claims of abuse, ne23 glect, or mistreatment of noncit24 izen children by the Government 


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1 or any other entity while in im2 migration custody; and 

3 (bb) complaints made 

4 against foster care providers, in5 cluding in the case of such a pro6 vider that is subject to State 

7 oversight. 

8 (ii) TIMELINE.—The Ombudsperson 

9 shall commence an investigation under 

10 clause (i)(II) not later than 30 days after 

11 the date on which a claim or complaint de12 scribed in that clause is received. 

13 (iii) REPORTING OF STATE LICENSING

14 VIOLATIONS.—If in the course of an inves15 tigation under clause (i)(II)(bb) the 

16 Ombudsperson discovers a State licensing 

17 violation, the Ombudsperson shall report 

18 the violation to the child welfare licensing 

19 agency of the applicable State. 

20 (iv) PROCEDURES.—The 

21 Ombudsperson shall establish a procedure 

22 for conducting investigations, receiving and 

23 processing complaints, and reporting find24 ings. 

25 (v) NOTIFICATION.— 


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1 (I) COMMENCEMENT OF INVES2 TIGATION.—If the Ombudsperson de3 cides to commence an investigation 

4 based on a complaint received, not 

5 later than 45 days after the date on 

6 which the investigation commences, 

7 the Ombudsperson shall so notify the 

8 complainant. 

9 (II) DECISION NOT TO INVES10 TIGATE OR TO DISCONTINUE INVES11 TIGATION.—If the Ombudsperson de12 cides not to investigate a complaint or 

13 to discontinue an investigation com14 menced under this subparagraph, not 

15 later than 45 days after the date on 

16 which such an action is taken, the 

17 Ombudsperson shall notify the com18 plainant and provide a reason for 

19 such action. 

20 (III) PROGRESS AND RESULTS.— 

21 The Ombudsperson shall provide a 

22 complainant with updates on the 

23 progress of an investigation and shall 

24 notify the complainant of the results 

25 of the investigation. 


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1 (vi) CONFIDENTIALITY.— 

2 (I) IN GENERAL.—All informa3 tion obtained by the Ombudsperson 

4 from a complaint shall be confidential 

5 under applicable Federal and State 

6 confidentiality law, regardless of 

7 whether the Ombudsperson— 

8 (aa) investigates the com9 plaint; 

10 (bb) refers the complaint to 

11 any other entity for investigation; 

12 or 

13 (cc) determines that the 

14 complaint is not a proper subject 

15 for an investigation. 

16 (II) DISCLOSURE.—Disclosure of 

17 any such information may only occur 

18 as necessary to carry out the mission 

19 of the Office and as permitted by law. 

20 (E) REPORTING MECHANISMS.— 

21 (i) IN GENERAL.—The Ombudsperson 

22 shall establish and maintain— 

23 (I) a public toll-free telephone 

24 number to receive complaints and re25 ports of matters for investigation; and 


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1 (II) a public email address to re2 ceive complaints, such reports, and re3 quests for review of placement and 

4 sponsorship decisions. 

5 (ii) AVAILABILITY.— 

6 (I) IN GENERAL.—The 

7 Ombudsperson shall ensure that such 

8 telephone number and email ad9 dress— 

10 (aa) are made available, and 

11 a telephone is accessible, to all 

12 children in immigration custody; 

13 and 

14 (bb) are made available to 

15 prospective sponsors, sponsors, 

16 Flores settlement agreement 

17 class counsel, and legal services 

18 providers and child advocates 

19 who serve such noncitizen chil20 dren. 

21 (II) SPONSORSHIP APPLICA22 TIONS.—The Director shall provide 

23 such telephone number and email ad24 dress to the prospective sponsor of 

25 each unaccompanied noncitizen child. 


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1 (iii) LANGUAGE ACCESS.— 

2 (I) IN GENERAL.—Such tele3 phone number and email address shall 

4 be posted in public areas of each facil5 ity or placement in which 1 or more 

6 children in immigration custody are 

7 held, in multiple languages, including 

8 the top 20 preferred languages. 

9 (II) ADDITIONAL LANGUAGES.— 

10 The Ombudsperson may require that 

11 such contact information be made 

12 available and posted in any additional 

13 language the Ombudsperson considers 

14 necessary based on the demographics 

15 of arriving noncitizen children. 

16 (F) HEARINGS.—The Ombudsperson may 

17 hold public hearings as the Ombudsperson con18 siders necessary. 

19 (G) INDIVIDUAL CASE ASSISTANCE AND

20 REVIEW.— 

21 (i) IN GENERAL.—The Ombudsperson 

22 may offer individual case assistance for 

23 noncitizen children in immigration custody. 

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1 sistance, the Ombudsperson may speak 

2 with a noncitizen child’s prospective spon3 sor, family members, child advocate, legal 

4 counsel, case manager, case coordinator, 

5 and Office of Refugee Resettlement Fed6 eral field specialist staffing the noncitizen 

7 child’s case, as applicable. 

8 (H) STAKEHOLDER MEETINGS.— 

9 (i) COMMUNITY STAKEHOLDERS.— 

10 Not less frequently than quarterly, the 

11 Ombudsperson shall invite community 

12 stakeholders, including attorneys who rep13 resent noncitizen children in immigration 

14 custody, to participate in a meeting. 

15 (ii) DATA TRACKING PERSONNEL.— 

16 Not less frequently than quarterly, the 

17 Ombudsperson shall invite personnel of the 

18 Department of Homeland Security and the 

19 Department of Health and Human Serv20 ices who manage the data tracking systems 

21 described in section 602 to participate in a 

22 meeting for the purpose of informing the 

23 Ombudsperson with respect to the efficacy 

24 and responsiveness of the system with em25 pirical data, analysis, and data needs. 


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1 (iii) ADDITIONAL MEETINGS.—The 

2 Ombudsperson may convene additional 

3 meetings at any time, as the 

4 Ombudsperson considers necessary. 

5 (I) REPORTING.— 

6 (i) ANNUAL PUBLIC REPORT.— 

7 (I) IN GENERAL.—Not less fre8 quently than annually, the 

9 Ombudsperson shall issue a public re10 port on the implementation of and 

11 compliance with this Act and the 

12 amendments made by this Act, by the 

13 Secretary and the Secretary of Home14 land Security. 

15 (II) ELEMENTS.—Each report 

16 under subclause (I) shall include the 

17 following: 

18 (aa) For the preceding fiscal 

19 year, the accomplishments and 

20 challenges relating to such imple21 mentation and compliance. 

22 (bb) A summary of com23 plaints made and investigations 

24 carried out during the preceding 

25 fiscal year, including— 


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1 (AA) the number of 

2 complaints and number and 

3 nature of other contacts; 

4 (BB) the number of 

5 complaints made, including 

6 the type and source; 

7 (CC) the number of in8 vestigations carried out; 

9 (DD) the trends and 

10 issues that arose in the 

11 course of investigating com12 plaints; and 

13 (EE) the number of 

14 pending complaints. 

15 (cc) For the preceding fiscal 

16 year, a summary of— 

17 (AA) each site visit 

18 conducted; 

19 (BB) any interview 

20 with a noncitizen child or fa21 cility staff; 

22 (CC) facility audits and 

23 corrective actions taken or 

24 recommended; 


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1 (DD) appeals made to 

2 the Ombudsperson; and 

3 (EE) any other infor4 mation the Ombudsperson 

5 considers relevant. 

6 (dd) A detailed analysis of 

7 the data collected under section 

8 602. 

9 (ee) Recommendations— 

10 (AA) for improving im11 plementation and compliance 

12 with this Act and the 

13 amendments made by this 

14 Act; and 

15 (BB) as to whether the 

16 Director should renew or 

17 cancel contracts with par18 ticular Office of Refugee Re19 settlement grantees. 

20 (ff) A description of the pri21 orities for the subsequent fiscal 

22 year. 

23 (ii) REPORT ON TRAINING MATE24 RIALS.—The Ombudsperson shall issue a 

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1 veloped by the Director under section 

2 203(d)(4) that includes a description of 

3 any concerns the Ombudsperson has with 

4 respect to the materials. 

5 (iii) ADDITIONAL REPORTS.—The 

6 Ombudsperson may issue additional re7 ports at any time, including data analyses 

8 and findings, as the Ombudsperson con9 siders necessary. 

10 (J) INFORMATION GATHERING.— 

11 (i) IN GENERAL.—The Ombudsperson 

12 may submit to the Director, the Director 

13 of U.S. Immigration and Customs Enforce14 ment, and the juvenile coordinators of U.S. 

15 Customs and Border Protection requests 

16 for information with respect to the imple17 mentation of this Act. 

18 (ii) RESPONSE REQUIRED.—Not later 

19 than 30 days after the date on which a ju20 venile coordinator receives a request for in21 formation under clause (i), the juvenile co22 ordinator shall submit a detailed response 

23 to the Ombudsperson, the Director, the Di24 rector of U.S. Immigration and Customs 


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1 Enforcement, and the Commissioner of 

2 U.S. Customs and Border Protection. 

3 (iii) COOPERATION REQUIRED.—The 

4 Secretary and the Secretary of Homeland 

5 Security shall— 

6 (I) cooperate with any request 

7 for information by the Ombudsperson; 

8 and 

9 (II) report to the Ombudsperson 

10 any policy or instruction issued to em11 ployees regarding the implementation 

12 of this Act. 

13 (K) SUBPOENA AUTHORITY.— 

14 (i) IN GENERAL.—The Ombudsperson 

15 may— 

16 (I) issue a subpoena to require 

17 the production of all information, re18 ports, and other documentary evidence 

19 necessary to carry out the duties of 

20 the Ombudsperson; and 

21 (II) compel by subpoena, at a 

22 specified time and place— 

23 (aa) the appearance and 

24 sworn testimony of an individual 

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1 ably believes may be able to pro2 vide information relating to a 

3 matter under investigation; and 

4 (bb) the production by an 

5 individual of a record of an ob6 ject that the Ombudsperson rea7 sonably believes may relate to a 

8 matter under investigation. 

9 (ii) EFFECT OF FAILURE TO COM10 PLY.—In the case of an individual who 

11 fails to comply with a subpoena issued 

12 under this subparagraph, the 

13 Ombudsperson may commence a civil ac14 tion in an appropriate court. 

15 (L) ADDITIONAL DUTIES.—The 

16 Ombudsperson shall— 

17 (i) develop notices of rights, as de18 scribed in sections 105(d)(5) and 202; 

19 (ii) review training materials, as de20 scribed in section 203(d)(4); 

21 (iii) conduct reviews of decisions in 

22 placement review hearings, as described in 

23 section 226(b)(6); 


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1 (iv) conduct reviews of decisions in 

2 sponsorship hearings, as described in sec3 tion 232(b)(3)(H); 

4 (v) regularly review data collected 

5 under section 602; and 

6 (vi) track and monitor processing 

7 times and length of custody for noncitizen 

8 children in immigration custody. 

9 (d) ACCESS.— 

10 (1) FACILITIES.— 

11 (A) IN GENERAL.—The Secretary and the 

12 Secretary of Homeland Security shall ensure 

13 unobstructed access by the Ombudsperson to 

14 any facility at which a noncitizen child is de15 tained. 

16 (B) INFORMATION COLLECTION FOR SITE

17 VISITS.—For each site visit conducted by the 

18 Ombudsperson, facility staff shall provide a list 

19 of the unaccompanied noncitizen children 

20 housed in the facility, including their names, 

21 alien registration numbers, dates of birth, dates 

22 of apprehension, and the dates of facility place23 ment— 


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1 (i) in the case of an announced site 

2 visit, not less than 48 hours before the ar3 rival of the Ombudsperson; and 

4 (ii) in the case of an unannounced site 

5 visit, on the arrival of the Ombudsperson. 

6 (C) PRIVATE AND CONFIDENTIAL

7 SPACE.—A facility shall provide a private and 

8 confidential space in which the Ombudsperson 

9 may interview unaccompanied noncitizen chil10 dren and staff. 

11 (D) DELEGATION.—The Ombudsperson 

12 may designate 1 or more individuals from out13 side the Ombudperson’s office to conduct site 

14 visits and interview detained children. 

15 (2) INFORMATION.—On request by the 

16 Ombudsperson, the Secretary shall ensure, not later 

17 than 48 hours after receipt of the request, unob18 structed access by the Ombudsperson to— 

19 (A) the case files, records, reports, audits, 

20 documents, papers, recommendations, or any 

21 other pertinent information relating to the care 

22 and custody of a noncitizen child; and 

23 (B) the written policies and procedures of 

24 all childcare facilities. 


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1 (3) DEFINITION OF UNOBSTRUCTED ACCESS.— 

2 In this subsection, the term ‘‘unobstructed access’’ 

3 means— 

4 (A) with respect to a facility, the ability— 

5 (i) to enter the facility at any time, 

6 including unannounced, to observe and in7 spect all areas of the facility; 

8 (ii) to communicate privately and 

9 without restriction with any child, care10 giver, facility staff, or volunteer; and 

11 (iii) to obtain, review, and reproduce 

12 any— 

13 (I) record of a child, staff mem14 ber, or caregiver; 

15 (II) administrative record, policy, 

16 or document of any facility; 

17 (III) licensing record maintained 

18 by the applicable Federal or State 

19 agency; or 

20 (IV) record, including a confiden21 tial record, of a Federal or State 

22 agency or any contractor of a Federal 

23 or State agency, except sealed court 

24 records, production of which may only 

25 be compelled by subpoena; and 


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1 (B) with respect to information, the ability 

2 to obtain requested information in a timely 

3 manner and with the full cooperation of the 

4 Secretary or the Secretary of Homeland Secu5 rity, as applicable. 

6 (e) CONFIDENTIALITY.— 

7 (1) IDENTITY OF COMPLAINANTS AND WIT8 NESSES.—The Ombudsperson shall maintain con9 fidentiality with respect to the identities of complain10 ants or witnesses coming before the Office, except if 

11 such a disclosure is necessary— 

12 (A) to carry out the duties of the 

13 Ombudsperson; and 

14 (B) to support recommendations made in 

15 individual cases, annual reports, or other re16 ports. 

17 (2) RECORDS.—In accordance with relevant 

18 Federal and State law, the Ombudsperson may not 

19 disclose a confidential record. 

20 (3) TESTIMONY AND DEPOSITION.—The 

21 Ombudsperson and employees of the Office may not 

22 testify or be deposed in a judicial or administrative 

23 proceeding regarding matters that have come to 

24 their attention in the exercise of their official duties, 

25 except as the Ombudsperson considers necessary to 


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1 enforce this Act or the amendments made by this 

2 Act. 

3 (4) SUBPOENA AND DISCOVERY.—The records 

4 of the Office, including notes, drafts, and records ob5 tained from an individual, a provider, or an agency 

6 during intake, review, or investigation of a com7 plaint, and any reports not released to the public are 

8 not subject to disclosure or production in response 

9 to a subpoena or discovery in a judicial or adminis10 trative proceeding, except as the Ombudsperson con11 siders necessary to enforce this Act or the amend12 ments made by this Act. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated such sums as are nec15 essary to carry out this section. 

16 SEC. 602. DATA COLLECTION AND REPORTING. 

17 (a) DEPARTMENT OF HOMELAND SECURITY.— 

18 (1) IN GENERAL.—The Secretary of Homeland 

19 Security shall collect and maintain a record of each 

20 noncitizen child held in the custody of the Secretary 

21 of Homeland Security. 

22 (2) FREQUENCY AND SUBMISSION OF DATA

23 COLLECTED.— 


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1 (A) IN GENERAL.—Not less frequently 

2 than weekly, the Secretary of Homeland Secu3 rity shall— 

4 (i) collect the information described in 

5 paragraph (3) from each district office and 

6 Border Patrol station; and 

7 (ii) submit such data to— 

8 (I) the Ombudsperson; and 

9 (II) the Committee on the Judici10 ary and the Committee on Appropria11 tions of the Senate and the Com12 mittee on the Judiciary and the Com13 mittee on Appropriations of the House 

14 of Representatives. 

15 (3) INFORMATION DESCRIBED.—The informa16 tion described in this paragraph is the following: 

17 (A) INDIVIDUAL DATA.—For each noncit18 izen child in the custody of the Secretary of 

19 Homeland Security, the following: 

20 (i) Biographical information, including 

21 full name, date of birth, country of citizen22 ship, preferred language, and alien num23 ber. 

24 (ii) The date the child was appre25 hended and placed in such custody. 


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1 (iii) The date and the time the child 

2 was released or transferred from such cus3 tody and to whom the child was so released 

4 or transferred. 

5 (iv) For each accompanying family 

6 member of the child or other adult the 

7 child identifies as a previous caregiver, bio8 graphical and contact information. 

9 (v) An indication as to whether the 

10 child arrived in the company of a family 

11 member other than a parent or legal 

12 guardian, and in the case of a separation 

13 from that family member, a justification 

14 for the separation. 

15 (B) AGGREGATED DATA.— 

16 (i) The number of children in the cus17 tody of the Secretary of Homeland Secu18 rity as of the last day of each calendar 

19 month, calculated to include all such chil20 dren, disaggregated by— 

21 (I) facility; and 

22 (II) Border Patrol sector. 

23 (ii) The largest number of children 

24 concurrently held in such custody, cal25 culated to include all such children, and 


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1 the 1 or more dates on which such largest 

2 number occurred, disaggregated by— 

3 (I) facility; and 

4 (II) Border Patrol sector. 

5 (iii) The median and average number 

6 of hours in such custody for each such 

7 child, calculated to include all such chil8 dren, disaggregated by— 

9 (I) facility; and 

10 (II) Border Patrol sector. 

11 (4) PUBLICATION.—Not less frequently than 

12 monthly, the Secretary of Homeland Security shall 

13 publish on a publicly accessible internet website of 

14 the Department of Homeland Security the following: 

15 (A) The figures for the data collected 

16 under paragraph (3)(B)(i). 

17 (B) For the preceding calendar month, the 

18 figures for the data collected under clauses (ii) 

19 and (iii) of paragraph (3)(B). 

20 (b) OFFICE OF REFUGEE RESETTLEMENT.— 

21 (1) IN GENERAL.—To support the data collec22 tion and monitoring duties of the Ombudsperson and 

23 to facilitate public monitoring, the Director shall— 

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1 graphic information that is pertinent to serv2 ing— 

3 (i) the population of unaccompanied 

4 noncitizen children in the custody of the 

5 Secretary of Health and Human Services; 

6 and 

7 (ii) children who have been released 

8 from such custody with services pending; 

9 (B) not less than every 3 years, review the 

10 data collected, the categorization of such data, 

11 the information architecture for organizing and 

12 analyzing such data, any safety concern relating 

13 to the collection of such data, and the method 

14 for obtaining or collecting such data under such 

15 system; 

16 (C)(i) as appropriate, revise such system to 

17 make improvements in service delivery to unac18 companied noncitizen children; and 

19 (ii) if such system is so revised, ensure the 

20 continuity of comparative data from periods be21 fore and after the revision; and 

22 (D) ensure the ongoing functioning and 

23 use of such system by the Office of Refugee Re24 settlement. 


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1 (2) FREQUENCY OF DATA COLLECTED.—Not 

2 less frequently than weekly, the Director shall— 

3 (A) collect from each childcare facility the 

4 information described in paragraph (3); and 

5 (B) maintain such information in the sys6 tem described in paragraph (1)(A). 

7 (3) INFORMATION DESCRIBED.—The informa8 tion described in this paragraph is the following: 

9 (A) INDIVIDUAL DATA.—For each unac10 companied noncitizen child in the custody of the 

11 Secretary of Homeland Security— 

12 (i) biographical information, including 

13 full name, date of birth, country of citizen14 ship, preferred language, and alien num15 ber; 

16 (ii) the date the child was appre17 hended and placed in such custody of the 

18 Secretary of Homeland Security; 

19 (iii) the date the child was placed in 

20 the custody of the Secretary of Health and 

21 Human Services; 

22 (iv) the date on which the child was 

23 placed in a childcare facility, or transferred 

24 between childcare facilities, as applicable, 


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1 and the name and location of each 

2 childcare facility; 

3 (v) in the case of a child placed in a 

4 residential treatment center, therapeutic 

5 childcare facility, staff-secure facility, or 

6 out-of-network facility, a justification for 

7 such placement; 

8 (vi) the status of the child’s family re9 unification process, including— 

10 (I) a record of the 1 or more case 

11 managers who have worked on the 

12 child’s case, including a description of 

13 the work performed; 

14 (II) in the case of a child who is 

15 released or discharged from the cus16 tody of the Secretary of Health and 

17 Human Services— 

18 (aa) the date of release or 

19 discharge; 

20 (bb) the name of the indi21 vidual to whom the child was re22 leased, as applicable; and 

23 (cc) the reason for release or 

24 discharge; and 


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1 (III) in the case of a child re2 moved from the United States, the 

3 date of removal and the country to 

4 which he or she was removed, regard5 less of whether a child was removed 

6 directly from the custody of the Sec7 retary of Health and Human Services; 

8 and 

9 (vii) the number of occasions on which 

10 the operator of a childcare facility or an 

11 influx facility contacted law enforcement 

12 with respect to the child, as applicable, and 

13 the justification for each such contact. 

14 (B) FACILITY DATA.—For each childcare 

15 facility or influx facility funded by the Depart16 ment of Health and Human Services— 

17 (i) the median length of stay for unac18 companied noncitizen children placed at 

19 the facility; 

20 (ii) for children who have been re21 leased to sponsors, the median amount of 

22 time spent by such children in the custody 

23 of the Secretary of Health and Human 

24 Services before release; 


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1 (iii) the utilization rate of the facility 

2 (excluding funded but unplaceable beds 

3 and calculated as the number of filled beds 

4 divided by the number of beds available for 

5 placement, expressed as a percentage); 

6 (iv) the percentage of unaccompanied 

7 noncitizen children transferred from the 

8 facility to any other facility, calculated on 

9 a rolling basis; and 

10 (v) the number and type of child 

11 abuse or neglect allegations against facility 

12 staff or against other children in the facil13 ity, and the number of such allegations 

14 substantiated. 

15 (C) NATIONAL CAPACITY DATA.— 

16 (i) IN GENERAL.—For all childcare 

17 facilities and influx facilities, in the aggre18 gate— 

19 (I) the number of pending beds; 

20 and 

21 (II) the number of delivered 

22 beds, disaggregated by— 

23 (aa) beds occupied by unac24 companied noncitizen children; 


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1 (bb) unoccupied beds avail2 able for potential use by unac3 companied noncitizen children; 

4 and 

5 (cc) unavailable beds that 

6 are funded but cannot receive 

7 children. 

8 (ii) DEFINITIONS.—In this subpara9 graph: 

10 (I) DELIVERED BED.—The term 

11 ‘‘delivered bed’’ means a bed delivered 

12 to the Department of Health and 

13 Human Services for use by an unac14 companied noncitizen child. 

15 (II) PENDING BED.—The term 

16 ‘‘pending bed’’ means a bed— 

17 (aa) to be provided to the 

18 Department of Health and 

19 Human Services for use by an 

20 unaccompanied noncitizen child 

21 that is funded by a grant, cooper22 ative agreement, contract, or any 

23 other means; but 

24 (bb) that is not yet a deliv25 ered bed. 


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1 (D) FAMILY REUNIFICATION DATA.—For 

2 all unaccompanied noncitizen children in the 

3 custody of the Secretary of Health and Human 

4 Services— 

5 (i) the median time-to-release, 

6 disaggregated by— 

7 (I) children released to parents 

8 or legal guardians; 

9 (II) children released to other 

10 sponsors; 

11 (III) children who have home 

12 studies mandated by section 235 of 

13 the Trafficking Victims Protection 

14 Reauthorization Act of 2008 (8 

15 U.S.C. 1232); 

16 (IV) children granted home stud17 ies through the discretion of the Di18 rector; and 

19 (V) all other children; and 

20 (ii) the number of children who have 

21 been in such custody for more than 90 

22 days, disaggregated by— 

23 (I) children placed in therapeutic 

24 foster care; 


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1 (II) children placed in long-term 

2 foster care; and 

3 (III) children in placements that 

4 are not therapeutic foster care or 

5 long-term foster care. 

6 (E) COMPREHENSIVE NATIONAL DATA.— 

7 (i) The number and characteristics of 

8 children placed in and exiting the custody 

9 of the Secretary of Health and Human 

10 Services. 

11 (ii) The status of the unaccompanied 

12 noncitizen child population, including the 

13 number of such children in such custody, 

14 age cohorts of such children, length of 

15 placements, types of placements, location 

16 in-network or out-of-network, and goals for 

17 reunification by sponsor or placement type. 

18 (iii) The number and percentage of 

19 unaccompanied noncitizen children des20 ignated for and receiving any of the fol21 lowing: 

22 (I) Mandatory home studies. 

23 (II) Discretionary home studies. 

24 (III) Post-release services. 


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1 (iv) The number and percentage of 

2 unaccompanied noncitizen children held in 

3 a facility funded by the Office of Refugee 

4 Resettlement with more than 25 other un5 accompanied noncitizen children. 

6 (v) The number and percentage of un7 accompanied noncitizen children with spe8 cial needs or disabilities (as defined in sec9 tion 3 of the Americans with Disabilities 

10 Act of 1990 (42 U.S.C. 12102)). 

11 (vi) For each type of childcare facility 

12 and each influx facility— 

13 (I) the average national case 

14 manager-to-child ratio; and 

15 (II) the national utilization rate 

16 (excluding funded but unplaceable 

17 beds and calculated as the number of 

18 filled beds divided by the number of 

19 beds available for placement, ex20 pressed as a percentage). 

21 (vii) The number of such facilities al22 leged and found to be out of compliance 

23 with the facility standards under the Pris24 on Rape Elimination Act of 2003 (34 

25 U.S.C. 30301 et seq.). 


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1 (viii) The number and types of viola2 tions for sexual abuse and exploitation al3 leged and resolved with respect to unac4 companied noncitizen children while in the 

5 custody of the Secretary of Health and 

6 Human Services, counted and categorized 

7 in accordance with the Prison Rape Elimi8 nation Act of 2003 (34 U.S.C. 30301 et 

9 seq.). 

10 (ix) The rate of compliance with sub11 paragraphs (A) and (B) of section 

12 231(a)(2). 

13 (F) FURTHER POPULATION AND GENERAL

14 CHARACTERISTICS DATA.— 

15 (i) IN GENERAL.— 

16 (I) The general status and char17 acteristics of the population of unac18 companied noncitizen children and 

19 their family members. 

20 (II) The general quality and 

21 speed of the placement process, and 

22 information on post-placement out23 comes. 


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1 (III) Barriers to release for such 

2 children, including relevant cross-tab3 ulations with other collected data. 

4 (IV) An identification of children 

5 who are vulnerable to or victims of 

6 human trafficking. 

7 (V) The general status and char8 acteristics of facilities funded by the 

9 Office of Refugee Resettlement for the 

10 purpose of the care of unaccompanied 

11 noncitizen children. 

12 (VI) The rate of increase or de13 crease in childcare facility usage, such 

14 that cross-facility comparisons are 

15 useful or systemwide seasonal vari16 ations may be anticipated. 

17 (VII) Aggregate measures that 

18 allow comparison between facilities by 

19 size, placement type, and any other 

20 appropriate factor of number and type 

21 of child abuse or neglect allegations 

22 against staff or against other children. 

23 (ii) COLLECTION STANDARDS.—The 

24 Director shall develop and implement 


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1 standards for the collection of the informa2 tion described in clause (i). 

3 (4) SUBMISSION OF DATA AND INFORMATION.— 

4 Not less frequently than weekly, the Director shall 

5 submit, in a manner that corresponds with publica6 tion under paragraph (6), the information described 

7 in paragraph (3) for the preceding week to— 

8 (A) the Ombudsperson; and 

9 (B) the Committee on the Judiciary and 

10 the Committee on Appropriations of the Senate 

11 and the Committee on the Judiciary and the 

12 Committee on Appropriations of the House of 

13 Representatives. 

14 (5) ADDITIONAL REQUIREMENTS.— 

15 (A) RELIABILITY AND CONSISTENCY OF

16 DATA COLLECTION SYSTEM.—The data collec17 tion system developed and implemented under 

18 paragraph (1) shall— 

19 (i) ensure that— 

20 (I) data collected is reliable and 

21 consistent over time and among juris22 dictions through the use of uniform 

23 definitions and methodologies; and 


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1 (II) publicly available data re2 mains reliable and consistent over 

3 time, unless— 

4 (aa) the removal of data 

5 from the public domain protects 

6 individuals or groups of individ7 uals from harm or potential 

8 harm; or 

9 (bb) a modification to a defi10 nition or methodology is nec11 essary to allow the Office of Ref12 ugee Resettlement to serve unac13 companied noncitizen children 

14 better, individually or as a group; 

15 and 

16 (ii) for the information described in 

17 paragraph (3)(F), include metadata with 

18 respect to whether, and in what form, such 

19 information may be made available to the 

20 public, with the presumption that informa21 tion shall be made available to the public— 

22 (I) in the least restricted form 

23 that protects individual privacy; and 


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1 (II) on the same internet website 

2 used for publication under paragraph 

3 (6). 

4 (B) INCENTIVES.—The Director shall use 

5 appropriate requirements and incentives to en6 sure that the data collection system developed 

7 and implemented under paragraph (1) functions 

8 reliably throughout the United States. 

9 (6) PUBLICATION.— 

10 (A) MONTHLY REPORT.— 

11 (i) IN GENERAL.—Not less frequently 

12 than monthly, the Director shall publish on 

13 a publicly accessible internet website of the 

14 Office of Refugee Resettlement the fol15 lowing: 

16 (I) As of the last day of the pre17 ceding calendar month, the figures for 

18 the data collected under subpara19 graphs (C), (D)(ii), and (E)(ii) of 

20 paragraph (3). 

21 (II) For each calendar month, 

22 the figures for the data collected 

23 under subparagraphs (D)(i), (E)(i), 

24 (E)(v), and (E)(vi) of paragraph (3). 


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1 (III) If an influx facility, an 

2 emergency facility, or any other unli3 censed facility is in operation to house 

4 noncitizen children, the figures for the 

5 data collected under paragraph 

6 (3)(E)(ix) and any other data re7 quired to ensure oversight and trans8 parency under section 306. 

9 (IV) The data and measures de10 scribed in paragraph (3)(F) for which 

11 new or continuing publication is— 

12 (aa) in the public interest; 

13 or 

14 (bb) required under para15 graph (5)(A). 

16 (V) A description of any change 

17 between the information reported 

18 under subclauses (I) through (IV) for 

19 the reporting period and such infor20 mation reported for the preceding re21 porting period. 

22 (ii) AGGREGATION OF DATA.—The in23 formation published under clause (i) shall 

24 be aggregated so as to facilitate uniform 

25 monthly reporting. 


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1 (B) ANNUAL REPORT.— 

2 (i) IN GENERAL.—Not less frequently 

3 than annually, the Director shall publish 

4 on a publicly accessible internet website of 

5 the Office of Refugee Resettlement the fol6 lowing: 

7 (I) As of the last day of each fis8 cal year, the figures for the data col9 lected under subparagraphs (E)(iii), 

10 (E)(v), (E)(vii), and (E)(viii) of para11 graph (3). 

12 (II) The data and measures de13 scribed in paragraph (3)(F) for which 

14 new or continuing publication is— 

15 (aa) in the public interest; 

16 or 

17 (bb) required under para18 graph (5)(A). 

19 (III) A description of any change 

20 between the information reported 

21 under subclauses (I) and (II) for the 

22 reporting period and such information 

23 reported for the preceding reporting 

24 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 annual reporting. 

5 (c) OMBUDSPERSON REVIEW OF DATA.—The Sec6 retary of Health and Human Services and the Secretary 

7 of Homeland Security shall— 

8 (1) ensure that the Ombudsperson— 

9 (A) has access to all real-time data regard10 ing noncitizen children in immigration custody; 

11 and 

12 (B) is able to independently and regularly 

13 review data collected by the Department of 

14 Health and Human Services and Department of 

15 Homeland Security with respect to such chil16 dren; 

17 (2) respond in a timely manner to inquiries 

18 from the Ombudsperson with respect to such data; 

19 and 

20 (3) promptly take any necessary corrective ac21 tion with respect to the accuracy and integrity of 

22 such data. 

23 SEC. 603. ENFORCEMENT. 

24 (a) AUDITS.— 


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1 (1) IN GENERAL.—Not less frequently than an2 nually, the Director shall conduct an audit of each 

3 childcare facility, which shall include a site visit— 

4 (A) to assess compliance of the childcare 

5 facility with the requirements of this Act; and 

6 (B) to determine whether the operator of 

7 the childcare facility continues to be a State-li8 censed program. 

9 (2) REPORT TO OMBUDSPERSON.—Not later 

10 than 7 days after the date on which the Director 

11 completes an audit under subsection (a), the Direc12 tor shall submit to the Ombudsperson a report on 

13 the audit, including a description of any corrective 

14 action required to bring the childcare facility into 

15 compliance. 

16 (b) VIOLATIONS.— 

17 (1) NOTIFICATION.—With respect to a childcare 

18 facility found to be in violation of this Act, the Di19 rector shall provide the State-licensed program con20 cerned with a written notification of each deficiency. 

21 (2) APPEAL.— 

22 (A) IN GENERAL.—A State-licensed pro23 gram shall have the opportunity to administra24 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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