II 

116TH CONGRESS 

1ST SESSION S. 1165 

To clarify responsibilities related to unaccompanied alien children, to provide 

additional protections and tracking mechanisms for such children, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 11, 2019 

Mr. PORTMAN (for himself, Mr. BLUMENTHAL, Mr. LANKFORD, and Mr. CARPER) introduced the following bill; which was read twice and referred to 

the Committee on the Judiciary 

A BILL 

To clarify responsibilities related to unaccompanied alien children, to provide additional protections and tracking 

mechanisms for such children, 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. 

4 This Act may be cited as the ‘‘Responsibility for Un5 accompanied Minors Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The Department of Health and Human 

9 Services, under Federal law as in effect on the date 


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1 of the enactment of this Act, is responsible for the 

2 care of each unaccompanied alien child in the United 

3 States, including any such child placed with a spon4 sor, until the earlier of— 

5 (A) the date on which the immigration pro6 ceedings of the child are concluded; or 

7 (B) the date on which the child attains 18 

8 years of age. 

9 (2) Follow-up services provided to certain unac10 companied alien children released to sponsors under 

11 section 235 of the William Wilberforce Trafficking 

12 Victims Protection Reauthorization Act of 2008 (8 

13 U.S.C. 1232) are valuable to help ensure child safe14 ty, integration, and appearance at immigration court 

15 proceedings. 

16 SEC. 3. RESPONSIBILITIES OF THE DIRECTOR OF THE OF17 FICE OF REFUGEE RESETTLEMENT. 

18 Section 462(b) of the Homeland Security Act of 2002 

19 (6 U.S.C. 279(b)) is amended by adding at the end the 

20 following: 

21 ‘‘(5) CLARIFICATION OF PERIOD OF CARE.— 

22 ‘‘(A) IN GENERAL.—Pursuant to the obli23 gation established under section 235(b)(1) of 

24 the William Wilberforce Trafficking Victims 

25 Protection Reauthorization Act of 2008 (8 


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1 U.S.C. 1232(b)(1)), the Director of the Office 

2 of Refugee Resettlement is authorized to care 

3 for and provide follow-up services to an unac4 companied alien child, including any such child 

5 placed with a sponsor, from the time the child 

6 is identified as an unaccompanied alien child 

7 until the earlier of— 

8 ‘‘(i) the date on which the immigra9 tion proceedings of such child are con10 cluded; or 

11 ‘‘(ii) the date on which the child at12 tains 18 years of age. 

13 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 

14 in this paragraph limits the authority of a State 

15 or local welfare or emergency services provider 

16 to address an allegation of abuse or neglect or 

17 an emergency situation. 

18 ‘‘(6) FOLLOW-UP SERVICES.—Before placing an 

19 unaccompanied alien child with a sponsor, the Direc20 tor of the Office of Refugee Resettlement shall 

21 evaluate, to the extent possible, the need for such 

22 child to receive follow-up services once such child is 

23 placed with a sponsor.’’. 


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1 SEC. 4. RESPONSIBILITIES OF THE SECRETARY OF HEALTH 

2 AND HUMAN SERVICES. 

3 (a) SPONSOR CARE AGREEMENT; FOLLOW-UP SERV4 ICES.—Section 235(c)(3) of the William Wilberforce Traf5 ficking Victims Protection Reauthorization Act of 2008 (8 

6 U.S.C. 1232(c)(3)) is amended— 

7 (1) in subparagraph (A)— 

8 (A) by striking ‘‘custodian’’ and inserting 

9 ‘‘sponsor’’; and 

10 (B) by striking ‘‘custodian’s’’ and inserting 

11 ‘‘sponsor’s’’; 

12 (2) in subparagraph (B), by adding at the end 

13 the following: ‘‘Neither an unaccompanied alien child 

14 nor any sponsor of such child may refuse the follow15 up services required or authorized under the pre16 ceding sentence.’’; 

17 (3) by redesignating subparagraph (C) as sub18 paragraph (E); and 

19 (4) by inserting after subparagraph (B) the fol20 lowing: 

21 ‘‘(C) SPONSOR CARE AGREEMENT.— 

22 ‘‘(i) IN GENERAL.—Before the Sec23 retary of Health and Human Services 

24 places an unaccompanied alien child with a 

25 sponsor, the proposed sponsor shall execute 

26 a sponsor care agreement. 


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1 ‘‘(ii) REQUIREMENTS.— 

2 ‘‘(I) IN GENERAL.—A sponsor 

3 care agreement required under clause 

4 (i) shall include an agreement by the 

5 sponsor— 

6 ‘‘(aa) to provide for the 

7 physical and mental well-being of 

8 such child, including providing 

9 food, shelter, clothing, education, 

10 medical care, and other services, 

11 as needed; 

12 ‘‘(bb) to ensure the child’s 

13 presence at all future immigra14 tion proceedings related to such 

15 child; 

16 ‘‘(cc) to notify local law en17 forcement or the appropriate 

18 State or local child protective 

19 services agency if such child has 

20 been, or is, at risk of being phys21 ically, mentally, or sexually 

22 abused, abandoned, neglected, 

23 threatened, or kidnapped; 

24 ‘‘(dd) to notify the Secretary 

25 of Health and Human Services if 


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1 the sponsorship status of such 

2 child has changed for any reason, 

3 including a change of custodian 

4 or sponsor, kidnapping, or flight; 

5 ‘‘(ee) to accept any follow-up 

6 services authorized or required 

7 under subparagraph (B); 

8 ‘‘(ff) to comply with, and en9 sure the compliance of, such child 

10 with all lawful orders of a court 

11 of the United States or Federal 

12 agency with jurisdiction related 

13 to the child; and 

14 ‘‘(gg) to notify the Secretary 

15 of Health and Human Services, 

16 the Director of U.S. Citizenship 

17 and Immigration Services, and 

18 the Director of the Executive Of19 fice for Immigration Review of 

20 the current mailing address of 

21 such child if such address 

22 changes. 

23 ‘‘(II) OTHER MATTERS.—A spon24 sor care agreement required under 

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1 ters as the Secretary of Health and 

2 Human Services considers appro3 priate. 

4 ‘‘(D) TERMINATION OF SPONSOR.— 

5 ‘‘(i) NONPARENTAL SPONSORS.— 

6 ‘‘(I) IN GENERAL.—Except as 

7 provided in subclause (II), with re8 spect to an unaccompanied alien child 

9 released to a sponsor who is not the 

10 parent or legal guardian of such child, 

11 the Secretary of Health and Human 

12 Services shall terminate the sponsor13 ship arrangement and assume phys14 ical custody of such child if such 

15 sponsor fails to comply with the provi16 sions of the sponsor care agreement 

17 required under subparagraph (C). 

18 ‘‘(II) EXCEPTIONS.—The Sec19 retary of Health and Human Services 

20 shall not terminate a sponsorship ar21 rangement under subclause (I)— 

22 ‘‘(aa) in the case of a minor 

23 violation of subparagraph 

24 (C)(ii)(I)(gg) that the sponsor 

25 timely remedies; or 


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1 ‘‘(bb) if the Secretary finds 

2 that terminating the sponsorship 

3 arrangement would not be in the 

4 best interest of the child. 

5 ‘‘(III) DUTIES OF THE SEC6 RETARY.—In the case of a termi7 nation of a sponsorship arrangement 

8 under subclause (I), the Secretary of 

9 Health and Human Services shall— 

10 ‘‘(aa) place the unaccom11 panied alien child with a new 

12 sponsor or in another placement 

13 that is in the best interest of the 

14 child; and 

15 ‘‘(bb) on the date on which 

16 a sponsorship arrangement is ter17 minated, provide to the individual 

18 the sponsorship of whom is ter19 minated a written notification 

20 and justification of the decision 

21 to terminate the sponsorship, and 

22 information relating to the ap23 peals process under subclause 

24 (IV). 

25 ‘‘(IV) APPEALS.— 


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1 ‘‘(aa) IN GENERAL.—The 

2 Secretary of Health and Human 

3 Services shall establish a process 

4 by which an individual the spon5 sorship of whom is terminated 

6 under subclause (I) may appeal 

7 the termination. 

8 ‘‘(bb) NO JUDICIAL RE9 VIEW.—An appeal under item 

10 (aa) shall not be subject to judi11 cial review. 

12 ‘‘(V) RIGHT TO REAPPLY FOR

13 SPONSORSHIP.—An individual the 

14 sponsorship of whom is terminated 

15 under clause (i)(I) may reapply to 

16 serve as a sponsor after the date on 

17 which the individual has remedied the 

18 one or more conditions on which the 

19 termination was based. 

20 ‘‘(ii) PARENTAL SPONSORS.—With re21 spect to an unaccompanied alien child re22 leased to a sponsor who is the parent or 

23 legal guardian of such child, in the case of 

24 the failure by the sponsor to comply with 

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1 ment required under subparagraph (C), 

2 the Secretary of Health and Human Serv3 ices shall notify the State agency respon4 sible for administering the State plans 

5 under parts B and E of title IV of the So6 cial Security Act (42 U.S.C. 621 et seq., 

7 670 et seq.). 

8 ‘‘(iii) REPORTING.— 

9 ‘‘(I) DEFINITION OF APPRO10 PRIATE COMMITTEES OF CONGRESS.— 

11 In this clause, the term ‘appropriate 

12 committees of Congress’ means— 

13 ‘‘(aa) the Committee on 

14 Homeland Security and Govern15 mental Affairs, the Committee on 

16 the Judiciary, and the Committee 

17 on Health, Education, Labor, 

18 and Pensions of the Senate; and 

19 ‘‘(bb) the Committee on 

20 Homeland Security, the Com21 mittee on the Judiciary, and the 

22 Committee on Energy and Com23 merce of the House of Represent24 atives. 


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1 ‘‘(II) QUARTERLY REPORT.—Not 

2 later than 90 days after the date of 

3 the enactment of the Responsibility 

4 for Unaccompanied Minors Act, and 

5 quarterly thereafter, the Secretary of 

6 Health and Human Services shall sub7 mit to the appropriate committees of 

8 Congress a report that includes, for 

9 the preceding quarter— 

10 ‘‘(aa) a description of each 

11 instance in which a sponsor failed 

12 to comply with a provision of the 

13 sponsor care agreement under 

14 subparagraph (C)(ii) and the ac15 tion taken under clause (i) or 

16 (ii), including— 

17 ‘‘(AA) with respect to a 

18 sponsor who is not a parent 

19 or legal guardian of the 

20 child, whether the sponsor21 ship arrangement was termi22 nated, an analysis whether 

23 termination is contrary to 

24 the best interests of the 

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1 vidual the sponsorship of 

2 whom was terminated filed 

3 an appeal under clause 

4 (i)(IV); and 

5 ‘‘(BB) with respect to a 

6 sponsor who is a parent or 

7 legal guardian of the child, 

8 whether the Secretary of 

9 Health and Human Services 

10 notified the State agency re11 sponsible for administering 

12 the State plans under parts 

13 B and E of title IV of the 

14 Social Security Act (42 

15 U.S.C. 621 et seq., 670 et 

16 seq.); and 

17 ‘‘(bb) in the case of a deter18 mination by the Secretary of 

19 Health and Human Services that 

20 a sponsor is not in compliance 

21 with a provision of the sponsor 

22 care agreement but termination 

23 of sponsorship is not in the best 

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1 nation of the reasons for such de2 termination.’’. 

3 (b) NOTIFICATIONS.—Section 235 of the William 

4 Wilberforce Trafficking Victims Protection Reauthoriza5 tion Act of 2008 (8 U.S.C. 1232) is amended— 

6 (1) by redesignating subsection (h) as sub7 section (j) and moving such subsection so that it ap8 pears immediately after subsection (i); and 

9 (2) by inserting after subsection (g) the fol10 lowing: 

11 ‘‘(h) NOTIFICATIONS.— 

12 ‘‘(1) IN GENERAL.—Before releasing any unac13 companied alien child to a sponsor, the Secretary of 

14 Health and Human Services shall submit to the 

15 State agency responsible for administering the State 

16 plans under parts B and E of title IV of the Social 

17 Security Act (42 U.S.C. 621 et seq., 670 et seq.)— 

18 ‘‘(A) written notification of the specific lo19 cation at which the unaccompanied alien child 

20 will reside while in such jurisdiction; and 

21 ‘‘(B) written certification that— 

22 ‘‘(i) the unaccompanied alien child will 

23 have undergone appropriate health 

24 screenings and received appropriate vac25 cinations; and 


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1 ‘‘(ii) the Secretary of Health and 

2 Human Services has completed background 

3 checks under section 5(a)(3) of the Re4 sponsibility for Unaccompanied Minors Act 

5 with respect to each individual who will be 

6 a sponsor of an unaccompanied alien child 

7 to be placed in the State and has deter8 mined that the individual does not present 

9 a risk to the unaccompanied alien child. 

10 ‘‘(2) EXEMPT FROM DISCLOSURE.—Any person11 ally identifiable information submitted under para12 graph (1)— 

13 ‘‘(A) shall be exempt from disclosure under 

14 section 552(b)(6) of title 5, United States Code; 

15 and 

16 ‘‘(B) may not be disclosed by the recipient 

17 State agency (directly or indirectly) to any non18 governmental entity. 

19 ‘‘(3) PURPOSE.—The purpose of this subsection 

20 is to facilitate cooperation between the Federal Gov21 ernment and the States to promote the best interests 

22 of unaccompanied alien children.’’. 

23 (c) CONFORMING AMENDMENTS.—Section 235(c)(4) 

24 of the William Wilberforce Trafficking Victims Protection 


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1 Reauthorization Act of 2008 (8 U.S.C. 1232(c)(4)) is 

2 amended— 

3 (1) by striking ‘‘custodians’’ and inserting 

4 ‘‘sponsors’’; and 

5 (2) by striking ‘‘custodian’s’’ and inserting 

6 ‘‘sponsor’s’’. 

7 SEC. 5. RELEASING UNACCOMPANIED MINOR CHILDREN TO 

8 SPONSORS. 

9 (a) MANDATORY BACKGROUND CHECKS.—Before re10 leasing any unaccompanied alien child (as defined in sec11 tion 462(g) of the Homeland Security Act of 2002 (6 

12 U.S.C. 279(g))) to a sponsor, including a sponsor who is 

13 the parent or legal guardian of the unaccompanied alien 

14 child and any other sponsor, the Secretary of Health and 

15 Human Services shall— 

16 (1) verify the sponsor’s identity and relation17 ship to the unaccompanied alien child; 

18 (2) interview the sponsor; and 

19 (3) conduct a background check on the sponsor 

20 and all other adults living in the household in which 

21 the unaccompanied alien child will reside, which 

22 shall include a fingerprint check against the infor23 mation maintained by law enforcement agencies. 

24 (b) LIMITATION ON LIABILITY.— 


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1 (1) INJUNCTIVE RELIEF.—Any individual with 

2 standing to challenge an action by the Department 

3 of Health and Human Services that violates this Act 

4 or section 235 of the William Wilberforce Traf5 ficking Victims Protection Reauthorization Act of 

6 2008 (8 U.S.C. 1232), as amended by section 4, or 

7 any entity representing such an individual, may 

8 bring an action in an appropriate Federal court for 

9 injunctive relief. 

10 (2) PROHIBITION AGAINST MONETARY DAM11 AGES.—A court may not award monetary damages 

12 to a plaintiff in a lawsuit described in paragraph 

13 (1). 

14 SEC. 6. EMERGENCY IMMIGRATION JUDGE RESOURCES. 

15 The Attorney General shall increase the number of 

16 immigration judge teams by not fewer than 225, as com17 pared to the number of immigration judge teams on the 

18 date of the enactment of this Act. 

Æ 


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