II 

118TH CONGRESS 

1ST SESSION S. 3128 

To streamline the reporting of violations against immigrant children in Federal custody, to provide protections for unaccompanied immigrant children, and to ensure safe release to sponsors, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 25, 2023 

Mr. DURBIN (for himself, Ms. CORTEZ MASTO, Ms. HIRONO, Mrs. GILLIBRAND, Mr. MERKLEY, Mr. MENENDEZ, Mr. BLUMENTHAL, Ms. BUTLER, Mr. WELCH, and Mr. WHITEHOUSE) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To streamline the reporting of violations against immigrant 

children in Federal custody, to provide protections for 

unaccompanied immigrant children, and to ensure safe 

release to sponsors, and for other purposes. 

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 ‘‘Protecting Unaccompanied Children Act’’. 

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

7 this Act is as follows: 

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•S 3128 IS

Sec. 1. Short title; table of contents. 

TITLE I—STREAMLINING REPORTING OF VIOLATIONS AGAINST 

IMMIGRANT CHILDREN IN FEDERAL CUSTODY 

Sec. 101. Definitions. 

Sec. 102. Office of the Ombudsperson for Immigrant Children in Federal Custody. 

Sec. 103. Data collection. 

Sec. 104. Expert advisory committee. 

Sec. 105. Coordination with Department of Homeland Security. 

Sec. 106. Rule of construction. 

TITLE II—PROTECTIONS FOR IMMIGRANT CHILDREN 

Subtitle A—Unaccompanied Alien Children in Immigration Proceedings 

Sec. 201. Legal representation in removal proceedings. 

Sec. 202. Motions to reopen. 

Subtitle B—Access to Services 

Sec. 211. Clarification of unaccompanied child determination procedures. 

Sec. 212. Improving access to post-release services. 

Sec. 213. State-level coordinators for unaccompanied children’s services. 

Sec. 214. Assistance for children and families separated under zero tolerance. 

Subtitle C—Facilities Housing Unaccompanied Alien Children 

Sec. 221. Technical assistance for community-based care providers. 

Sec. 222. Standards and compliance. 

Subtitle D—Child Welfare at the Border and Prevention of Family 

Separation 

Sec. 231. Child welfare training at the border. 

Sec. 232. Preventing family separation of unaccompanied children. 

TITLE III—ENSURING SAFE RELEASE TO SPONSORS 

Sec. 301. Ensuring safe release to sponsors who are not parents or legal guardians. 

Sec. 302. Expansion and evaluation of home studies. 

Sec. 303. Requirements for child and sponsor case management system. 

TITLE IV—PROTECTIONS AND ACCESS TO CERTAIN SERVICES 

FOR SPECIAL IMMIGRANT JUVENILES AND OTHER VULNERABLE IMMIGRANTS 

Sec. 401. Eliminating annual employment-based visa caps for special immigrant 

juveniles. 

Sec. 402. Elimination of annual numerical limitation on U visas. 

Sec. 403. Access to Medicaid for certain children granted status. 

TITLE V—STOPPING CHILD LABOR TRAFFICKING 

Sec. 501. Victims of serious labor and employment violations or crime. 

Sec. 502. Labor enforcement actions. 

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TITLE VI—GENERAL PROVISIONS 

Sec. 601. Authorization of appropriations. 

Sec. 602. Supplemental appropriation. 

1 TITLE I—STREAMLINING RE2 PORTING OF VIOLATIONS 

3 AGAINST IMMIGRANT CHIL4 DREN IN FEDERAL CUSTODY 

5 SEC. 101. DEFINITIONS. 

6 In this title: 

7 (1) COMMITTEE.—The term ‘‘Committee’’ 

8 means the expert advisory committee established 

9 under section 104(a). 

10 (2) DIRECTOR.—The term ‘‘Director’’ means 

11 the Director of the Office of Refugee Resettlement. 

12 (3) FACILITY.—The term ‘‘facility’’— 

13 (A) means a location at which 1 or more 

14 immigrant children are detained by the Govern15 ment or held in Government custody; and 

16 (B) includes— 

17 (i) an Office of Refugee Resettlement 

18 facility; and 

19 (ii) a Department of Homeland Secu20 rity facility, including— 

21 (I) a U.S. Customs and Border 

22 Protection temporary holding facility 

23 and transportation contractor; 

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1 (II) a U.S. Immigration and Cus2 toms Enforcement family detention 

3 facility; 

4 (III) a U.S. Immigration and 

5 Customs Enforcement juvenile facility; 

6 (IV) a location operated by a pri7 vate entity, including a hotel room; 

8 and 

9 (V) any other location at which 

10 the Department of Homeland Security 

11 detains or holds in custody an immi12 grant child. 

13 (4) FLORES SETTLEMENT AGREEMENT.—The 

14 term ‘‘Flores settlement agreement’’ means the stip15 ulated settlement agreement filed in the United 

16 States District Court for the Central District of 

17 California on January 17, 1997 (CV 85–4544– 

18 RJK). 

19 (5) IMMIGRANT CHILD.—The term ‘‘immigrant 

20 child’’ means an alien (as defined in section 101(a) 

21 of the Immigration and Nationality Act (8 U.S.C. 

22 1101(a)) under the age of 18 years. 

23 (6) IN-NETWORK FACILITY.—The term ‘‘in-net24 work facility’’ means a facility operated by an Office 

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1 of Refugee Resettlement grantee, subgrantee, con2 tractor, or subcontractor. 

3 (7) OFFICE OF REFUGEE RESETTLEMENT FA4 CILITY.—The term ‘‘Office of Refugee Resettlement 

5 facility’’— 

6 (A) means— 

7 (i) a shelter operated by an Office of 

8 Refugee Resettlement grantee, subgrantee, 

9 contractor, or subcontractor to hold immi10 grant children; 

11 (ii) a staff secure facility, a secure 

12 care facility, a residential treatment center, 

13 transitional foster care housing, or long14 term foster care so operated; or 

15 (iii) any other location operated by 

16 the Office of Refugee Resettlement to hold 

17 immigrant children; and 

18 (B) includes an in-network facility and an 

19 out-of-network facility. 

20 (8) OMBUDSPERSON.—The term 

21 ‘‘Ombudsperson’’ means the ombudsperson ap22 pointed under section 102(c). 

23 (9) OUT-OF-NETWORK FACILITY.—The term 

24 ‘‘out-of-network facility’’ means a facility at which 

25 an immigrant child is placed as a result of an Office 

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1 of Refugee Resettlement determination that there is 

2 no care provider available among in-network facili3 ties to provide specialized services required by the 

4 immigrant child, such as medical or mental health 

5 support. 

6 (10) UNOBSTRUCTED ACCESS.—The term ‘‘un7 obstructed access’’ means— 

8 (A) with respect to a facility, the ability to 

9 enter the facility, including unannounced, to 

10 tour and physically visit all areas of the facility; 

11 and 

12 (B) with respect to information, the ability 

13 to obtain requested information in a timely 

14 manner and with the full cooperation of the 

15 Secretary of Health and Human Services and 

16 the Secretary of Homeland Security, as applica17 ble. 

18 (11) WORKING GROUP.—The term ‘‘Working 

19 Group’’ means the interagency working group estab20 lished under section 105(b). 

21 SEC. 102. OFFICE OF THE OMBUDSPERSON FOR IMMI22 GRANT CHILDREN IN FEDERAL CUSTODY. 

23 (a) ESTABLISHMENT.—There is established, within 

24 the Department of Health and Human Services, an Office 

25 of the Ombudsperson for Immigrant Children in Federal 

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1 Custody (referred to in this section as the ‘‘Office of the 

2 Ombudsperson’’)— 

3 (1) to endorse and support the principle that 

4 family separation and detention are generally not in 

5 a child’s best interest; and 

6 (2) in cases in which Federal detention or cus7 tody is required— 

8 (A) to ensure that immigrant children are 

9 only detained or held in custody by the Federal 

10 Government in the least restrictive setting; 

11 (B) to advocate for the quick, safe, and ef12 ficient release of immigrant children from Fed13 eral detention or custody whenever possible; and 

14 (C) in any case in which an immigrant 

15 child is held in Department of Homeland Secu16 rity custody together with his or her family 

17 unit, to advocate for the release of the child and 

18 concurrent release of the parent or legal guard19 ian of the child. 

20 (b) INDEPENDENCE.—The Office of the 

21 Ombudsperson shall be— 

22 (1) an impartial, confidential resource to ensure 

23 the best interest of children in Federal custody; and 

24 (2) fully independent of— 

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1 (A) the Office of Refugee Resettlement of 

2 the Department of Health and Human Services; 

3 and 

4 (B) the Department of Homeland Security. 

5 (c) OMBUDSPERSON.— 

6 (1) IN GENERAL.—The Office of the 

7 Ombudsperson shall be headed by an 

8 Ombudsperson, who shall be appointed by, and re9 port directly to, the Secretary of Health and Human 

10 Services. 

11 (2) QUALIFICATIONS.—The individual ap12 pointed as Ombudsperson shall have demonstrated 

13 experience in— 

14 (A) immigration law; and 

15 (B) child advocacy or child welfare. 

16 (3) DUTIES AND AUTHORITIES.— 

17 (A) MONITORING.—On a regular basis, the 

18 Ombudsperson shall monitor facilities, including 

19 licensed facilities that are not licensed by a 

20 State, for compliance with all applicable laws, 

21 policies, and standards, including— 

22 (i) the Flores settlement agreement; 

23 (ii) section 235 of the William Wilber24 force Trafficking Victims Protection Reau25 thorization Act of 2008 (8 U.S.C. 1232); 

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1 (iii) the applicable provisions of the 

2 Prison Rape Elimination Act of 2003 (34 

3 U.S.C. 30301 et seq.); 

4 (iv) applicable policies of U.S. Cus5 toms and Border Protection relating to the 

6 standard of care for individuals in Federal 

7 custody; and 

8 (v) Office of Refugee Resettlement 

9 policies relating to the care and custody of 

10 unaccompanied alien children. 

11 (B) INVESTIGATIONS.— 

12 (i) IN GENERAL.—The Ombudsperson 

13 shall investigate— 

14 (I) claims of abuse, neglect, or 

15 mistreatment of immigrant children, 

16 by the Government or any other enti17 ty, while in Government custody; 

18 (II) complaints against foster 

19 care providers, including foster care 

20 providers under State oversight; and 

21 (III) potential violations of re22 lated laws and standards. 

23 (ii) REPORTING OF STATE LICENSING

24 VIOLATIONS.—If, in the course of an inves25 tigation under clause (i)(II), the 

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1 Ombudsperson discovers a State licensing 

2 violation, the Ombudsperson shall report 

3 the violation to the child welfare licensing 

4 agency of the applicable State. 

5 (iii) VIOLATIONS IN UNLICENSED FA6 CILITIES.— 

7 (I) IN GENERAL.—The 

8 Ombudsperson shall monitor any po9 tential violation of law, policy, or 

10 standard in a facility that is not li11 censed by a State on a regular basis. 

12 (II) REPORT.—If, in the course 

13 of monitoring a facility described 

14 under subclause (I), the 

15 Ombudsperson determines that a vio16 lation of law, policy, or standard has 

17 occurred, not later than 30 days after 

18 making such determination, the 

19 Ombudsperson shall report the viola20 tion the Secretary of Health and 

21 Human Services for further action. 

22 (C) STAKEHOLDER MEETINGS.—Not less 

23 frequently than quarterly, the Ombudsperson 

24 shall invite community stakeholders, Flores set25 tlement agreement class counsel, and, as appliVerDate Sep 11 2014 20:29 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3128.IS S3128
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1 cable, the Flores settlement agreement court2 appointed monitor to participate in a meeting— 

3 (i) to ensure that the Ombudsperson 

4 is aware of stakeholder concerns and prior5 ities; and 

6 (ii) to provide feedback on stakeholder 

7 requests. 

8 (D) INDIVIDUAL CASE ASSISTANCE.— 

9 (i) IN GENERAL.—The Ombudsperson 

10 may offer individual case assistance to an 

11 immigrant child who is in Government cus12 tody if the case of the immigrant child is 

13 long-pending or otherwise requires expe14 dited processing or elevated attention, as 

15 determined by the Ombudsperson. 

16 (ii) COMMUNICATION.—To ensure a 

17 complete understanding of the status of a 

18 case described in clause (i), the 

19 Ombudsperson may communicate with— 

20 (I) the immigrant child con21 cerned; 

22 (II) the family members and po23 tential sponsor of such child; and 

24 (III) the child advocate, legal 

25 counsel, Office of Refugee ResettleVerDate Sep 11 2014 20:29 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3128.IS S3128
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1 ment case manager and Federal field 

2 specialist, and any other relevant indi3 vidual charged with care provision, 

4 case management, or case coordina5 tion of the immigrant child concerned. 

6 (E) SUBPOENA AUTHORITY.—Subject to 

7 the approval of the Secretary of Health and 

8 Human Services, the Ombudsperson may— 

9 (i) issue a subpoena to require the 

10 production of all information, reports, and 

11 other documentary evidence necessary to 

12 carry out the duties of the Ombudsperson; 

13 and 

14 (ii) invoke the aid of any appropriate 

15 court of the United States. 

16 (F) REPORTING MECHANISMS.— 

17 (i) IN GENERAL.—The Ombudsperson 

18 shall establish and maintain— 

19 (I) a toll-free telephone number 

20 to receive complaints and reports of 

21 matters for investigation; and 

22 (II) an email address to receive 

23 such complaints and reports. 

24 (ii) AVAILABILITY.—The 

25 Ombudsperson shall ensure that— 

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1 (I) in each facility— 

2 (aa) such telephone number 

3 is made available in a prominent, 

4 visible, and public location in a 

5 common area of the facility; and 

6 (bb) a telephone is accessible 

7 to each immigrant child; 

8 (II) such email address is made 

9 available to sponsors, Flores settle10 ment agreement class counsel, legal 

11 services providers and child advocates 

12 who serve such immigrant children, 

13 and State-level coordinators appointed 

14 under paragraph (7) of section 235(c) 

15 of the William Wilberforce Trafficking 

16 Victims Protection Reauthorization 

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

18 added by section 213; and 

19 (III) in each facility, such tele20 phone number and email address are 

21 made available, in a prominent, visi22 ble, and public location in a common 

23 area of the facility, to all individuals 

24 employed, contracted, or otherwise 

25 tasked with the care and custody of 

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1 children by the Secretary of Health 

2 and Human Services so that such in3 dividuals may report— 

4 (aa) any potential violation 

5 of law, policy, or standard relat6 ing to immigrant children in Fed7 eral custody; or 

8 (bb) any other claim of 

9 abuse, neglect, or mistreatment 

10 of immigrant children. 

11 (iii) REVIEW AND EVALUATION.— 

12 (I) IN GENERAL.—Not later than 

13 2 years after the date of the enact14 ment of this Act, and every 2 years 

15 thereafter, the Ombudsperson shall 

16 complete a review of the reporting 

17 mechanisms under this subparagraph 

18 to evaluate whether such mechanisms 

19 are sufficient to ensure the oversight 

20 and monitoring required by this title. 

21 (II) REPORT.—Not later than 30 

22 days after the completion of each re23 view required by subclause (I), the 

24 Ombudsperson shall submit to Con25 gress a report on the results of the reVerDate Sep 11 2014 20:29 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3128.IS S3128
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1 view that includes, in the case of a de2 termination that such mechanisms are 

3 insufficient, recommendations for 

4 their improvement. 

5 (G) REPORT TO CONGRESS.— 

6 (i) IN GENERAL.—Not later than Sep7 tember 30 each year, the Ombudsperson 

8 shall submit to Congress a report on the 

9 accomplishments and challenges of the Of10 fice of the Ombudsperson during the fiscal 

11 year ending on that date. 

12 (ii) ELEMENTS.—Each report re13 quired by clause (i) shall include, for the 

14 applicable fiscal year, the following: 

15 (I) A summary of the status of 

16 immigrant children in Federal Gov17 ernment custody that highlights 

18 broader trends and recommendations 

19 for future action. 

20 (II) Statistical information on 

21 immigrant children in Federal Gov22 ernment custody, together with an 

23 analysis of such information. 

24 (III) A summary of complaints 

25 received and proposed resolutions. 

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1 (IV) A description of the inves2 tigations into claims of abuse, neglect, 

3 or mistreatment of immigrant children 

4 in Federal Government custody, in5 cluding a summary of the results of 

6 such investigations. 

7 (V) Any attempt by the Secretary 

8 of Homeland Security, the Secretary 

9 of Health and Human Services, or 

10 any entity to which the authority of 

11 the Secretary of Homeland Security 

12 or the Secretary of Health and 

13 Human Services is delegated, to inter14 fere with the independence of the Of15 fice of the Ombudsperson. 

16 (VI) A description of the objec17 tives of the Office of the 

18 Ombudsperson for the next fiscal 

19 year. 

20 (H) ADDITIONAL DUTIES.—The 

21 Ombudsperson shall— 

22 (i) conduct a review of data collection, 

23 as described in section 103(a); 

24 (ii) establish the Committee, as de25 scribed in section 104; and 

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1 (iii) enter into a memorandum of un2 derstanding, as described in section 

3 105(a). 

4 (d) ACCESS TO FACILITIES.—The Secretary of 

5 Health and Human Services and the Secretary of Home6 land Security shall ensure— 

7 (1) unobstructed access by the Ombudsperson 

8 to any facility; and 

9 (2) the ability of the Ombudsperson— 

10 (A) to monitor any facility; and 

11 (B) to meet confidentially with— 

12 (i) staff of any facility; 

13 (ii) employees, grantees, contractors 

14 of the Office of Refugee Resettlement and 

15 the Department of Homeland Security; 

16 and 

17 (iii) any immigrant child in Federal 

18 Government custody, after notification of 

19 the immigrant child’s counsel, as applica20 ble. 

21 (e) ACCESS TO INFORMATION.—The Secretary of 

22 Health and Human Services shall ensure unobstructed ac23 cess by the Ombudsperson to— 

24 (1) the case files, records, reports, audits, docu25 ments, papers, recommendations, or any other pertiVerDate Sep 11 2014 20:29 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3128.IS S3128
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1 nent information relating to the care and custody of 

2 an immigrant child; and 

3 (2) the written policies and procedures of all 

4 Office of Refugee Resettlement facilities. 

5 (f) REQUESTS FOR INFORMATION.— 

6 (1) IN GENERAL.—The Ombudsperson may re7 quest from the Secretary of Health and Human 

8 Services or the Secretary of Homeland Security, or 

9 any entity to which the authority of the Secretary of 

10 Health and Human Services or the Secretary of 

11 Homeland Security has been delegated, any informa12 tion or assistance required to carry out this title. In13 formation and assistance requested pursuant to this 

14 paragraph shall be provided to the Ombudsperson in 

15 a timely manner. 

16 (2) UNREASONABLE REFUSAL.—If upon re17 quest for information by the Ombudsperson, an enti18 ty or agency described in paragraph (1) unreason19 ably refuses to provide, or otherwise does not pro20 vide, as determined by the Ombudsperson, such in21 formation or assistance requested by the 

22 Ombudsperson, the Ombudsperson shall, without 

23 delay— 

24 (A) in the case of an unreasonable refusal 

25 by the Department of Health and Human ServVerDate Sep 11 2014 20:29 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S3128.IS S3128
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1 ices, report to the Secretary of Health and 

2 Human Services the circumstances of such re3 fusal; 

4 (B) in the case of an unreasonable refusal 

5 by the Department of Homeland Security, re6 port to the Secretary of Homeland Security the 

7 circumstances of such refusal; or 

8 (C) in the case of an unreasonable refusal 

9 by the Secretary of Health and Human Services 

10 or the Secretary of Homeland Security, report 

11 on the circumstances of such refusal to— 

12 (i) the Committee on the Judiciary 

13 and the Committee on Homeland Security 

14 and Governmental Affairs of the Senate; 

15 and 

16 (ii) the Committee on the Judiciary 

17 and the Committee on Homeland Security 

18 of the House of Representatives. 

19 SEC. 103. DATA COLLECTION. 

20 (a) INDEPENDENT REVIEW BY OMBUDSPERSON.— 

21 (1) IN GENERAL.—The Ombudsperson shall 

22 regularly review data collected by the Secretary of 

23 Health and Human Services and the Secretary of 

24 Homeland Security relating to immigrant children in 

25 facilities. 

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1 (2) COLLABORATION REQUIRED.—The Sec2 retary of Health and Human Services and the Sec3 retary of Homeland Security shall provide the 

4 Ombudsperson unobstructed access to— 

5 (A) real-time custody and detention data 

6 for each immigrant child detained by the Gov7 ernment or held in Government custody, includ8 ing— 

9 (i) the location and level of placement; 

10 (ii) biographical information, includ11 ing full name, date of birth, country of citi12 zenship, and alien number; 

13 (iii) all locations at which the immi14 grant child has been detained or held in 

15 custody; 

16 (iv) the dates and times the immi17 grant child is booked in and booked out of 

18 any facility; 

19 (v) transfer and discharge informa20 tion; and 

21 (vi) whether the child— 

22 (I) has an attorney of record; 

23 and 

24 (II) has been appointed an inde25 pendent child advocate under section 

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1 235(c)(6) of the William Wilberforce 

2 Trafficking Victims Protection Reau3 thorization Act of 2008 (8 U.S.C. 

4 1232(c)(6)); and 

5 (B) Department of Homeland Security and 

6 Department of Health and Human Services 

7 data personnel for the purpose of reviewing 

8 data collection and integrity issues. 

9 (b) OFFICE OF REFUGEE RESETTLEMENT DATA

10 COLLECTION SYSTEM.— 

11 (1) IN GENERAL.—To support the data collec12 tion and monitoring duties of the Ombudsperson and 

13 to facilitate public monitoring, the Director shall de14 velop a data collection system that collects and 

15 maintains the following information: 

16 (A) The total number of immigrant chil17 dren held in custody by the Secretary of Health 

18 and Human Services. 

19 (B) The average and median number of 

20 days immigrant children remain in such cus21 tody. 

22 (C) The average and median number of 

23 days immigrant children stay in an Office of 

24 Refugee Resettlement facility. 

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1 (D) The number of immigrant children dis2 charged to sponsors, disaggregated by sponsor 

3 category, placement level, specific Office of Ref4 ugee Resettlement facility. 

5 (E) The sponsor categories of immigrant 

6 children held at each Office of Refugee Reset7 tlement facility, disaggregated by placement 

8 level. 

9 (F) The number and percentage of immi10 grant children held in an Office of Refugee Re11 settlement facility with more than 25 immi12 grant children, disaggregated by placement 

13 level. 

14 (G) The percentage of filled capacity 

15 across all Office of Refugee Resettlement facili16 ties. 

17 (H) The total number of children held at 

18 out-of-network facilities, disaggregated by 

19 placement level. 

20 (I) For each Office of Refugee Resettle21 ment facility— 

22 (i) the percentage of filled capacity; 

23 (ii) the maximum number of available 

24 beds; 

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1 (iii) the number and percentage of im2 migrant children with disabilities, 

3 disaggregated by placement level; 

4 (iv) the number and percentage of im5 migrant children receiving mandatory 

6 home studies, discretionary home studies, 

7 and post-release services, disaggregated by 

8 placement level; and 

9 (v) the number and percentage of im10 migrant children on a waitlist to receive 

11 post-release services. 

12 (2) ACCESSIBILITY.—All information collected 

13 and maintained by the data collection system re14 quired by paragraph (1)— 

15 (A) searchable; and 

16 (B) disaggregated by country of citizen17 ship, race, gender, primary language, age, and, 

18 as applicable, ethnicity. 

19 (3) PUBLICATION.—Not later than the 15th of 

20 each month, the Director shall make the data col21 lected under paragraph (1) for the preceding month 

22 available to the Ombudsperson. 

23 (c) PROHIBITION ON CERTAIN USES OF INFORMA24 TION.—Information collected under this section may not 

24 

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1 be used for immigration enforcement or law enforcement 

2 purposes. 

3 (d) PRIVACY PROTECTIONS.—Any record collected, 

4 stored, received, or published under this section shall be— 

5 (1) collected, stored, received, or published in a 

6 manner that protects the privacy of any individual 

7 whose information is included in such data; 

8 (2) de-identified or anonymized in a manner 

9 that protects the identity of any individual whose in10 formation is included in such data; and 

11 (3)(A) limited in use for the purpose of car12 rying out the duties of the Office of the 

13 Ombudsperson; and 

14 (B) protected from any other— 

15 (i) internal use by any entity that collects, 

16 stores, or receives the record; or 

17 (ii) inappropriate use. 

18 SEC. 104. EXPERT ADVISORY COMMITTEE. 

19 (a) ESTABLISHMENT.—Not later than 90 days after 

20 the date of the enactment of this Act, the Ombudsperson 

21 shall establish an expert advisory committee to assist the 

22 Ombudsperson in— 

23 (1) identifying relevant trends relating to immi24 grant children in Government custody; 

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1 (2) conducting fact-finding missions and inves2 tigations of facilities; and 

3 (3) ensuring Government and private contractor 

4 compliance with applicable law and standards for fa5 cilities. 

6 (b) MEMBERSHIP.—The members of the Committee 

7 shall— 

8 (1) be appointed by the Ombudsperson; 

9 (2) represent various geographical regions; and 

10 (3) be comprised of subject matter experts, in11 cluding— 

12 (A) legal advocates or specialists in the 

13 fields of child and family welfare, immigration, 

14 and human rights; 

15 (B) pediatricians or other appropriate pe16 diatric health care experts; 

17 (C) child or adolescent psychiatrists or 

18 psychologists; 

19 (D) social workers; 

20 (E) data analysis experts; and 

21 (F) any other relevant subject matter ex22 pert. 

23 (c) MEETINGS.—The Committee shall meet not less 

24 frequently than quarterly. 

25 (d) DUTIES.—The Committee shall regularly— 

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1 (1) review facility compliance with applicable 

2 law and standards relating to Government detention 

3 and custody of immigrant children, including the 

4 Flores settlement agreement and section 235 of the 

5 William Wilberforce Trafficking Victims Protection 

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

7 (2) submit to the Ombudsperson recommenda8 tions for improvement. 

9 (e) SITE VISITS.—The Committee may designate 1 

10 or more individuals who shall have the authority— 

11 (1) to carry out facility site visits; and 

12 (2) interview immigrant children held in Gov13 ernment custody, after notification of counsel, as ap14 plicable. 

15 SEC. 105. COORDINATION WITH DEPARTMENT OF HOME16 LAND SECURITY. 

17 (a) MEMORANDUM OF UNDERSTANDING.— 

18 (1) IN GENERAL.—On the date of the enact19 ment of this Act, the Secretary of Homeland Secu20 rity and the Ombudsperson shall enter into a memo21 randum of understanding to coordinate oversight be22 tween the Department of Homeland Security and 

23 the Department of Health and Human Services. 

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1 (2) ELEMENTS.—The memorandum of under2 standing required by paragraph (1) shall do the fol3 lowing: 

4 (A) Require the Secretary of Homeland 

5 Security to provide information to the 

6 Ombudsperson with respect to each immigrant 

7 child detained by U.S. Customs and Border 

8 Protection or U.S. Immigration and Customs 

9 Enforcement, or who is otherwise in the custody 

10 of the Secretary of Homeland Security, includ11 ing— 

12 (i) the location of the immigrant child; 

13 (ii) biographical information, includ14 ing full name, date of birth, country of citi15 zenship, race, and alien number; 

16 (iii) all locations at which the immi17 grant child has been so detained or held in 

18 Department of Homeland Security cus19 tody; 

20 (iv) exact times at which the immi21 grant child was booked in and booked out 

22 of such custody; 

23 (v) the date on which the immigrant 

24 child is released from such custody or 

28 

•S 3128 IS

1 transferred to the custody of the Secretary 

2 of Health and Human Services; 

3 (vi) in the case of an immigrant child 

4 who remains in Department of Homeland 

5 Security custody for more than 72 hours, 

6 the reason for such continued custody; and 

7 (vii) any other information the 

8 Ombudsperson considers relevant to the 

9 oversight and monitoring duties described 

10 in section 102(c)(3). 

11 (B) Establish the right of the 

12 Ombudsperson and the Committee to monitor 

13 Department of Homeland Security facilities for 

14 compliance with applicable standards of cus15 tody. 

16 (C) Provide the Ombudsperson and the 

17 Committee full and unobstructed access to— 

18 (i) Department of Homeland Security 

19 facilities for regular site visits; and 

20 (ii) the written policies and procedures 

21 of Department of Homeland Security fa22 cilities. 

23 (3) LIMITATION.—The memorandum of under24 standing may only allow the Ombudsperson to share 

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29 

•S 3128 IS

1 rity on a case-by-case basis, and with the informed 

2 consent of the immigrant child concerned (unless the 

3 Ombudsperson determines that the child lacks the 

4 capacity to consent), if the Ombudsperson deter5 mines that the disclosure of the information to the 

6 Secretary of Health and Human Services will ad7 vance the best interests of the immigrant child, in8 cluding by facilitating the release of the immigrant 

9 child from custody. 

10 (4) EVALUATION.—Not later than 2 years after 

11 the Ombudsperson and the Secretary of Homeland 

12 Security enter into the memorandum of under13 standing required by this subsection, the Comp14 troller General of the United States shall evaluate 

15 the coordination between the Ombudsperson and the 

16 Secretary to determine whether such memorandum 

17 of understanding is sufficient to ensure the oversight 

18 and monitoring required by this title. 

19 (5) RECOMMENDATIONS.—If the Comptroller 

20 General makes a determination under paragraph (4) 

21 that the memorandum of understanding is insuffi22 cient, the Comptroller General shall recommend ac23 tionable steps to be implemented— 

30 

•S 3128 IS

1 (A) to improve coordination between the 

2 Ombudsperson and the Secretary of Homeland 

3 Security; and 

4 (B) to ensure effectiveness of the mandate 

5 of the Ombudsperson. 

6 (b) INTERAGENCY WORKING GROUP.— 

7 (1) ESTABLISHMENT.—There is established an 

8 interagency working group to identify and discuss 

9 concerns relating to immigrant children in facilities. 

10 (2) MEMBERSHIP.—The Working Group shall 

11 be composed of representatives of— 

12 (A) the Department of Justice; 

13 (B) the Department of Health and Human 

14 Services, including the Director or a senior rep15 resentative of the Office of Refugee Resettle16 ment; 

17 (C) U.S. Customs and Border Protection; 

18 (D) U.S. Immigration and Customs En19 forcement; 

20 (E) relevant oversight offices, including— 

21 (i) the Immigration Detention Om22 budsman of the Department of Homeland 

23 Security; and 

24 (ii) the Inspectors General of the De25 partment of Justice, the Department of 

31 

•S 3128 IS

1 Health and Human Services, U.S. Cus2 toms and Border Protection, and U.S. Im3 migration and Customs Enforcement; and 

4 (F) any other relevant Federal agency or 

5 office. 

6 (3) MEETINGS.—The Working Group shall— 

7 (A) hold meetings not less frequently than 

8 quarterly; 

9 (B) invite representatives of nongovern10 mental organizations that provide services to 

11 immigrant children to participate in such meet12 ings as the Ombudsperson considers appro13 priate; and 

14 (C) provide to the Ombudsperson a sum15 mary of each such meeting. 

16 SEC. 106. RULE OF CONSTRUCTION. 

17 Nothing in the title shall be construed to preclude 

18 or limit Flores settlement agreement class counsel from 

19 conducting independent investigations or seeking enforce20 ment actions relating to violations of the Flores settlement 

21 agreement in any appropriate district court of the United 

22 States. 

32 

•S 3128 IS

1 TITLE II—PROTECTIONS FOR 

2 IMMIGRANT CHILDREN 

3 Subtitle A—Unaccompanied Alien 

4 Children in Immigration Pro5 ceedings 

6 SEC. 201. LEGAL REPRESENTATION IN REMOVAL PRO7 CEEDINGS. 

8 (a) IN GENERAL.—Section 235 of the William Wil9 berforce Trafficking Victims Protection Reauthorization 

10 Act (8 U.S.C. 1232) is amended— 

11 (1) in subsection (a)(5)(D)(iii), by striking ‘‘ac12 cess to’’ and inserting ‘‘representation by’’; and 

13 (2) in subsection (c), by amending paragraph 

14 (5) to read as follows: 

15 ‘‘(5) LEGAL REPRESENTATION.— 

16 ‘‘(A) APPOINTMENT OR PROVISION OF

17 COUNSEL.— 

18 ‘‘(i) IN GENERAL.—As expeditiously 

19 as possible after an unaccompanied alien 

20 child is issued a notice to appear under 

21 section 239(a) of the Immigration and Na22 tionality Act (8 U.S.C. 1229(a)), the Sec23 retary of Health and Human Services shall 

24 appoint or provide counsel to represent the 

25 child in removal proceedings under section 

33 

•S 3128 IS

1 240 of the Immigration and Nationality 

2 Act (8 U.S.C. 1229a), related matters be3 fore the Department of Homeland Secu4 rity, and in any appeal proceeding before 

5 the Attorney General from any such re6 moval proceeding. Counsel shall be pro7 vided under this subparagraph at Govern8 ment expense unless a child has retained 

9 counsel authorized to represent the child in 

10 such proceedings. 

11 ‘‘(ii) IMMIGRATION FILE.—Each unac12 companied alien child, and the counsel of 

13 such a child, shall receive a complete copy 

14 of the child’s immigration file (other than 

15 documents protected from disclosure under 

16 section 552(b) of title 5, United States 

17 Code). 

18 ‘‘(B) ROLE OF THE DEPARTMENT OF

19 HEALTH AND HUMAN SERVICES.—The Sec20 retary of Health and Human Services shall— 

21 ‘‘(i) to the maximum extent prac22 ticable, make every effort to use the serv23 ices of competent counsel who agree to 

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34 

•S 3128 IS

1 scribed in subparagraph (A)(i) without 

2 charge; 

3 ‘‘(ii) in the case of an unaccompanied 

4 alien child who retained counsel at his or 

5 her own expense but whose counsel has 

6 ceased to represent the child, ensure the 

7 continued representation of the child 

8 through the pendency of removal pro9 ceedings and any appeal proceeding before 

10 the Attorney General from any such re11 moval proceeding by appointing or pro12 viding new counsel as expeditiously as pos13 sible; 

14 ‘‘(iii) in consultation with the Attor15 ney General, develop model guidelines for 

16 representing children in immigration pro17 ceedings for the purposes of— 

18 ‘‘(I) helping to protect children 

19 from individuals suspected of involve20 ment in criminal, harmful, or exploita21 tive activities associated with the 

22 smuggling or trafficking of children; 

23 and 

35 

•S 3128 IS

1 ‘‘(II) ensuring the fairness of re2 moval proceedings in which children 

3 are involved; and 

4 ‘‘(iv) as necessary and appropriate, 

5 enter into contracts or award grants for 

6 the provision of immigration-related legal 

7 services to children. 

8 ‘‘(C) ROLE OF THE DEPARTMENT OF JUS9 TICE.—The Attorney General shall ensure that 

10 all immigration courts before which unaccom11 panied alien children appear contain specialized 

12 children’s dockets. Such dockets shall contain 

13 child-appropriate procedures that advance due 

14 process in unaccompanied alien children’s pro15 ceedings. Immigration judges assigned to spe16 cialized children’s dockets shall have received 

17 specialized training in such procedures. Such 

18 procedures shall include processes for coordi19 nating with legal services organizations to facili20 tate legal representation of unaccompanied 

21 alien children.’’. 

22 (b) CONFORMING AMENDMENTS.— 

23 (1) Section 462(b)(1)(A) of Homeland Security 

24 Act of 2002 (6 U.S.C. 279(b)(1)(A)) is amended by 

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36 

•S 3128 IS

1 pointment of counsel that is in effect on the date of 

2 the enactment of this Act’’. 

3 (2) Section 292 of the Immigration and Nation4 ality Act (8 U.S.C. 1362) is amended by inserting 

5 ‘‘, except as provided in section 235(c)(5) of the Wil6 liam Wilberforce Trafficking Victims Protection Re7 authorization Act (8 U.S.C. 1232(c)(5))’’ after ‘‘at 

8 no expense to the Government’’. 

9 SEC. 202. MOTIONS TO REOPEN. 

10 Section 240(c)(7)(C) of the Immigration and Nation11 ality Act (8 U.S.C. 1229a(c)(7)(C)) is amended by adding 

12 at the end the following: 

13 ‘‘(v) SPECIAL RULE FOR UNACCOM14 PANIED ALIEN CHILDREN ENTITLED TO

15 APPOINTMENT OF COUNSEL.—If the Sec16 retary of Health and Human Services fails 

17 to appoint or provide counsel for an unac18 companied alien child (as defined in 

19 462(g)(2) of Homeland Security Act of 

20 2002 (6 U.S.C. 279(g)(2)))— 

21 ‘‘(I) the limitations under this 

22 paragraph with respect to the filing of 

23 a motion to reopen by such child shall 

24 not apply; and 

37 

•S 3128 IS

1 ‘‘(II) the filing of such a motion 

2 shall stay the removal of the child.’’. 

3 Subtitle B—Access to Services 

4 SEC. 211. CLARIFICATION OF UNACCOMPANIED CHILD DE5 TERMINATION PROCEDURES. 

6 (a) ELIGIBILITY FOR SERVICES REGARDLESS OF

7 CUSTODIAL STATUS.—Section 235(c)(1) of the William 

8 Wilberforce Trafficking Victims Protection Reauthoriza9 tion Act (8 U.S.C. 1232(c)(1)) is amended by adding at 

10 the end the following: ‘‘Such policies and programs shall 

11 be available to unaccompanied alien children regardless of 

12 whether they are or have ever been in Federal custody.’’. 

13 (b) SCREENINGS OF CHILDREN FROM CONTIGUOUS

14 COUNTRIES CONDUCTED BY ASYLUM OFFICERS.—Sec15 tion 235(a) of the William Wilberforce Trafficking Victims 

16 Protection Reauthorization Act (8 U.S.C. 1232(a)) is 

17 amended— 

18 (1) in paragraph (2)(A), by striking ‘‘the Sec19 retary of Homeland Security’’ and inserting ‘‘an asy20 lum officer (as defined in section 235(b)(1)(E) of 

21 the Immigration and Nationality Act (8 U.S.C. 

22 1225(b)(1)(E)))’’; and 

23 (2) in paragraph (4) by inserting ‘‘by an asy24 lum officer’’ after ‘‘the child shall be screened’’. 

25 (c) ANALYSIS OF EFFICACY OF CURRENT LAW.— 

38 

•S 3128 IS

1 (1) IN GENERAL.—Not later than 2 years after 

2 the date of the enactment of this Act, and every 2 

3 years thereafter, the Secretary of Homeland Secu4 rity, in consultation with the Secretary of Health 

5 and Human Services, the head of any other Federal 

6 agency the Secretary of Homeland Security con7 siders appropriate, and child welfare advocates, shall 

8 complete an analysis of the efficacy of the law, in9 cluding regulations, relating to unaccompanied alien 

10 children from contiguous countries (in effect as of 

11 the date on which the analysis is completed), includ12 ing the efficacy of such laws in providing access to 

13 protection for victims of trafficking and children 

14 fleeing persecution. 

15 (2) REPORT.—Not later than 60 days after the 

16 date on which each analysis required by paragraph 

17 (1) is completed, the Secretary of Homeland Secu18 rity shall submit a report to the Committee on the 

19 Judiciary of the Senate and the Committee on the 

20 Judiciary of the House of Representatives a report 

21 on the results of the analysis. 

22 (3) PUBLIC AVAILABILITY.—Not later than 180 

23 days after the date on which each report is sub24 mitted under paragraph (2), the Secretary of Home25 land Security shall make the report available to the 

39 

•S 3128 IS

1 public on an internet website of the Department of 

2 Homeland Security. 

3 SEC. 212. IMPROVING ACCESS TO POST-RELEASE SERV4 ICES. 

5 Section 235(c)(3)(B) of the William Wilberforce 

6 Trafficking Victims Protection Reauthorization Act (8 

7 U.S.C. 1232(c)(3)(B)) is amended— 

8 (1) by adding at the end the following: ‘‘Follow9 up services under this clause shall commence not 

10 later than the date that is 30 days after the date on 

11 which the child concerned is released from the cus12 tody of the Secretary of Health and Human Serv13 ices.’’; 

14 (2) in the first sentence, by striking ‘‘Before’’ 

15 and inserting the following: 

16 ‘‘(i) IN GENERAL.—Before’’; and 

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

18 ‘‘(ii) ACCESS TO POST-RELEASE SERV19 ICES.— 

20 ‘‘(I) HOME VISITS.—Not later 

21 than 90 days after the date on which 

22 a child is released from the custody of 

23 the Secretary of Health and Human 

24 Services, the Secretary shall ensure 

25 that the child receives an in-person 

40 

•S 3128 IS

1 home visit to determine the well-being 

2 of the child and to assess the suit3 ability and safety of the home in 

4 which the child was placed if— 

5 ‘‘(aa) except as described in 

6 item (bb), a sponsor has agreed 

7 to receive such services; or 

8 ‘‘(bb) the child, based on all 

9 available objective evidence— 

10 ‘‘(AA) has been or is at 

11 risk of becoming a victim of 

12 a severe form of trafficking 

13 in persons; 

14 ‘‘(BB) is a special 

15 needs child with a disability 

16 (as defined in section 3 of 

17 the Americans with Disabil18 ities Act of 1990 (42 U.S.C. 

19 12102)); 

20 ‘‘(CC) has been or is at 

21 risk of becoming a victim of 

22 physical or sexual abuse 

23 under circumstances that in24 dicate that the child’s health 

25 or welfare has been or would 

41 

•S 3128 IS

1 be significantly harmed or 

2 threatened; or 

3 ‘‘(DD) is a child whose 

4 sponsor clearly presents a 

5 risk of abuse, maltreatment, 

6 exploitation, neglect, or 

7 labor exploitation to the 

8 child. 

9 ‘‘(II) ADDITIONAL FOLLOW-UP

10 SERVICES.—The Secretary of Health 

11 and Human Services shall ensure that 

12 a child receives additional follow-up 

13 services if, in the course of the home 

14 visit under subclause (I), it is deter15 mined for the first time that the child, 

16 based on all available objective evi17 dence— 

18 ‘‘(aa) has been or is at risk 

19 of becoming a victim of a severe 

20 form of trafficking in persons; 

21 ‘‘(bb) is a special needs child 

22 with a disability (as defined in 

23 section 3 of the Americans with 

24 Disabilities Act of 1990 (42 

25 U.S.C. 12102)); 

42 

•S 3128 IS

1 ‘‘(cc) has been or is at risk 

2 of becoming a victim of physical 

3 or sexual abuse under cir4 cumstances that indicate that the 

5 child’s health or welfare has been 

6 or would be significantly harmed 

7 or threatened; or 

8 ‘‘(dd) is a child whose spon9 sor clearly presents a risk of 

10 abuse, maltreatment, exploi11 tation, neglect, or labor exploi12 tation to the child.’’. 

13 SEC. 213. STATE-LEVEL COORDINATORS FOR UNACCOM14 PANIED CHILDREN’S SERVICES. 

15 Section 235(c) of the William Wilberforce Trafficking 

16 Victims Protection Reauthorization Act (8 U.S.C. 

17 1232(c)) is amended by adding at the end the following: 

18 ‘‘(7) ASSISTANCE TO STATE AND LOCAL ENTI19 TIES FOR UNACCOMPANIED CHILDREN’S SERV20 ICES.— 

21 ‘‘(A) ASSISTANCE TO STATES.—The Sec22 retary of Health and Human Services may pro23 vide funding to each State to appoint a State24 level coordinator to fulfill the responsibilities de25 scribed in subparagraph (C). 

43 

•S 3128 IS

1 ‘‘(B) NONGOVERNMENTAL COORDI2 NATOR.—If a State does not appoint a coordi3 nator under subparagraph (A), the Secretary of 

4 Health and Human Services may appoint a 

5 nongovernmental coordinator to fulfill the re6 sponsibilities described in subparagraph (C). 

7 ‘‘(C) RESPONSIBILITIES.—The responsibil8 ities described in this subparagraph shall in9 clude the following: 

10 ‘‘(i) To raise the awareness of govern11 mental and nongovernmental entities with 

12 respect to the vulnerabilities of unaccom13 panied alien children, including Federal 

14 oversight mechanisms, such as the Office 

15 of the Ombudsperson for Immigrant Chil16 dren in Federal Custody established under 

17 section 102 of the Protecting Unaccom18 panied Children Act. 

19 ‘‘(ii) To coordinate the efforts of such 

20 entities so as to meet the educational, med21 ical and mental health care, child welfare, 

22 and social services needs of unaccompanied 

23 alien children. 

24 ‘‘(iii) To work with service providers 

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44 

•S 3128 IS

1 companied alien children to identify com2 munity services, and to increase access to 

3 such services, for unaccompanied alien 

4 children. 

5 ‘‘(iv) To ensure that schools, rec6 reational facilities, community centers, and 

7 similar institutions have information re8 garding— 

9 ‘‘(I) the risks of human traf10 ficking and labor exploitation for vul11 nerable children; and 

12 ‘‘(II) child labor laws, local min13 imum wage requirements, and mecha14 nisms for reporting violations of such 

15 laws and requirements. 

16 ‘‘(v) To ensure that information pro17 vided under clause (iv)— 

18 ‘‘(I) is written in plain, child-ac19 cessible language (including in appro20 priate languages other than English); 

21 and 

22 ‘‘(II) makes clear that such laws 

23 and requirements apply to all children 

24 and workers regardless of immigration 

25 status. 

45 

•S 3128 IS

1 ‘‘(vi) To ensure that language is not 

2 a barrier to obtaining the services de3 scribed in this paragraph.’’. 

4 SEC. 214. ASSISTANCE FOR CHILDREN AND FAMILIES SEPA5 RATED UNDER ZERO TOLERANCE. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, an individual shall be eligible for the benefits 

8 described in subsection (b), if the individual— 

9 (1) has completed security and law enforcement 

10 background checks to the satisfaction of the Sec11 retary of Homeland Security; and 

12 (2)(A) has been paroled into the United States 

13 under section 212(d)(5) of the Immigration and Na14 tionality Act (8 U.S.C. 1182(d)(5)) pursuant to the 

15 implementation of Executive Order 14011, and has 

16 not had such parole terminated; or 

17 (B) is eligible, based on a determination by the 

18 Secretary of Health and Human Services through 

19 reference to the identified members of the classes, 

20 and their minor children, in the class-action lawsuits 

21 J.P. v. Barr (C.D. Cal. 2020) and Ms. L. v. U.S. 

22 Immigration and Customs Enforcement, 330 F.R.D. 

23 284 (2019), for any assistance, program, benefit, or 

24 services described in subsection (b). 

46 

•S 3128 IS

1 (b) BENEFITS.—Notwithstanding any other provision 

2 of law, an individual described in subsection (a) shall be 

3 eligible for— 

4 (1) resettlement assistance, entitlement pro5 grams, and other benefits available to refugees ad6 mitted under section 207 of the Immigration and 

7 Nationality Act (8 U.S.C. 1157) to the same extent, 

8 and for the same periods of time, as such refugees; 

9 (2) services described under section 412(d)(2) 

10 of the Immigration and Nationality Act (8 U.S.C. 

11 1522(d)(2)), subject to subparagraph (B) of such 

12 section, if such individual is an unaccompanied alien 

13 child (as defined in section 462(g) of the Homeland 

14 Security Act of 2002 (6 U.S.C. 279(g))); and 

15 (3) a driver’s license or identification card 

16 under section 202 of the REAL ID Act of 2005 (di17 vision B of Public Law 109–13; 49 U.S.C. 30301 

18 note), notwithstanding subsection (c)(2)(B) of such 

19 section. 

47 

•S 3128 IS

1 Subtitle C—Facilities Housing 

2 Unaccompanied Alien Children 

3 SEC. 221. TECHNICAL ASSISTANCE FOR COMMUNITY-BASED 

4 CARE PROVIDERS. 

5 (a) IN GENERAL.—Section 235(c)(2) of the William 

6 Wilberforce Trafficking Victims Protection Reauthoriza7 tion Act (8 U.S.C. 1232(c)(2)) is amended— 

8 (1) in subparagraph (A)— 

9 (A) in the first sentence, by striking ‘‘Sub10 ject to’’ and inserting the following: 

11 ‘‘(i) IN GENERAL.—Subject to’’; and 

12 (B) by adding at the end the following: 

13 ‘‘(ii) PRESUMPTION OF LEAST RE14 STRICTIVE SETTING.—The least restrictive 

15 setting that is in the best interest of the 

16 child is presumed to be a placement that 

17 most approximates a family and in which 

18 the child’s special needs, if any, may be 

19 met. Children placed under this subsection 

20 shall be placed in the following order of 

21 preference: 

22 ‘‘(I) Family-based foster care. 

23 ‘‘(II) Group home foster care. 

24 ‘‘(III) A shelter with capacity for 

25 25 or fewer children. 

48 

•S 3128 IS

1 ‘‘(iii) TECHNICAL ASSISTANCE.—The 

2 Secretary of Health and Human Services 

3 shall provide technical assistance to non4 governmental, nonprofit organizations that 

5 are eligible for grants and contracts award6 ed by the Department of Health and 

7 Human Services to ensure that children 

8 are placed in small scale, community-based 

9 settings.’’. 

10 (b) ANNUAL REPORT.— 

11 (1) IN GENERAL.—Not later than 30 days after 

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

13 thereafter, the Secretary of Health and Human 

14 Services shall submit to Congress a report on the 

15 number of unaccompanied alien children who, during 

16 the preceding fiscal year, resided in a facility with 

17 a capacity for 25 or fewer children. 

18 (2) DESCRIPTION OF BARRIERS TO OBTAINING

19 HHS CONTRACTS AND GRANTS.—Each report re20 quired by paragraph (1) shall describe in detail the 

21 barriers for small-scale community-based providers 

22 to undergoing the Department of Health and 

23 Human Services contracting and granting processes, 

24 including staffing limitations, availability, outreach, 

25 recruitment of potential providers, other identified 

49 

•S 3128 IS

1 barriers to making the transition to small-scale com2 munity-based facilities, and recommendations to ad3 dress such barriers. 

4 (3) CONSULTATION.—In developing each report 

5 required by paragraph (1), the Secretary for Health 

6 and Human Services shall consult with staff of cur7 rent small-scale or community-based facilities hous8 ing children and other organizations with expertise 

9 in child development, child welfare, and serving chil10 dren with disabilities. 

11 (c) PLAN TO TRANSITION CARE TO FOSTER CARE

12 OR SMALL-SCALE SETTINGS.— 

13 (1) IN GENERAL.—The Secretary of Health and 

14 Human Services shall develop a plan to transition all 

15 unaccompanied alien children in the custody of the 

16 Secretary to— 

17 (A) foster care placements; or 

18 (B) shelters with capacity for 25 or fewer 

19 children. 

20 (2) SUBMISSION TO CONGRESS.—Not later than 

21 1 year after the date of the enactment of this Act, 

22 the Secretary of Health and Human Services shall 

23 submit to Congress the plan developed under para24 graph (1). 

50 

•S 3128 IS

1 SEC. 222. STANDARDS AND COMPLIANCE. 

2 Section 235(c)(2) of the William Wilberforce Traf3 ficking Victims Protection Reauthorization Act (8 U.S.C. 

4 1232), as amended by section 221, is further amended— 

5 (1) in subparagraph (A), by adding at the end 

6 the following: 

7 ‘‘(iv) BACKGROUND CHECKS FOR COV8 ERED INDIVIDUALS.— 

9 ‘‘(I) IN GENERAL.—Subject to 

10 subclause (II), the Secretary of 

11 Health and Human Services shall en12 sure that, not less frequently than 

13 every 5 years, each covered individual 

14 completes a background check to the 

15 satisfaction of the Secretary. 

16 ‘‘(II) WAIVER FOR DIRECT SERV17 ICES PROVIDERS.—The Secretary of 

18 Health and Human Services may 

19 waive the application of subclause (I) 

20 in the case of an attorney of record or 

21 licensed medical practitioner who pro22 vides on-site services at a facility that 

23 houses unaccompanied alien children. 

24 ‘‘(III) SCOPE.—The scope of a 

25 background check required by this 

51 

•S 3128 IS

1 clause shall include, at a minimum, 

2 the following: 

3 ‘‘(aa) A fingerprint check by 

4 the Federal Bureau of Investiga5 tion and State criminal history 

6 repositories. 

7 ‘‘(bb) A child protective 

8 services check with the individ9 ual’s State of United States resi10 dence for the last 5 years. 

11 ‘‘(cc) Background investiga12 tion updates at a minimum of 

13 every 5 years. 

14 ‘‘(IV) COVERED INDIVIDUAL DE15 FINED.—In this clause, the term ‘cov16 ered individual’ means— 

17 ‘‘(aa) an employee or con18 tractor with direct access to un19 accompanied alien children in the 

20 care and custody of the Secretary 

21 of Health and Human Services; 

22 ‘‘(bb) an individual with un23 supervised, direct access to such 

24 children; and 

52 

•S 3128 IS

1 ‘‘(cc) a foster parent with 

2 whom an unaccompanied alien 

3 child is placed, including a tran4 sitional or long-term foster par5 ent, and each foster parent 

6 household member who is aged 

7 18 years or over. 

8 ‘‘(V) RULE OF CONSTRUCTION.— 

9 Nothing in this clause may be con10 strued to supersede applicable State 

11 licensing requirements for background 

12 checks on employees of programs or 

13 facilities involved in the care and cus14 tody of children.’’; and 

15 (2) in subparagraph (B), in the first sentence, 

16 by striking ‘‘subparagraph (A)’’ and inserting ‘‘sub17 paragraph (A)(i)’’. 

18 Subtitle D—Child Welfare at the 

19 Border and Prevention of Fam20 ily Separation 

21 SEC. 231. CHILD WELFARE TRAINING AT THE BORDER. 

22 (a) DEFINITIONS.—In this section: 

23 (1) COOPERATING ENTITY.—The term ‘‘cooper24 ating entity’’ means a State or local entity acting 

53 

•S 3128 IS

1 pursuant to an agreement with the Secretary of 

2 Homeland Security. 

3 (2) EXPERT IN CHILD DEVELOPMENT.—The 

4 term ‘‘expert in child development’’ means an indi5 vidual who has significant education and expertise 

6 on infant, child, and adolescent development, and on 

7 the effects of trauma on children. 

8 (3) EXPERT IN CHILD WELFARE.—The term 

9 ‘‘expert in child welfare’’ means an individual who 

10 has— 

11 (A) knowledge of Federal and State child 

12 welfare laws and standards; and 

13 (B) not less than 5 years of experience in 

14 the field of child and adolescent development or 

15 child welfare. 

16 (4) EXPERT IN PEDIATRIC MEDICINE.—The 

17 term ‘‘expert in pediatric medicine’’ means— 

18 (A) an individual who is board-certified in 

19 pediatric medicine in one or more States; and 

20 (B) an individual with an advanced degree 

21 in pediatric medicine on the faculty of an insti22 tution of higher education in the United States. 

23 (b) GUIDELINES.—The Secretary of Homeland Secu24 rity, in consultation with the Secretary of Health and 

25 Human Services, experts in child development, experts in 

54 

•S 3128 IS

1 child welfare, and experts in pediatric medicine, shall de2 velop guidelines for the treatment of children in the cus3 tody of the Commissioner of U.S. Customs and Border 

4 Protection. 

5 (c) MANDATORY TRAINING.—The Secretary of 

6 Homeland Security, in consultation with the Secretary of 

7 Health and Human Services, shall— 

8 (1) require all U.S. Customs and Border Pro9 tection personnel, and cooperating entity personnel, 

10 who have contact with a child at a port of entry or 

11 Border Patrol station to undergo appropriate train12 ing, which shall include live training, on— 

13 (A) the applicable legal authorities, poli14 cies, practices, and procedures relating to chil15 dren; and 

16 (B) child-friendly interviewing techniques, 

17 child development, trauma, and the manner in 

18 which trauma affects the health and behavior of 

19 children; and 

20 (2) require U.S. Customs and Border Protec21 tion personnel, not less frequently than annually, to 

22 undertake continuing training on— 

23 (A) identifying and responding to common 

24 signs and symptoms of medical distress in chil25 dren; 

55 

•S 3128 IS

1 (B) best practices with respect to the 

2 guidelines developed under subsection (b); and 

3 (C) changes in the legal authorities, poli4 cies, and procedures described in paragraph 

5 (1)(A). 

6 SEC. 232. PREVENTING FAMILY SEPARATION OF UNACCOM7 PANIED CHILDREN. 

8 Section 235(b) of the William Wilberforce Trafficking 

9 Victims Protection Reauthorization Act (8 U.S.C. 

10 1232(b)) is amended by adding at the end the following: 

11 ‘‘(5) PREVENTING SEPARATION FROM NON-PAR12 ENT RELATIVES.— 

13 ‘‘(A) IN GENERAL.—In the case of an un14 accompanied alien child determined to have en15 tered the United States or have been appre16 hended with a relative who is neither a parent 

17 nor guardian, the Secretary of Health and 

18 Human Services, in consultation with the Sec19 retary of Homeland Security or other appro20 priate agencies of the government, shall evalu21 ate whether that unaccompanied alien child can 

22 be safely released from Federal custody to that 

23 relative as a sponsor consistent with the process 

24 described in paragraph (3) of this section. 

56 

•S 3128 IS

1 ‘‘(B) RELEASE TO RELATIVE.—If the Sec2 retary of Health and Human Services makes 

3 such a determination, the Secretary of Home4 land Security shall release the unaccompanied 

5 alien child to that relative unless the cir6 cumstances in subparagraph (C) apply. 

7 ‘‘(C) CONSIDERATION OF RELATIVE AS

8 SPONSOR.—If an unaccompanied alien child is 

9 transferred to the custody of the Secretary of 

10 Health and Human Services, the non-parent 

11 relative described in subparagraph (A) may 

12 continue to be evaluated as a potential sponsor 

13 to whom the child may be released from Fed14 eral custody as described in subsection (c)(3) of 

15 this section, as necessary to ensure child well16 being and safety. 

17 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

18 in this paragraph shall be construed to change 

19 the definition of a parent or legal guardian for 

20 the purpose of making a determination of 

21 whether a child is an unaccompanied alien child 

22 pursuant to 462(g)(C) of the Homeland Secu23 rity Act of 2002 (6 U.S.C. 279(g)(C)). 

24 ‘‘(E) FACILITIES REQUIREMENTS.—The 

25 Secretary of Homeland Security, in consultation 

57 

•S 3128 IS

1 with the Secretary of Health and Human Serv2 ices, shall ensure that child-appropriate spaces 

3 are available to complete the evaluations de4 scribed in this paragraph. Such space shall ac5 commodate staff of the Department of Health 

6 and Human Services, as appropriate. 

7 ‘‘(F) RECORDKEEPING.—With respect to 

8 each alien over the age of 18 years who has en9 tered the United States with an unaccompanied 

10 alien child, the Secretary of Homeland Security 

11 shall— 

12 ‘‘(i) maintain an electronic record that 

13 includes the familial relationship between 

14 the adult and child; and 

15 ‘‘(ii) share such record with the Sec16 retary of Health and Human Services as 

17 necessary to facilitate the identification of 

18 an appropriate sponsor for the child.’’. 

19 TITLE III—ENSURING SAFE 

20 RELEASE TO SPONSORS 

21 SEC. 301. ENSURING SAFE RELEASE TO SPONSORS WHO 

22 ARE NOT PARENTS OR LEGAL GUARDIANS. 

23 Section 235(c)(3)(A) of the William Wilberforce 

24 Trafficking Victims Protection Reauthorization Act (8 

25 U.S.C. 1232(c)(3)(A)) is amended— 

58 

•S 3128 IS

1 (1) by inserting ‘‘or sponsor’’ after ‘‘makes a 

2 determination that the proposed custodian’’; 

3 (2) by inserting ‘‘, address,’’ after ‘‘custodian’s 

4 identity’’; and 

5 (3) by striking the period and inserting the fol6 lowing: ‘‘, in accordance with uniform procedures es7 tablished by the Secretary of Health and Human 

8 Services. If a proposed sponsor is not the parent or 

9 legal guardian of a child, such procedures shall in10 clude criminal background and public records checks 

11 for any proposed sponsor or adult member of the 

12 proposed sponsor’s household. The Secretary of 

13 Health and Human Services shall ensure that infor14 mation obtained about a sponsor or a household 

15 member of a sponsor through such checks is not 

16 shared with the Department of Homeland Security 

17 or any other Federal agency for the purpose of im18 migration enforcement.’’. 

19 SEC. 302. EXPANSION AND EVALUATION OF HOME STUDIES. 

20 (a) Section 235(c)(3)(B) of the William Wilberforce 

21 Trafficking Victims Protection Reauthorization Act (8 

22 U.S.C. 1232(c)(3)(B)), as amended by section 212, is fur23 ther amended— 

24 (1) in clause (i), by inserting ‘‘or custodian 

25 clearly’’ after ‘‘whose proposed sponsor’’; 

59 

•S 3128 IS

1 (2) by adding at the end the following: ‘‘A 

2 home study shall also be conducted for a child whose 

3 proposed sponsor is a distant relative or unrelated to 

4 the child in which verification of relationship cannot 

5 be clearly demonstrated.’’; 

6 (3) by redesignating clause (ii) as clause (iv); 

7 and 

8 (4) by inserting after clause (i) the following: 

9 ‘‘(ii) GUIDELINES.—The Secretary of 

10 Health and Human Services shall establish 

11 guidelines for the conduct of home studies 

12 under clause (i) that include— 

13 ‘‘(I) a deadline for completion of 

14 a home study that is not sooner than 

15 15 calendar days after the date on 

16 which the home study is requested; 

17 ‘‘(II) objective, publicly available 

18 criteria for releasing a child following 

19 a negative home study recommenda20 tion; and 

21 ‘‘(III) requirements for individ22 uals who conduct home studies, in23 cluding at a minimum professional or 

24 educational knowledge related to child 

25 and adult development, cultural comVerDate Sep 11 2014 20:29 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S3128.IS S3128
60 

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1 petence, trauma, parenting and family 

2 dynamics, and screening and identi3 fying indicators of human trafficking. 

4 ‘‘(iii) REPORT.— 

5 ‘‘(I) IN GENERAL.—Not later 

6 than 2 years after the date of the en7 actment of the Protecting Unaccom8 panied Children Act, and every 2 

9 years thereafter, the Secretary of 

10 Health and Human Services shall re11 port on the effectiveness of home 

12 studies conducted under clause (i). 

13 ‘‘(II) ELEMENTS.—Each report 

14 required by subclause (I) shall include 

15 the following: 

16 ‘‘(aa) An assessment of the 

17 effectiveness of such home stud18 ies in identifying safety concerns. 

19 ‘‘(bb) For the preceding 2- 

20 year period— 

21 ‘‘(AA) the number of 

22 home studies conducted and 

23 a description of the out24 comes of such home studies, 

25 including whether or not 

61 

•S 3128 IS

1 each home study resulted in 

2 a positive or negative rec3 ommendation of the sponsor 

4 concerned; 

5 ‘‘(BB) the number and 

6 type of safety concerns iden7 tified through such home 

8 studies; and 

9 ‘‘(CC) the number of 

10 sponsors to whom a child 

11 was not released due to safe12 ty concerns identified 

13 through a home study.’’. 

14 SEC. 303. REQUIREMENTS FOR CHILD AND SPONSOR CASE 

15 MANAGEMENT SYSTEM. 

16 (a) IN GENERAL.—Section 235(c)(3) of the William 

17 Wilberforce Trafficking Victims Protection Reauthoriza18 tion Act (8 U.S.C. 1232(c)(3)) is amended by adding at 

19 the end the following: 

20 ‘‘(D) CASE MANAGEMENT SYSTEM.— 

21 ‘‘(i) IN GENERAL.—The Secretary of 

22 Health and Human Services shall maintain 

23 a searchable electronic case management 

24 system to track the placement of unaccomVerDate Sep 11 2014 20:29 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S3128.IS S3128
62 

•S 3128 IS

1 panied alien children that includes the fol2 lowing information: 

3 ‘‘(I) The name and address of 

4 each proposed sponsor, including the 

5 number of unaccompanied alien chil6 dren placed with each sponsor and 

7 names of household members of a pro8 posed sponsor. 

9 ‘‘(II) Reported safety concerns, 

10 including reports of trafficking or ex11 ploitation, identified for sponsors of 

12 unaccompanied alien children, or iden13 tified for adult members of household 

14 at a specific address. 

15 ‘‘(III) Vulnerabilities of unaccom16 panied alien children while in the care 

17 and custody of the Secretary of 

18 Health and Human Services, includ19 ing whether the child is a priority for 

20 post-release services. 

21 ‘‘(IV) Reports of trafficking or 

22 exploitation made by unaccompanied 

23 alien children, including reported in24 formation about geographic area 

25 (such as a neighborhood) where such 

63 

•S 3128 IS

1 trafficking occurred and where em2 ployers implicated in such reports are 

3 located. 

4 ‘‘(ii) CASE MANAGEMENT SYSTEM RE5 QUIREMENTS.— 

6 ‘‘(I) POTENTIAL DUPLICATE

7 RECORDS.—In the event that the case 

8 management system detects a poten9 tial duplicate record, employees of the 

10 Department of Health and Human 

11 Services and grantees or contractors 

12 acting on behalf of the Department, 

13 shall verify the records and, if nec14 essary, consolidate duplicate records. 

15 ‘‘(II) EXCLUSION OF INFORMA16 TION ON IMMIGRATION STATUS.—The 

17 case management system shall not in18 clude information with respect to the 

19 immigration status of any sponsor or 

20 adult member of a sponsor’s house21 hold. 

22 ‘‘(III) NONDISCLOSURE FOR EN23 FORCEMENT PURPOSES.—The infor24 mation contained in the case manage25 ment system shall not be disclosed to 

64 

•S 3128 IS

1 the Secretary of Homeland Security 

2 for the purpose of immigration en3 forcement. 

4 ‘‘(iii) PRIVACY PROTECTIONS.—Any 

5 record collected, stored, received, or pub6 lished under this subparagraph shall be— 

7 ‘‘(I) collected, stored, received, or 

8 published in a manner that protects 

9 the privacy of any individual whose in10 formation is included in such data; 

11 ‘‘(II) de-identified or anonymized 

12 in a manner that protects the identity 

13 of any individual whose information is 

14 included in such data; and 

15 ‘‘(III)(aa) limited in use for the 

16 purpose of carrying out the duties of 

17 the Office of the Ombudsperson; and 

18 ‘‘(bb) protected from any other— 

19 ‘‘(AA) internal use by any 

20 entity that collects, stores, or re21 ceives the record; or 

22 ‘‘(BB) inappropriate use.’’. 

65 

•S 3128 IS

1 TITLE IV—PROTECTIONS AND 

2 ACCESS TO CERTAIN SERV3 ICES FOR SPECIAL IMMI4 GRANT JUVENILES AND 

5 OTHER VULNERABLE IMMI6 GRANTS 

7 SEC. 401. ELIMINATING ANNUAL EMPLOYMENT-BASED VISA 

8 CAPS FOR SPECIAL IMMIGRANT JUVENILES. 

9 (a) ALIENS NOT SUBJECT TO DIRECT NUMERICAL

10 LIMITATIONS.—Section 201(b)(1)(A) of the Immigration 

11 and Nationality Act (8 U.S.C. 1151(b)(1)(A)) is amended 

12 by striking ‘‘subparagraph (A) or (B)’’ and inserting 

13 ‘‘subparagraph (A), (B), or (J)’’. 

14 (b) PREFERENCE ALLOCATION FOR EMPLOYMENT15 BASED IMMIGRANTS.—Section 203(b)(4) of the Immigra16 tion and Nationality Act (8 U.S.C. 1153(b)(4)) is amend17 ed by striking ‘‘subparagraph (A) or (B)’’ and inserting 

18 ‘‘subparagraph (A), (B), or (J)’’. 

19 SEC. 402. ELIMINATION OF ANNUAL NUMERICAL LIMITA20 TION ON U VISAS. 

21 Section 214(p) of the Immigration and Nationality 

22 Act (8 U.S.C. 1184(p)) is amended by striking paragraph 

23 (2). 

66 

•S 3128 IS

1 SEC. 403. ACCESS TO MEDICAID FOR CERTAIN CHILDREN 

2 GRANTED STATUS. 

3 (a) ELIGIBILITY.—Section 402(b)(2)(A)(i) of the 

4 Personal Responsibility and Work Opportunity Reconcili5 ation Act of 1996 (8 U.S.C. 1612(b)(2)(A)(i)) is amended 

6 — 

7 (1) in subclause (IV), by striking ‘‘or’’ at the 

8 end; 

9 (2) in subclause (V), by striking the period at 

10 the end and inserting a semicolon; and 

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

12 ‘‘(VI) an alien is granted special 

13 immigrant status under section 

14 101(a)(27)(J) of the Immigration and 

15 Nationality Act (8 U.S.C. 

16 1101(a)(27)(J)); 

17 ‘‘(VII) an alien under the age of 

18 21 is granted status under section 

19 101(a)(15)(U) of the Immigration and 

20 Nationality Act (8 U.S.C. 

21 1101(a)(15(U)); or 

22 ‘‘(VIII) an alien is eligible for de23 ferred action pursuant to the June 

24 15, 2012, Department of Homeland 

25 Security Memorandum entitled ‘Exer26 cising Prosecutorial Discretion with 

67 

•S 3128 IS

1 Respect to Individuals Who Came to 

2 the United States as Children’, or any 

3 successor policy.’’. 

4 (b) MODIFICATION TO DURATION OF ATTRIBU5 TION.—Section 421(b) of the Personal Responsibility and 

6 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 

7 1631(b)) is amended— 

8 (1) in paragraph (1), by striking ‘‘or’’ at the 

9 end; 

10 (2) in paragraph (2), by striking the period at 

11 the end and inserting a semicolon; and 

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

13 ‘‘(3) is granted special immigrant status under 

14 section 101(a)(27)(J) of the Immigration and Na15 tionality Act (8 U.S.C. 1101(a)(27)(J)); 

16 ‘‘(4) in the case of an alien under the age of 

17 21, is granted status under section 101(a)(15)(U) of 

18 the Immigration and Nationality Act (8 U.S.C. 

19 1101(a)(15(U)); or 

20 ‘‘(5) is eligible for deferred action pursuant to 

21 the June 15, 2012, Department of Homeland Secu22 rity Memorandum entitled ‘Exercising Prosecutorial 

23 Discretion with Respect to Individuals Who Came to 

24 the United States as Children’, or any successor pol25 icy.’’. 

68 

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1 TITLE V—STOPPING CHILD 

2 LABOR TRAFFICKING 

3 SEC. 501. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT 

4 VIOLATIONS OR CRIME. 

5 (a) PROTECTION FOR VICTIMS OF LABOR AND EM6 PLOYMENT VIOLATIONS.—Section 101(a)(15)(U) of the 

7 Immigration and Nationality Act (8 U.S.C. 

8 1101(a)(15)(U)) is amended— 

9 (1) in clause (i)— 

10 (A) by striking subclause (I) and inserting 

11 the following: 

12 ‘‘(I) the alien— 

13 ‘‘(aa) has suffered substan14 tial physical, emotional, or men15 tal abuse or harm as a result of 

16 having been a victim of criminal 

17 activity described in clause (iii); 

18 ‘‘(bb) has suffered substan19 tial physical, emotional, or men20 tal abuse or harm related to a 

21 violation described in clause (iv); 

22 ‘‘(cc) is a victim of criminal 

23 activity described in clause (iii) 

24 and would suffer extreme hard25 ship upon removal; or 

69 

•S 3128 IS

1 ‘‘(dd) has suffered a viola2 tion described in clause (iv) and 

3 would suffer extreme hardship 

4 upon removal;’’; 

5 (B) in subclause (II), by inserting ‘‘, or a 

6 labor or employment violation resulting in a 

7 workplace claim described in clause (iv)’’ before 

8 the semicolon at the end; 

9 (C) in subclause (III)— 

10 (i) by striking ‘‘or State judge, to the 

11 Service’’ and inserting ‘‘, State, or local 

12 judge, to the Department of Homeland Se13 curity, to the Equal Employment Oppor14 tunity Commission, to the Department of 

15 Labor (including the Occupational Safety 

16 and Health Administration), to the Na17 tional Labor Relations Board, to the head 

18 official of a State or local government de19 partment of labor, workforce commission, 

20 or human relations commission or coun21 cil’’; 

22 (ii) by striking ‘‘investigating or pros23 ecuting’’ and inserting ‘‘investigating, 

24 prosecuting, or seeking civil remedies for’’; 

25 and 

70 

•S 3128 IS

1 (iii) by inserting ‘‘, or investigating, 

2 prosecuting, or seeking civil remedies for a 

3 labor or employment violation related to a 

4 workplace claim described in clause (iv)’’ 

5 before the semicolon; and 

6 (D) in subclause (IV)— 

7 (i) by inserting ‘‘(aa)’’ after ‘‘(IV)’’; 

8 (ii) by inserting ‘‘or’’ after the semi9 colon at the end; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(bb) a workplace claim de13 scribed in clause (iv) resulting from a 

14 labor or employment violation;’’; 

15 (2) in clause (ii)(II), by striking ‘‘and’’ at the 

16 end; 

17 (3) in clause (iii), by striking ‘‘or’’ at the end 

18 and inserting ‘‘and’’; and 

19 (4) by adding at the end the following: 

20 ‘‘(iv) in the labor or employment vio21 lation related to a workplace claim, the 

22 alien has filed, is a material witness in, or 

23 is likely to be helpful in the investigation 

24 of, a bona fide workplace claim (as defined 

25 in section 274A(e)(10)(B)(iii)(II)); or’’. 

71 

•S 3128 IS

1 (b) TEMPORARY PROTECTION FOR INJURED WORK2 ERS AND VICTIMS OF CRIME, LABOR, AND EMPLOYMENT

3 VIOLATIONS.—Notwithstanding any other provision of 

4 law, the Secretary of Homeland Security may permit an 

5 alien to temporarily remain in the United States, shall not 

6 remove the alien from the United States during the per7 mitted period, and shall provide the alien with the alien 

8 employment authorization, if the Secretary determines 

9 that the alien— 

10 (1) has filed for relief under section 

11 101(a)(15)(U) of the Immigration and Nationality 

12 Act (8 U.S.C. 1101(a)(15)(U)) or section 

13 101(a)(15)(T) of such Act (8 U.S.C. 

14 1101(a)(15)(T)); 

15 (2)(A) has filed, or is a material witness to, a 

16 bona fide workplace claim (as defined in paragraph 

17 (10) of section 274A(e) of such Act, as added by 

18 section 502(b) of this Act) or has filed, or is a mate19 rial witness to, a civil claim arising from criminal ac20 tivity (as defined in paragraph (10) of section 

21 274A(e) of such Act, as added by section 502(b) of 

22 this Act); and 

23 (B) has been helpful, is being helpful, or is like24 ly to be helpful to— 

72 

•S 3128 IS

1 (i) a Federal, State, or local law enforce2 ment official; 

3 (ii) a Federal, State, or local prosecutor; 

4 (iii) a Federal, State, or local judge; 

5 (iv) the Department of Homeland Security; 

6 (v) the Equal Employment Opportunity 

7 Commission; 

8 (vi) the Department of Labor, including 

9 the Occupational Safety and Health Adminis10 tration; 

11 (vii) the National Labor Relations Board; 

12 (viii) the head official of a State or local 

13 government department of labor, workforce 

14 commission, or human relations commission or 

15 council; or 

16 (ix) other Federal, State, or local authori17 ties; or 

18 (3) has filed a workers’ compensation claim or 

19 is undergoing treatment for a workplace injury or 

20 illness. 

21 (c) REQUIREMENTS APPLICABLE TO U VISAS.—Sec22 tion 214(p) of the Immigration and Nationality Act (8 

23 U.S.C. 1184(p)) is amended— 

24 (1) in paragraph (1), by inserting ‘‘or inves25 tigating, prosecuting, or seeking civil remedies for 

73 

•S 3128 IS

1 workplace claims described in section 

2 101(a)(15)(U)(iv)’’ after ‘‘section 

3 101(a)(15)(U)(iii)’’ each place such term appears; 

4 and 

5 (2) in paragraph (6)— 

6 (A) by inserting ‘‘or workplace claims de7 scribed in section 101(a)(15)(U)(iv)’’ after ‘‘de8 scribed in section 101(a)(15)(U)(iii)’’; and 

9 (B) by inserting ‘‘or workplace claim’’ 

10 after ‘‘prosecution of such criminal activity’’. 

11 (d) ADJUSTMENT OF STATUS FOR VICTIMS OF

12 CRIMES.—Section 245(m)(1) of the Immigration and Na13 tionality Act (8 U.S.C. 1255(m)(1)) is amended, in the 

14 matter preceding subparagraph (A), by inserting ‘‘or an 

15 investigation or prosecution regarding a workplace claim’’ 

16 after ‘‘prosecution’’. 

17 (e) ADJUSTMENT OF STATUS AND FEES.—Section 

18 245(l)(7) of the Immigration and Nationality Act (8 

19 U.S.C. 1255(l)(7)) is amended by striking ‘‘permit aliens 

20 to apply for a waiver of’’ and inserting ‘‘not require the 

21 payment of’’. 

22 (f) CHANGE OF NONIMMIGRANT CLASSIFICATION.— 

23 Section 384(a)(1) of the Illegal Immigration Reform and 

24 Immigrant Responsibility Act of 1996 (8 U.S.C. 

25 1367(a)(1)) is amended— 

74 

•S 3128 IS

1 (1) in subparagraph (E), by striking ‘‘physical 

2 or mental abuse and the criminal activity’’ and in3 serting ‘‘abuse and the criminal activity or work4 place claim’’; 

5 (2) in subparagraph (F)— 

6 (A) by striking ‘‘(8 U.S.C. 1101(a)(51))’’ 

7 and inserting ‘‘(8 U.S.C. 1101(a)(51)))’’; and 

8 (B) by adding ‘‘or’’ at the end; and 

9 (3) by inserting after subparagraph (F) the fol10 lowing: 

11 ‘‘(G) the alien’s employer,’’. 

12 (g) CONFIDENTIALITY OF INFORMATION.—Section 

13 384(b)(2) of the Illegal Immigration Reform and Immi14 grant Responsibility Act of 1996 (8 U.S.C. 1367(b)(2)) 

15 is amended by adding at the end the following: ‘‘However, 

16 neither the Secretary of Homeland Security nor the Attor17 ney General may use the information furnished pursuant 

18 to any application under section 101(a)(15)(T), 

19 101(a)(15)(U), 101(a)(27), 101(a)(51), 106, 240A(b)(2), 

20 or 244(a) of the Immigration and Nationality Act (8 

21 U.S.C. 1101(a)(15)(T), 1101(a)(15)(U), 1101(a)(27), 

22 1101(a)(51), 1105a, 1229b(b)(2), or 1254a(a)) or section 

23 107(b)(1)(E)(i)(II)(bb) of the Victims of Trafficking and 

24 Violence Protection Act of 2000 (22 U.S.C. 

75 

•S 3128 IS

1 7105(b)(1)(E)(i)(II)(bb)), for purposes of initiating or 

2 carrying out a removal proceeding.’’. 

3 SEC. 502. LABOR ENFORCEMENT ACTIONS. 

4 (a) REMOVAL PROCEEDINGS.—Section 239(e) of the 

5 Immigration and Nationality Act (8 U.S.C. 1229(e)) is 

6 amended— 

7 (1) in paragraph (1)— 

8 (A) by striking ‘‘In cases where’’ and in9 serting ‘‘If’’; and 

10 (B) by inserting ‘‘or as a result of informa11 tion provided to the Department of Homeland 

12 Security in retaliation against individuals for 

13 exercising or attempting to exercise their em14 ployment rights or other legal rights’’ after 

15 ‘‘paragraph (2)’’; and 

16 (2) in paragraph (2), by adding at the end the 

17 following: 

18 ‘‘(C) At a facility about which a workplace 

19 claim has been filed or is contemporaneously 

20 filed.’’. 

21 (b) UNLAWFUL EMPLOYMENT OF ALIENS.—Section 

22 274A(e) of the Immigration and Nationality Act (8 U.S.C. 

23 1324a(e)) is amended by adding at the end the following: 

24 ‘‘(10) CONDUCT IN ENFORCEMENT ACTIONS.— 

76 

•S 3128 IS

1 ‘‘(A) ENFORCEMENT ACTION.—If the Sec2 retary of Homeland Security undertakes an en3 forcement action at a facility about which a 

4 workplace claim has been filed or is contem5 poraneously filed, or as a result of information 

6 provided to the Department of Homeland Secu7 rity in retaliation against employees for exer8 cising their rights related to a workplace claim, 

9 the Secretary shall ensure that— 

10 ‘‘(i) any aliens arrested or detained 

11 who are victims of or material witnesses to 

12 workplace claim violations or criminal ac13 tivity (as described in subparagraph (T) or 

14 (U) of section 101(a)(15)) are not removed 

15 from the United States until after the Sec16 retary— 

17 ‘‘(I) notifies the appropriate 

18 agency with jurisdiction over such vio19 lations or criminal activity; and 

20 ‘‘(II) provides such agency with 

21 the opportunity to interview such 

22 aliens; and 

23 ‘‘(ii) no aliens entitled to a stay of re24 moval or abeyance of removal proceedings 

25 under this section are removed. 

77 

•S 3128 IS

1 ‘‘(B) PROTECTIONS FOR VICTIMS OF

2 CRIME, LABOR, AND EMPLOYMENT VIOLA3 TIONS.— 

4 ‘‘(i) STAY OF REMOVAL OR ABEYANCE

5 OF REMOVAL PROCEEDINGS.—An alien 

6 against whom removal proceedings have 

7 been initiated under chapter 4 of title II, 

8 who has filed a workplace claim, who is a 

9 material witness in any pending or antici10 pated proceeding involving a bona fide 

11 workplace claim or civil claim arising from 

12 criminal activity, or who has filed for relief 

13 under section 101(a)(15)(U), shall be enti14 tled to a stay of removal or an abeyance of 

15 removal proceedings and to employment 

16 authorization until the resolution of the 

17 workplace claim or the denial of relief 

18 under section 101(a)(15)(U) after exhaus19 tion of administrative or judicial appeals, 

20 whichever is later. 

21 ‘‘(ii) DURATION.—Any stay of re22 moval or abeyance of removal proceedings 

23 and employment authorization issued pur24 suant to clause (i) shall remain valid until 

25 the resolution of the workplace claim or 

78 

•S 3128 IS

1 the denial of relief under section 

2 101(a)(15)(U) after the exhaustion of ad3 ministrative or judicial appeals, and shall 

4 be extended by the Secretary of Homeland 

5 Security for a period of not longer than 10 

6 additional years upon determining that— 

7 ‘‘(I) such relief would enable the 

8 alien asserting a workplace claim or 

9 civil claim arising from criminal activ10 ity, or assisting in investigation or 

11 prosecution of criminal activity, to 

12 pursue the matter to resolution, ac13 cording to any agency administering 

14 any statute underlying these claims or 

15 any other credible evidence; 

16 ‘‘(II) the deterrent goals of any 

17 statute underlying a workplace claim, 

18 criminal activity, or civil claim arising 

19 from criminal activity would be 

20 served, according to any agency ad21 ministering such a statute or any 

22 other credible evidence; or 

23 ‘‘(III) such extension would oth24 erwise further the interests of justice. 

79 

•S 3128 IS

1 ‘‘(iii) DEFINITIONS.—In this para2 graph: 

3 ‘‘(I) CIVIL CLAIM ARISING FROM

4 CRIMINAL ACTIVITY.—The term ‘civil 

5 claim arising from criminal activity’ 

6 means any written or oral claim, 

7 charge, complaint, or grievance filed 

8 with, communicated to, or submitted 

9 to a Federal, State, or local agency or 

10 court related to the violation of appli11 cable Federal, State, and local laws 

12 arising from criminal activity de13 scribed in section 101(a)(15)(U)(iii). 

14 ‘‘(II) MATERIAL WITNESS.—Not15 withstanding any other provision of 

16 law, the term ‘material witness’ means 

17 an individual who presents a declara18 tion from an attorney investigating, 

19 prosecuting, or defending the claim or 

20 from the presiding officer overseeing 

21 the claim attesting that, to the best of 

22 the declarant’s knowledge and belief, 

23 reasonable cause exists to believe that 

24 the testimony of the individual will be 

80 

•S 3128 IS

1 relevant to the outcome of the work2 place claim. 

3 ‘‘(III) WORKPLACE CLAIM.—The 

4 term ‘workplace claim’ means any 

5 written or oral claim, charge, com6 plaint, or grievance filed with, commu7 nicated to, or submitted to the em8 ployer, a Federal, State, or local agen9 cy or court, or an employee represent10 ative related to the workplace injury 

11 or illness or to the violation of appli12 cable Federal, State, and local labor 

13 laws, including laws concerning wages 

14 and hours, labor relations, family and 

15 medical leave, occupational health and 

16 safety, civil rights, or nondiscrimina17 tion.’’. 

18 (c) CONTINUED APPLICATION OF WORKFORCE AND

19 LABOR PROTECTION REMEDIES.—Section 274A(e) of the 

20 Immigration and Nationality Act (8 U.S.C. 1324a(e)), as 

21 amended by subsection (b), is further amended by adding 

22 at the end the following: 

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1 ment or during the back pay period or the failure of 

2 the employer or employee to comply with the re3 quirements under this section or with any other pro4 vision of Federal law relating to the unlawful em5 ployment of noncitizens— 

6 ‘‘(A) all rights, remedies, and relief pro7 vided under any Federal, State, or local law re8 lating to workplace rights, including reinstate9 ment and back pay, are available to such em10 ployee; and 

11 ‘‘(B) a court may not prohibit such an em12 ployee from pursuing other causes of action giv13 ing rise to liability in a civil action.’’. 

14 TITLE VI—GENERAL 

15 PROVISIONS 

16 SEC. 601. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated such sums 

18 as are necessary to carry out this Act and the amendments 

19 made by this Act. 

20 SEC. 602. SUPPLEMENTAL APPROPRIATION. 

21 In any month in which the number of unaccompanied 

22 children referred to the Department of Health and Human 

23 Services pursuant to section 462 of the Homeland Secu24 rity Act of 2002 (6 U.S.C. 279) and section 235 of the 

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1 thorization Act of 2008 (8 U.S.C. 1232) exceeds 10,000, 

2 as determined by the Secretary of Health and Human 

3 Services, an additional $30,000,000, to remain available 

4 until expended, shall be made available for obligation for 

5 every 500 unaccompanied children above that level (in6 cluding a pro rata amount for any increment less than 

7 500), for carrying out such sections 462 and 235 and the 

8 activities authorized by this Act and the amendments 

9 made by this Act. 

Æ