I 

112TH CONGRESS 

1ST SESSION H. R. 2607 

To provide protection for children affected by the immigration laws of the 

United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 21, 2011 

Ms. WOOLSEY introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Ways and 

Means, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide protection for children affected by the immigration laws of the United States, 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 ‘‘Humane Enforcement 

5 and Legal Protections for Separated Children Act’’ or the 

6 ‘‘HELP Separated Children Act’’. 

7 SEC. 2. DEFINITIONS. 

8 For the purposes of this Act: 


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1 (1) APPREHENSION.—The term ‘‘apprehen2 sion’’, in the context of an immigration enforcement3 related activity, means government detention, arrest, 

4 or custody, or any significant deprivation of an indi5 vidual’s freedom of action by government officials or 

6 entities acting under agreement with the Depart7 ment of Homeland Security for suspicion of viola8 tions under the Immigration and Nationality Act (8 

9 U.S.C. 1101 et seq.). 

10 (2) IMMIGRATION ENFORCEMENT-RELATED AC11 TIVITY.—The term ‘‘immigration enforcement-re12 lated activity’’ means the questioning of, apprehen13 sion of, detention of, or request for or issuance of 

14 a detainer for one or more individuals for suspected 

15 or confirmed violations of the Immigration and Na16 tionality Act (8 U.S.C. 1101 et seq.) by the Depart17 ment of Homeland Security or cooperating entities. 

18 (3) SSA.—The term ‘‘SSA’’ means the appro19 priate State or local social service agency, including 

20 nongovernmental organizations, child welfare agen21 cies, child protective service agencies, school and 

22 head start administrators, legal service providers, 

23 and hospitals. 


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1 SEC. 3. APPREHENSION PROCEDURES FOR IMMIGRATION 

2 ENFORCEMENT-RELATED ACTIVITIES. 

3 (a) IN GENERAL.—Any immigration enforcement-re4 lated activity engaged in by the Department of Homeland 

5 Security or by other entities under agreement with the De6 partment of Homeland Security for alleged violations 

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

8 1101 et seq.), which results in the apprehension of at least 

9 one alien shall be carried out in accordance with the proce10 dures described in this section. 

11 (b) APPREHENSION PROCEDURES.—The Secretary of 

12 Homeland Security and entities under agreement with the 

13 Department of Homeland Security shall— 

14 (1) conduct an initial review of each individual 

15 apprehended in an immigration enforcement-related 

16 activity to ascertain whether such individual may be 

17 a United States citizen, a lawful permanent resident 

18 of the United States, or an alien lawfully present in 

19 the United States; 

20 (2) if an individual claims to be a United States 

21 citizen, a lawful permanent resident of the United 

22 States, or an alien lawfully present in the United 

23 States, ensure that personnel of the Department of 

24 Homeland Security investigate the individual’s 

25 claims and consider the individual for release under 

26 section 4(c); 


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1 (3) notify SSAs of immigration enforcement-re2 lated activity not later than 24 hours before the 

3 commencement of such activity, specifically notifying 

4 the SSAs of— 

5 (A) the specific area of the State that will 

6 be affected; and 

7 (B) the languages that may be spoken by 

8 individuals at the targeted site; 

9 (4) if such immigration enforcement-related ac10 tivities cannot be planned more than 24 hours in ad11 vance, notify SSAs in a timely fashion before the ac12 tivity commences or, if advance notification is not 

13 possible, immediately following the commencement of 

14 such activity; 

15 (5) provide licensed social workers or case man16 agers employed or contracted by the SSAs with on17 going confidential access to each individual appre18 hended by the Department of Homeland Security or 

19 any entity operating under agreement with the De20 partment of Homeland Security within six hours of 

21 the individual’s apprehension— 

22 (A) to determine through screening and 

23 interviewing if such individual is a member of 

24 a vulnerable population as described in section 

25 4(b) or for other humanitarian concerns; and 


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1 (B) to offer confidential psychosocial and 

2 mental health services to children and family 

3 members of such individual at the time of ap4 prehension; 

5 (6) notify local law enforcement of the specific 

6 area of the State that will be affected by such immi7 gration enforcement-related activity not later than 

8 24 hours before the commencement of such activity 

9 or, if such immigration enforcement-related activity 

10 cannot be planned more than 24 hours in advance, 

11 notify local law enforcement in a timely fashion be12 fore such activity commences, or if advance notifica13 tion is not possible, immediately following the com14 mencement of such activity; 

15 (7) coordinate with qualified medical personnel 

16 within six hours of the apprehension of an individual 

17 to— 

18 (A) conduct medical screenings of such in19 dividual; and 

20 (B) identify and report any medical or 

21 other issues that might necessitate release as a 

22 member of a vulnerable population; 

23 (8) require personnel of the Department of 

24 Homeland Security and any entity operating under 

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1 rity to avoid the apprehension of persons on the 

2 premises or in the immediate vicinity of day care 

3 centers, head start centers, schools, school bus stops, 

4 recreation centers, legal service providers, courts, fu5 neral homes, cemeteries, colleges, victim services 

6 agencies, social service agencies, hospitals, health 

7 care clinics, community centers, and places of wor8 ship; 

9 (9) before transferring any individual appre10 hended by the Department of Homeland Security or 

11 any entity operating under agreement with the De12 partment of Homeland Security to a detention facil13 ity or outside the region where apprehension took 

14 place— 

15 (A) determine, based on all information 

16 available to the Department of Homeland Secu17 rity, entities operating under agreement with 

18 the Department of Homeland Security, and the 

19 recommendations made by SSAs and medical 

20 personnel, whether such individual is a member 

21 of a vulnerable population as described in sec22 tion 4(b) or should be released in accordance 

23 with section 4(c); and 

24 (B) ensure that such individual is not 

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1 cility or to the custody of the Secretary of 

2 Homeland Security until such individual— 

3 (i) has made arrangements for the 

4 care of the individual’s children or wards; 

5 or 

6 (ii) if such arrangements are impos7 sible, is informed of the care arrangements 

8 made for such children and a means to 

9 maintain communication with such chil10 dren; 

11 (10) provide and advertise in the mainstream 

12 and foreign language media and on the Web site of 

13 the Department of Homeland Security a toll-free 

14 number through which family members of individ15 uals apprehended as a result of an immigration en16 forcement-related activity may report information 

17 relevant to the release of such individuals, including 

18 whether such individuals are members of a vulner19 able population, which will be conveyed to the appro20 priate Department of Homeland Security official and 

21 applicable SSA, and through which State child wel22 fare service providers, family members, and legal 

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1 uals, including their location, in English and in the 

2 majority language of such individuals; 

3 (11) if there is reason to believe that an indi4 vidual who is apprehended is a parent, legal guard5 ian, or primary caregiver relative of a dependent 

6 child in the United States, provide such parent, legal 

7 guardian, or primary caregiver relative with— 

8 (A) confidential and toll-free telephone 

9 calls to arrange for care of dependent children 

10 within 2 hours of screening; 

11 (B) information, including contact details, 

12 for legal service providers that can offer free 

13 legal advice regarding child welfare and custody 

14 determinations; and 

15 (C) information, including contact informa16 tion, on multiple State and local child welfare 

17 providers; 

18 (12) ensure that personnel of the Department 

19 of Homeland Security and of entities operating 

20 under agreement with the Department do not— 

21 (A) interrogate or screen individuals in the 

22 immediate presence of children; 

23 (B) interrogate, arrest, or detain any child 

24 apprehended with his or her parent or parents 

25 without the presence or consent of a parent, 


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1 family member, legal guardian, or legal counsel; 

2 or 

3 (C) compel or request children to translate 

4 for other individuals who are encountered as 

5 part of an immigration enforcement-related ac6 tivity; 

7 (13) provide all Department of Homeland Secu8 rity personnel, personnel from entities under agree9 ment with the Department of Homeland Security 

10 participating SSAs, and medical personnel with de11 tailed instructions on what steps to take if they en12 counter individuals who are a member of a vulner13 able population; 

14 (14) ensure that the best interests of children 

15 are considered in decisions and actions relating to 

16 the detention, transfer, or release of any individual 

17 apprehended by the Department of Homeland Secu18 rity, and that there be a preference for family unity 

19 whenever appropriate; 

20 (15) ensure that not fewer than one inde21 pendent certified interpreter who is fluent in Span22 ish or any language other than English spoken by 

23 more than 5 percent of the population targeted by 

24 an immigration enforcement-related activity is avail25 able for in-person translation for every 5 individuals 


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1 targeted by an immigration enforcement-related ac2 tivity, and that the Department of Homeland Secu3 rity and entities operating under agreement with the 

4 Department of Homeland Security utilize appro5 priate translation services where interpreters cannot 

6 or have not been retained prior to commencement of 

7 an immigration enforcement-related activity; 

8 (16) permit nonprofit legal service providers to 

9 offer free legal services to individuals subject to an 

10 immigration enforcement-related activity at the time 

11 of the apprehension of such individuals; and 

12 (17) provide a legal orientation presentation for 

13 any individual apprehended through an immigration 

14 enforcement-related activity through the Legal Ori15 entation Program administered by the Executive Of16 fice for Immigration Review. 

17 (c) NONDISCLOSURE AND RETENTION OF INFORMA18 TION ABOUT APPREHENDED INDIVIDUALS AND THEIR

19 CHILDREN.— 

20 (1) IN GENERAL.—Information collected by 

21 child welfare agencies and nongovernmental organi22 zations in the course of the screenings and inter23 views described in subsection (b)(5) may not be dis24 closed to Federal, State, or local government entities 

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1 ization from the individual or his or her legal coun2 sel. 

3 (2) CHILD WELFARE AGENCY OR NONGOVERN4 MENTAL ORGANIZATION RECOMMENDATION.—Not5 withstanding paragraph (1), a child welfare agency 

6 or nongovernmental organization may— 

7 (A) submit a recommendation to the Sec8 retary of the Department of Homeland Security 

9 or a cooperating entity regarding whether an 

10 apprehended individual is a parent, legal guard11 ian, or primary caregiver relative who is eligible 

12 for the protections provided under this Act; and 

13 (B) disclose information that is necessary 

14 to protect the safety of the child, to allow for 

15 the application of paragraphs (9)(B) and (14) 

16 of subsection (b), or to prevent reasonably cer17 tain death or substantial bodily harm. 

18 SEC. 4. BASIC PROTECTIONS FOR VULNERABLE POPU19 LATIONS. 

20 (a) IN GENERAL.—Not later than 48 hours after the 

21 commencement of an immigration enforcement-related ac22 tivity, the Department of Homeland Security shall, based 

23 on all information available to the Department of Home24 land Security, entities operating under agreement with the 

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1 tions made by SSAs and medical personnel, determine if 

2 each individual apprehended through such activity belongs 

3 to any of the groups listed in subsection (b). Information 

4 regarding vulnerable groups and eligibility for potential re5 lease shall be posted prominently in detention facilities 

6 where detainees and visitors can access the information 

7 and shall be included in the detainee handbook. 

8 (b) VULNERABLE POPULATION GROUPS.—An indi9 vidual is eligible for release under subsection (c), or a deci10 sion not to detain, if the individual belongs to any of the 

11 following groups: 

12 (1) Individuals who have serious medical or 

13 mental health needs or a disability. 

14 (2) Pregnant or nursing women. 

15 (3) Individuals who are apprehended with one 

16 or more of their children, and their children. 

17 (4) Sole custodial parents or sole legal guard18 ians of children, or individuals who have family 

19 members who are ill or otherwise require the assist20 ance of a caregiver. 

21 (5) Children (as defined by section 101(b)(1) of 

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

23 1101(b)(1))). 

24 (6) Individuals who are over 65 years of age. 


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1 (7) Victims of abuse, violence, crime, or human 

2 trafficking. 

3 (8) Individuals who have been referred for a 

4 credible fear interview, a reasonable fear interview, 

5 or an asylum hearing. 

6 (9) Individuals who have applied or intend to 

7 apply for asylum, withholding of removal, or protec8 tion under the Convention Against Torture and 

9 Other Cruel, Inhuman or Degrading Treatment or 

10 Punishment, done at New York on December 10, 

11 1984. 

12 (10) Individuals who have a non-frivolous claim 

13 to United States citizenship, lawful permanent resi14 dent status, or lawful status in the United States. 

15 (11) Individuals who are eligible for relief under 

16 any provision of the Immigration and Nationality 

17 Act (8 U.S.C. 1101 et seq.). 

18 (12) Any other group designated in regulations 

19 or guidance promulgated by the Secretary of Home20 land Security. 

21 (c) ELIGIBILITY FOR RELEASE.— 

22 (1) IN GENERAL.—Not later than 72 hours 

23 after the apprehension of an individual described in 

24 subsection (b) by the Department of Homeland Se25 curity or any entities operating under agreement 


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1 with the Department of Homeland Security, he or 

2 she shall be released on his or her own recognizance, 

3 parole, on a reasonable bond, or into a community4 based non-custodial alternatives to detention pro5 gram and shall not be subject to electronic moni6 toring, unless the Department demonstrates— 

7 (A) the alien is subject to mandatory de8 tention under section 235(b)(1)(B)(iii)(IV), 

9 236(c), or 236A of the Immigration and Na10 tionality Act (8 U.S.C. 1225(1)(B)(iii)(IV), 

11 1226(c), or 1226a); 

12 (B) the alien poses a danger to others or 

13 is a risk to national security; or 

14 (C) the alien is a flight risk and any risk 

15 of flight cannot be mitigated by supervision or 

16 bond. 

17 (2) ALTERNATIVES TO DETENTION.—If an 

18 alien is determined not to meet the requirements for 

19 release on recognizance, bond, or parole, or subse20 quently does not meet the requirements for non-cus21 todial alternatives to detention programs, the alien 

22 may be considered for placement in alternatives to 

23 detention programs that maintain custody over the 

24 alien, including programs that use electronic ankle 

25 devices or heightened supervision and monitoring 


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1 procedures. The Secretary of Homeland Security 

2 shall make an individualized determination in each 

3 alien’s case about the use of electronic monitoring 

4 and shall review such determination on a monthly 

5 basis. Aliens who would otherwise be subject to de6 tention including under section 236(c) of the Immi7 gration and Nationality Act (8 U.S.C. 1226(c)) may 

8 be placed in electronic monitoring or other secure 

9 custodial alternatives to detention that maintain cus10 tody over the alien. 

11 (3) WRITTEN DECISION.—Each decision made 

12 under this subsection shall specify in writing the 

13 reasons for such decision and be served upon the de14 tained individual in his or her native language not 

15 later than 72 hours after the start of detention, or, 

16 in the case of an individual subject to section 235, 

17 238, or 241(a)(5) of the Immigration and Nation18 ality Act, not later than 72 hours after a positive 

19 credible or reasonable fear determination. Each deci20 sion made under this section is subject to redeter21 mination at any time by an immigration judge. 

22 SEC. 5. CUSTODY DETERMINATION. 

23 (a) AMENDMENT.—Section 236 of the Immigration 

24 and Nationality Act (8 U.S.C. 1226) is amended— 


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1 (1) by redesignating subsection (e) as sub2 section (h); 

3 (2) by redesignating subsections (b), (c), and 

4 (d) as subsections (c), (d), and (e), respectively; and 

5 (3) by inserting before subsection (h), as redes6 ignated, the following: 

7 ‘‘(g) RIGHT TO ACCESS COUNSEL.—An individual 

8 who has been detained under this section may be rep9 resented, at no expense to the Federal Government, by 

10 counsel of the individual’s choosing while being subject to 

11 any immigration enforcement-related activity, including— 

12 ‘‘(1) interviews; 

13 ‘‘(2) processing appointments; 

14 ‘‘(3) booking or intake questions; 

15 ‘‘(4) hearings; and 

16 ‘‘(5) any proceeding which may result in a con17 clusion that the individual will be detained or re18 moved from the United States.’’. 

19 (b) NOTICE.— 

20 (1) AMENDMENT.—Section 236 of the Immi21 gration and Nationality Act, as amended by sub22 section (a), is further amended by inserting before 

23 subsection (g) the following: 

24 ‘‘(f) NOTICE AND CHARGES.— 


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1 ‘‘(1) NOTICE.—The Secretary of Homeland Se2 curity shall, for each individual detained under this 

3 section— 

4 ‘‘(A) consider whether the individual war5 rants a favorable exercise of prosecutorial dis6 cretion; 

7 ‘‘(B) file a notice to appear or other rel8 evant charging document with the immigration 

9 court closest to the location where the appre10 hension of such individual occurred; and 

11 ‘‘(C) serve such notice on such individual 

12 not later than 48 hours after the commence13 ment of detention. 

14 ‘‘(2) CUSTODY DETERMINATION.—Any indi15 vidual who is detained under this section for more 

16 than 48 hours shall be brought before an immigra17 tion judge for a custody determination not later than 

18 72 hours after the commencement of such detention 

19 unless the individual waives such right in accordance 

20 with paragraph (3). 

21 ‘‘(3) WAIVER.—The requirements under this 

22 subsection may be waived for 7 days if the indi23 vidual— 


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1 ‘‘(A) enters into a written agreement with 

2 the Department of Homeland Security to waive 

3 such requirement; and 

4 ‘‘(B) is eligible for immigration benefits or 

5 demonstrates eligibility for a defense against re6 moval.’’. 

7 (2) APPLICABILITY OF OTHER LAW.—Nothing 

8 in 236(f) of the Immigration and Nationality Act, as 

9 added by paragraph (1), may be construed to repeal 

10 section 236A of such Act (8 U.S.C. 1226a). 

11 SEC. 6. CHILD WELFARE SERVICES FOR CHILDREN SEPA12 RATED FROM PARENTS DETAINED OR RE13 MOVED FROM THE UNITED STATES FOR IM14 MIGRATION VIOLATIONS. 

15 (a) STATE PLAN REQUIREMENTS.—Section 471(a) 

16 of the Social Security Act (42 U.S.C. 671(a)) is amend17 ed— 

18 (1) by striking ‘‘and’’ at the end of paragraph 

19 (32); 

20 (2) by striking the period at the end of para21 graph (33) and inserting ‘‘; and’’; and 

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

23 ‘‘(34) provides that the State shall— 

24 ‘‘(A) create and implement protocols to 

25 provide guidance on how all employees of State 


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1 agencies providing services to children under 

2 the State plan should handle cases of separated 

3 children that take into account the best interest 

4 of the child, including a preference for family 

5 unity whenever appropriate; 

6 ‘‘(B) develop and implement memoranda of 

7 understanding or protocols with Federal, State, 

8 and local government agencies to facilitate com9 munication between such agencies and— 

10 ‘‘(i) each separated child; 

11 ‘‘(ii) a parent, guardian, or relative 

12 referred to in section 475(9)(B); 

13 ‘‘(iii) family members of such child; 

14 ‘‘(iv) family courts; 

15 ‘‘(v) providers of services to such child 

16 under the State plan; 

17 ‘‘(vi) providers of long-term care to 

18 such child; and 

19 ‘‘(vii) legal representatives of such 

20 child or of such a parent, guardian, or rel21 ative; 

22 ‘‘(C) develop and implement joint protocols 

23 and training with law enforcement agencies to 

24 minimize the trauma to a child, at the time of 

25 apprehension of a parent, legal guardian, or 


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1 primary caretaker relative of such child, after 

2 which such child will become a separated child, 

3 including protocols and training for conducting 

4 such apprehensions in the presence of such 

5 child and ensuring appropriate and prompt care 

6 arrangements for such child after apprehension 

7 occurs; 

8 ‘‘(D) ensure that the case manager for a 

9 separated child is capable of communicating in 

10 the native language of such child and of the 

11 family of such child, or an interpreter who is so 

12 capable is provided to communicate with such 

13 child and the family of such child at no cost to 

14 the child or the family of such child; 

15 ‘‘(E) require that, in all decisions and ac16 tions relating to the care, custody, and place17 ment of a separated child, the best interest of 

18 such child, including a preference for family 

19 unity, be considered, and ensure that such deci20 sions are based on clearly articulated factors 

21 that do not include predictions or conclusions 

22 about immigration status or pending Federal 

23 immigration proceedings; 

24 ‘‘(F) coordinate with the Department of 

25 Homeland Security to ensure that parents who 


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1 wish for their child to accompany them to their 

2 country of origin are given adequate time to ob3 tain a passport and visa, collect all relevant 

4 vital documents such as birth certificate, health, 

5 and educational records, and other information; 

6 ‘‘(G) preserve, to the greatest extent pos7 sible, the privacy and confidentiality of all infor8 mation gathered in the course of administering 

9 the care, custody, and placement of, and follow10 up services provided to, a separated child, con11 sistent with the best interest of such child, by 

12 not disclosing such information to other govern13 ment agencies or persons (other than a parent, 

14 guardian, or relative or such child), except that 

15 the head of the State agency may disclose such 

16 information— 

17 ‘‘(i)(I) when authorized to do so by 

18 the child (if the child has attained 18 years 

19 of age) if the disclosure is consistent with 

20 the best interest of the child; or 

21 ‘‘(II) to a law enforcement agency if 

22 the disclosure would prevent imminent and 

23 serious harm to another individual; and 


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1 ‘‘(ii) if such information is shared, all 

2 disclosures shall be duly recorded in writ3 ing and placed in the file of the child; and 

4 ‘‘(H) not less frequently than annually, 

5 compile, update, and publish a list of entities in 

6 the State who are qualified to provide guardian 

7 and legal representation services for a separated 

8 child in a language such child can read and un9 derstand.’’. 

10 (b) ADDITIONAL INFORMATION TO BE INCLUDED IN

11 CASE PLAN.—Section 475(1) of such Act (42 U.S.C. 

12 675(1)) is amended by adding at the end the following: 

13 ‘‘(H) In the case of a separated child with 

14 respect to whom the State plan requires the 

15 State to provide services pursuant to section 

16 471(a)(34)— 

17 ‘‘(i) the location of the parent, guard18 ian, or relative referred to in paragraph 

19 (9)(B) of this subsection from whom the 

20 child has been separated; and 

21 ‘‘(ii) a written record of each disclo22 sure to a government agency or person 

23 (other than such a parent, guardian, or 

24 relative) of information gathered in the 

25 course of tracking the care, custody, and 


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1 placement of, and follow-up services pro2 vided to, the child.’’. 

3 (c) SEPARATED CHILD DEFINED.—Section 475 of 

4 such Act (42 U.S.C. 675) is amended by adding at the 

5 end the following: 

6 ‘‘(9) The term ‘separated child’ means an indi7 vidual who— 

8 ‘‘(A) is a citizen or lawful permanent resi9 dent of, or an alien lawfully present in, the 

10 United States; 

11 ‘‘(B) has a parent, legal guardian, or pri12 mary caregiver relative who has been detained 

13 by a Federal, State, or local law enforcement 

14 agency in the enforcement of an immigration 

15 law, or removed from the United States as a re16 sult of a violation of such a law; and 

17 ‘‘(C) is in foster care under the responsi18 bility of a State.’’. 

19 (d) EFFECTIVE DATE.—The amendments made by 

20 this section shall take effect on the 1st day of the 1st cal21 endar quarter that begins after the 1-year period that be22 gins with the date of the enactment of this Act. 


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1 SEC. 7. REPORT ON PROTECTIONS FOR VULNERABLE POP2 ULATIONS IMPACTED BY IMMIGRATION EN3 FORCEMENT ACTIVITIES. 

4 (a) REQUIREMENT FOR REPORTS.—Not later than 1 

5 year after the date of the enactment of this Act, and annu6 ally thereafter, the Secretary of Homeland Security shall 

7 submit a report to Congress that describes the impact of 

8 immigration enforcement activities and fugitive operations 

9 on United States citizens, lawful permanent residents, in10 dividuals otherwise lawfully present in the United States, 

11 and, where possible, undocumented aliens present in the 

12 United States. 

13 (b) CONTENT.—The report submitted under sub14 section (a) shall include an assessment of— 

15 (1) the number of individuals apprehended dur16 ing immigration enforcement-related activities who 

17 are children, United States citizens, lawful perma18 nent residents, or lawfully present non-citizens; 

19 (2) immigration enforcement-related activities 

20 at homes, schools, school bus stops, day care cen21 ters, colleges, places of worship, hospitals, health 

22 care clinics, funeral homes, cemeteries, victim serv23 ices agencies, social services agencies, head start 

24 centers, recreation centers, legal service providers, 

25 courts, and community centers; 


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1 (3) apprehensions, detentions, and removals of 

2 sole caregivers, primary breadwinners, pregnant and 

3 nursing mothers, and other vulnerable groups during 

4 an immigration enforcement-related activity; 

5 (4) the extent to which the Department of 

6 Homeland Security cooperates and coordinates with 

7 State and local law enforcement during immigration 

8 enforcement-related activities; 

9 (5) the number of immigration enforcement-re10 lated apprehensions resulting from cooperation with 

11 State and local law enforcement; 

12 (6) whether apprehended individuals are pro13 vided access to a telephone; 

14 (7) how quickly apprehended individuals are 

15 provided access to a telephone; 

16 (8) the manner through which family members 

17 of the target population of the immigration enforce18 ment-related activity are notified of the detention of 

19 a family member; 

20 (9) the number of parents, legal guardians, or 

21 primary caregivers of children removed from the 

22 United States; 

23 (10) the number of parents, legal guardians, or 

24 primary caregivers of children removed from the 

25 United States whose children accompany or join; 


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1 (11) the number of parents, legal guardians, or 

2 primary caregivers of children removed from the 

3 United States without their children; 

4 (12) the number of occasions on which both 

5 parents of a particular child are removed from the 

6 United States without such child; 

7 (13) the length of time that parents, legal 

8 guardians, or primary caregivers of children have 

9 been present in the United States prior to removal 

10 from the United Sates; 

11 (14) the number of United States citizen chil12 dren that remain in the United States after the re13 moval of a parent, guardian, or caregiver; 

14 (15) the number of apprehended individuals 

15 who are determined to be part of a vulnerable popu16 lation released within the time limit specified under 

17 section 4(c); 

18 (16) the length of time between when an indi19 vidual is determined to be part of a vulnerable popu20 lation and when that individual is released under 

21 section 4(c); 

22 (17) the methodology of the Department of 

23 Homeland Security for notifying agents and entities 

24 under agreement with the Department of Homeland 

25 Security about standards regarding enforcement acVerDate Mar 15 2010 04:24 Jul 22, 2011 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2607.IH H2607

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1 tions concerning vulnerable populations and holding 

2 such agents and entities accountable when such 

3 standards are violated; 

4 (18) the number of officials of the Department 

5 of Homeland Security disciplined for violations dur6 ing apprehensions and in making detention deci7 sions; 

8 (19) transfers of immigrants during the course 

9 of an immigration enforcement activity, including 

10 whether such immigrants— 

11 (A) had access to legal counsel before 

12 being transferred; 

13 (B) received notice of an impending trans14 fer; and 

15 (C) were evaluated for vulnerability under 

16 section 3(b)(9) before being transferred; 

17 (20) apprehension procedures for immigration 

18 enforcement-related activities, and compliance with 

19 screening procedures for vulnerable populations; 

20 (21) recommendations for improving immigra21 tion enforcement-related activities and fugitive oper22 ations by reducing the negative impact on children 

23 and vulnerable populations; and 

24 (22) alternatives to detention programs, includ25 ing the types of programs used, number of individVerDate Mar 15 2010 04:24 Jul 22, 2011 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2607.IH H2607

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1 uals placed in such programs, reasons for not plac2 ing immigrants that qualify as a member of a vul3 nerable population as defined in section 4(b) in such 

4 programs, percentage of cases in which adjustment 

5 of immigration status is granted, percentage of cases 

6 in which removal is undertaken, and frequency of 

7 absconding. 

8 SEC. 8. VULNERABLE POPULATION AND CHILD WELFARE 

9 TRAINING FOR IMMIGRATION ENFORCEMENT 

10 OFFICERS. 

11 (a) MANDATORY TRAINING.— 

12 (1) IN GENERAL.—The Secretary of Homeland 

13 Security, in consultation with the Secretary of 

14 Health and Human Services and independent child 

15 welfare experts, shall mandate live specialized train16 ing in all legal authorities, policies, and procedures 

17 pertaining to the humanitarian and due process pro18 tections for these vulnerable populations for all Fed19 eral personnel, relevant personnel employed by 

20 States reimbursed for activities related to care and 

21 services for separated children, and State and local 

22 personnel and SSA personnel who come into contact 

23 with vulnerable populations as defined in section 

24 3(b). 


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1 (2) VULNERABLE POPULATIONS.—The per2 sonnel listed in paragraph (1) shall be trained to 

3 work with vulnerable populations, including identi4 fying members of such populations for whom asylum 

5 or special juvenile immigrant relief may be appro6 priate. 

7 (3) BEST PRACTICES.—Participants will be re8 quired to undertake periodic and continuing training 

9 on best practices and changes in the law, policies, 

10 and procedures for these vulnerable populations. 

11 (b) MEMORANDA OF UNDERSTANDING.—The Sec12 retary of Homeland Security shall require all law enforce13 ment agencies under agreement with the Department of 

14 Homeland Security to establish Memoranda of Under15 standing with SSAs with respect to the availability of serv16 ices, as well as the best ways to cooperate and facilitate 

17 ongoing communication as it pertains to the humanitarian 

18 and due process protections for vulnerable populations as 

19 defined in section 4(b). 

20 SEC. 9. ACCESS FOR PARENTS, LEGAL GUARDIANS, AND, 

21 PRIMARY CAREGIVER RELATIVES. 

22 (a) IN GENERAL.—The Secretary of the Department 

23 of Homeland Security shall ensure that all detention facili24 ties operated by or under agreement with the Department 

25 take steps to ensure that the best interest of the child, 


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1 including a preference for family unity whenever appro2 priate, can be considered in decisions and actions relating 

3 to the custody of children whose parent, legal guardian, 

4 or primary caregiver relative is detained by reason of im5 migration status. 

6 (b) TRAINING.—The Secretary of Homeland Secu7 rity, in consultation with the Department of Health and 

8 Human Services, the Department of Justice, the Depart9 ment of State, and independent family law experts, shall 

10 mandate live, specialized training of all personnel at deten11 tion facilities operated by the Department of Homeland 

12 Security or under agreement with the Department of 

13 Homeland Security in all legal authorities, policies, and 

14 procedures related to ensuring that parents, legal guard15 ians, and primary caregiver relatives of children have reg16 ular, ongoing and in-person access to children, State fam17 ily courts, consular officers, and staff of State social serv18 ice agencies responsible for administering child welfare 

19 programs. Such personnel shall be required to undertake 

20 periodic and continuing training on best practices and 

21 changes in relevant law, policies, and procedures per22 taining to the preservation of family unity. 

23 (c) ACCESS TO CHILDREN, LOCAL AND STATE

24 COURTS, CHILD PROTECTIVE SERVICES, AND CONSULAR

25 OFFICIALS.—The Secretary of Homeland Security— 


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1 (1) shall ensure that detained parents, legal 

2 guardians, and primary caregiver relatives of chil3 dren under 18 years of age— 

4 (A) are granted free and confidential 

5 phone calls with their children on a daily basis; 

6 (B) are permitted regular contact visits 

7 with their children; 

8 (C) are able to participate fully, and to the 

9 extent possible in-person, in all family court 

10 proceedings and any other proceeding impacting 

11 upon custody of their children; 

12 (D) are able to fully participate in and 

13 comply with all family court and child welfare 

14 agency orders impacting upon custody of their 

15 children; 

16 (E) have regular, on-site access to reunifi17 cation programming including parenting class18 es; 

19 (F) are provided with contact information 

20 for child protective services entities and family 

21 courts in all fifty States, the District of Colum22 bia, all United States territories, and are grant23 ed free, confidential, and unlimited telephone 

24 access to child protective services entities and 

25 family courts to report child abuse, abandonVerDate Mar 15 2010 04:24 Jul 22, 2011 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2607.IH H2607

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1 ment, or neglect as often as is necessary to en2 sure that the best interests of the child, includ3 ing a preference for family unity where appro4 priate, can be considered; 

5 (G) are granted regular, confidential and 

6 in-person access to consular officials; free, un7 limited, confidential phone calls to consular offi8 cials; and access to United States passport ap9 plications for the purpose of obtaining travel 

10 documents for their children; and 

11 (H) who wish to take their children with 

12 them to their country of origin are granted ade13 quate time prior to being removed to obtain a 

14 birth certificate and a passport and other rel15 evant documents necessary for children to ac16 company them on their return to their country 

17 of origin or join them in their country of origin; 

18 and 

19 (2) shall facilitate the ability of detained par20 ents, legal guardians, and primary caregiver relatives 

21 to reunify with their children under 18 years of age 

22 at the time of removal to their country of origin, in23 cluding providing information about the travel ar24 rangements of the detained parent, legal guardian, 


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1 or primary caregiver relative to State social service 

2 agencies or other caregivers. 

3 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as may be necessary to carry out this Act. 

6 SEC. 11. REGULATIONS. 

7 Not later than 6 months after the date of the enact8 ment of this Act, the Secretary shall promulgate regula9 tions to implement this Act, in accordance with the notice 

10 and comment requirements under subchapter II of chapter 

11 5 of title 5, United States Code (commonly referred to 

12 as the Administrative Procedure Act). 

Æ 


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