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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2607 Introduced in House (IH)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Humane Enforcement and Legal 
Protections for Separated Children Act'' or the ``HELP Separated 
Children Act''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act:
            (1) Apprehension.--The term ``apprehension'', in the 
        context of an immigration enforcement-related activity, means 
        government detention, arrest, or custody, or any significant 
        deprivation of an individual's freedom of action by government 
        officials or entities acting under agreement with the 
        Department of Homeland Security for suspicion of violations 
        under the Immigration and Nationality Act (8 U.S.C. 1101 et 
        seq.).
            (2) Immigration enforcement-related activity.--The term 
        ``immigration enforcement-related activity'' means the 
        questioning of, apprehension of, detention of, or request for 
        or issuance of a detainer for one or more individuals for 
        suspected or confirmed violations of the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.) by the Department of 
        Homeland Security or cooperating entities.
            (3) SSA.--The term ``SSA'' means the appropriate State or 
        local social service agency, including nongovernmental 
        organizations, child welfare agencies, child protective service 
        agencies, school and head start administrators, legal service 
        providers, and hospitals.

SEC. 3. APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT-RELATED 
              ACTIVITIES.

    (a) In General.--Any immigration enforcement-related activity 
engaged in by the Department of Homeland Security or by other entities 
under agreement with the Department of Homeland Security for alleged 
violations under the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.), which results in the apprehension of at least one alien shall be 
carried out in accordance with the procedures described in this 
section.
    (b) Apprehension Procedures.--The Secretary of Homeland Security 
and entities under agreement with the Department of Homeland Security 
shall--
            (1) conduct an initial review of each individual 
        apprehended in an immigration enforcement-related activity to 
        ascertain whether such individual may be a United States 
        citizen, a lawful permanent resident of the United States, or 
        an alien lawfully present in the United States;
            (2) if an individual claims to be a United States citizen, 
        a lawful permanent resident of the United States, or an alien 
        lawfully present in the United States, ensure that personnel of 
        the Department of Homeland Security investigate the 
        individual's claims and consider the individual for release 
        under section 4(c);
            (3) notify SSAs of immigration enforcement-related activity 
        not later than 24 hours before the commencement of such 
        activity, specifically notifying the SSAs of--
                    (A) the specific area of the State that will be 
                affected; and
                    (B) the languages that may be spoken by individuals 
                at the targeted site;
            (4) if such immigration enforcement-related activities 
        cannot be planned more than 24 hours in advance, notify SSAs in 
        a timely fashion before the activity commences or, if advance 
        notification is not possible, immediately following the 
        commencement of such activity;
            (5) provide licensed social workers or case managers 
        employed or contracted by the SSAs with ongoing confidential 
        access to each individual apprehended by the Department of 
        Homeland Security or any entity operating under agreement with 
        the Department of Homeland Security within six hours of the 
        individual's apprehension--
                    (A) to determine through screening and interviewing 
                if such individual is a member of a vulnerable 
                population as described in section 4(b) or for other 
                humanitarian concerns; and
                    (B) to offer confidential psychosocial and mental 
                health services to children and family members of such 
                individual at the time of apprehension;
            (6) notify local law enforcement of the specific area of 
        the State that will be affected by such immigration 
        enforcement-related activity not later than 24 hours before the 
        commencement of such activity or, if such immigration 
        enforcement-related activity cannot be planned more than 24 
        hours in advance, notify local law enforcement in a timely 
        fashion before such activity commences, or if advance 
        notification is not possible, immediately following the 
        commencement of such activity;
            (7) coordinate with qualified medical personnel within six 
        hours of the apprehension of an individual to--
                    (A) conduct medical screenings of such individual; 
                and
                    (B) identify and report any medical or other issues 
                that might necessitate release as a member of a 
                vulnerable population;
            (8) require personnel of the Department of Homeland 
        Security and any entity operating under agreement with the 
        Department of Homeland Security to avoid the apprehension of 
        persons on the premises or in the immediate vicinity of day 
        care centers, head start centers, schools, school bus stops, 
        recreation centers, legal service providers, courts, funeral 
        homes, cemeteries, colleges, victim services agencies, social 
        service agencies, hospitals, health care clinics, community 
        centers, and places of worship;
            (9) before transferring any individual apprehended by the 
        Department of Homeland Security or any entity operating under 
        agreement with the Department of Homeland Security to a 
        detention facility or outside the region where apprehension 
        took place--
                    (A) determine, based on all information available 
                to the Department of Homeland Security, entities 
                operating under agreement with the Department of 
                Homeland Security, and the recommendations made by SSAs 
                and medical personnel, whether such individual is a 
                member of a vulnerable population as described in 
                section 4(b) or should be released in accordance with 
                section 4(c); and
                    (B) ensure that such individual is not transferred 
                from his or her initial detention facility or to the 
                custody of the Secretary of Homeland Security until 
                such individual--
                            (i) has made arrangements for the care of 
                        the individual's children or wards; or
                            (ii) if such arrangements are impossible, 
                        is informed of the care arrangements made for 
                        such children and a means to maintain 
                        communication with such children;
            (10) provide and advertise in the mainstream and foreign 
        language media and on the Web site of the Department of 
        Homeland Security a toll-free number through which family 
        members of individuals apprehended as a result of an 
        immigration enforcement-related activity may report information 
        relevant to the release of such individuals, including whether 
        such individuals are members of a vulnerable population, which 
        will be conveyed to the appropriate Department of Homeland 
        Security official and applicable SSA, and through which State 
        child welfare service providers, family members, and legal 
        counsel representing individuals who are apprehended may obtain 
        information about such individuals, including their location, 
        in English and in the majority language of such individuals;
            (11) if there is reason to believe that an individual who 
        is apprehended is a parent, legal guardian, or primary 
        caregiver relative of a dependent child in the United States, 
        provide such parent, legal guardian, or primary caregiver 
        relative with--
                    (A) confidential and toll-free telephone calls to 
                arrange for care of dependent children within 2 hours 
                of screening;
                    (B) information, including contact details, for 
                legal service providers that can offer free legal 
                advice regarding child welfare and custody 
                determinations; and
                    (C) information, including contact information, on 
                multiple State and local child welfare providers;
            (12) ensure that personnel of the Department of Homeland 
        Security and of entities operating under agreement with the 
        Department do not--
                    (A) interrogate or screen individuals in the 
                immediate presence of children;
                    (B) interrogate, arrest, or detain any child 
                apprehended with his or her parent or parents without 
                the presence or consent of a parent, family member, 
                legal guardian, or legal counsel; or
                    (C) compel or request children to translate for 
                other individuals who are encountered as part of an 
                immigration enforcement-related activity;
            (13) provide all Department of Homeland Security personnel, 
        personnel from entities under agreement with the Department of 
        Homeland Security participating SSAs, and medical personnel 
        with detailed instructions on what steps to take if they 
        encounter individuals who are a member of a vulnerable 
        population;
            (14) ensure that the best interests of children are 
        considered in decisions and actions relating to the detention, 
        transfer, or release of any individual apprehended by the 
        Department of Homeland Security, and that there be a preference 
        for family unity whenever appropriate;
            (15) ensure that not fewer than one independent certified 
        interpreter who is fluent in Spanish or any language other than 
        English spoken by more than 5 percent of the population 
        targeted by an immigration enforcement-related activity is 
        available for in-person translation for every 5 individuals 
        targeted by an immigration enforcement-related activity, and 
        that the Department of Homeland Security and entities operating 
        under agreement with the Department of Homeland Security 
        utilize appropriate translation services where interpreters 
        cannot or have not been retained prior to commencement of an 
        immigration enforcement-related activity;
            (16) permit nonprofit legal service providers to offer free 
        legal services to individuals subject to an immigration 
        enforcement-related activity at the time of the apprehension of 
        such individuals; and
            (17) provide a legal orientation presentation for any 
        individual apprehended through an immigration enforcement-
        related activity through the Legal Orientation Program 
        administered by the Executive Office for Immigration Review.
    (c) Nondisclosure and Retention of Information About Apprehended 
Individuals and Their Children.--
            (1) In general.--Information collected by child welfare 
        agencies and nongovernmental organizations in the course of the 
        screenings and interviews described in subsection (b)(5) may 
        not be disclosed to Federal, State, or local government 
        entities or to any person, except pursuant to written 
        authorization from the individual or his or her legal counsel.
            (2) Child welfare agency or nongovernmental organization 
        recommendation.--Notwithstanding paragraph (1), a child welfare 
        agency or nongovernmental organization may--
                    (A) submit a recommendation to the Secretary of the 
                Department of Homeland Security or a cooperating entity 
                regarding whether an apprehended individual is a 
                parent, legal guardian, or primary caregiver relative 
                who is eligible for the protections provided under this 
                Act; and
                    (B) disclose information that is necessary to 
                protect the safety of the child, to allow for the 
                application of paragraphs (9)(B) and (14) of subsection 
                (b), or to prevent reasonably certain death or 
                substantial bodily harm.

SEC. 4. BASIC PROTECTIONS FOR VULNERABLE POPULATIONS.

    (a) In General.--Not later than 48 hours after the commencement of 
an immigration enforcement-related activity, the Department of Homeland 
Security shall, based on all information available to the Department of 
Homeland Security, entities operating under agreement with the 
Department of Homeland Security, and the recommendations made by SSAs 
and medical personnel, determine if each individual apprehended through 
such activity belongs to any of the groups listed in subsection (b). 
Information regarding vulnerable groups and eligibility for potential 
release shall be posted prominently in detention facilities where 
detainees and visitors can access the information and shall be included 
in the detainee handbook.
    (b) Vulnerable Population Groups.--An individual is eligible for 
release under subsection (c), or a decision not to detain, if the 
individual belongs to any of the following groups:
            (1) Individuals who have serious medical or mental health 
        needs or a disability.
            (2) Pregnant or nursing women.
            (3) Individuals who are apprehended with one or more of 
        their children, and their children.
            (4) Sole custodial parents or sole legal guardians of 
        children, or individuals who have family members who are ill or 
        otherwise require the assistance of a caregiver.
            (5) Children (as defined by section 101(b)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(b)(1))).
            (6) Individuals who are over 65 years of age.
            (7) Victims of abuse, violence, crime, or human 
        trafficking.
            (8) Individuals who have been referred for a credible fear 
        interview, a reasonable fear interview, or an asylum hearing.
            (9) Individuals who have applied or intend to apply for 
        asylum, withholding of removal, or protection under the 
        Convention Against Torture and Other Cruel, Inhuman or 
        Degrading Treatment or Punishment, done at New York on December 
        10, 1984.
            (10) Individuals who have a non-frivolous claim to United 
        States citizenship, lawful permanent resident status, or lawful 
        status in the United States.
            (11) Individuals who are eligible for relief under any 
        provision of the Immigration and Nationality Act (8 U.S.C. 1101 
        et seq.).
            (12) Any other group designated in regulations or guidance 
        promulgated by the Secretary of Homeland Security.
    (c) Eligibility for Release.--
            (1) In general.--Not later than 72 hours after the 
        apprehension of an individual described in subsection (b) by 
        the Department of Homeland Security or any entities operating 
        under agreement with the Department of Homeland Security, he or 
        she shall be released on his or her own recognizance, parole, 
        on a reasonable bond, or into a community-based non-custodial 
        alternatives to detention program and shall not be subject to 
        electronic monitoring, unless the Department demonstrates--
                    (A) the alien is subject to mandatory detention 
                under section 235(b)(1)(B)(iii)(IV), 236(c), or 236A of 
                the Immigration and Nationality Act (8 U.S.C. 
                1225(1)(B)(iii)(IV), 1226(c), or 1226a);
                    (B) the alien poses a danger to others or is a risk 
                to national security; or
                    (C) the alien is a flight risk and any risk of 
                flight cannot be mitigated by supervision or bond.
            (2) Alternatives to detention.--If an alien is determined 
        not to meet the requirements for release on recognizance, bond, 
        or parole, or subsequently does not meet the requirements for 
        non-custodial alternatives to detention programs, the alien may 
        be considered for placement in alternatives to detention 
        programs that maintain custody over the alien, including 
        programs that use electronic ankle devices or heightened 
        supervision and monitoring procedures. The Secretary of 
        Homeland Security shall make an individualized determination in 
        each alien's case about the use of electronic monitoring and 
        shall review such determination on a monthly basis. Aliens who 
        would otherwise be subject to detention including under section 
        236(c) of the Immigration and Nationality Act (8 U.S.C. 
        1226(c)) may be placed in electronic monitoring or other secure 
        custodial alternatives to detention that maintain custody over 
        the alien.
            (3) Written decision.--Each decision made under this 
        subsection shall specify in writing the reasons for such 
        decision and be served upon the detained individual in his or 
        her native language not later than 72 hours after the start of 
        detention, or, in the case of an individual subject to section 
        235, 238, or 241(a)(5) of the Immigration and Nationality Act, 
        not later than 72 hours after a positive credible or reasonable 
        fear determination. Each decision made under this section is 
        subject to redetermination at any time by an immigration judge.

SEC. 5. CUSTODY DETERMINATION.

    (a) Amendment.--Section 236 of the Immigration and Nationality Act 
(8 U.S.C. 1226) is amended--
            (1) by redesignating subsection (e) as subsection (h);
            (2) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively; and
            (3) by inserting before subsection (h), as redesignated, 
        the following:
    ``(g) Right To Access Counsel.--An individual who has been detained 
under this section may be represented, at no expense to the Federal 
Government, by counsel of the individual's choosing while being subject 
to any immigration enforcement-related activity, including--
            ``(1) interviews;
            ``(2) processing appointments;
            ``(3) booking or intake questions;
            ``(4) hearings; and
            ``(5) any proceeding which may result in a conclusion that 
        the individual will be detained or removed from the United 
        States.''.
    (b) Notice.--
            (1) Amendment.--Section 236 of the Immigration and 
        Nationality Act, as amended by subsection (a), is further 
        amended by inserting before subsection (g) the following:
    ``(f) Notice and Charges.--
            ``(1) Notice.--The Secretary of Homeland Security shall, 
        for each individual detained under this section--
                    ``(A) consider whether the individual warrants a 
                favorable exercise of prosecutorial discretion;
                    ``(B) file a notice to appear or other relevant 
                charging document with the immigration court closest to 
                the location where the apprehension of such individual 
                occurred; and
                    ``(C) serve such notice on such individual not 
                later than 48 hours after the commencement of 
                detention.
            ``(2) Custody determination.--Any individual who is 
        detained under this section for more than 48 hours shall be 
        brought before an immigration judge for a custody determination 
        not later than 72 hours after the commencement of such 
        detention unless the individual waives such right in accordance 
        with paragraph (3).
            ``(3) Waiver.--The requirements under this subsection may 
        be waived for 7 days if the individual--
                    ``(A) enters into a written agreement with the 
                Department of Homeland Security to waive such 
                requirement; and
                    ``(B) is eligible for immigration benefits or 
                demonstrates eligibility for a defense against 
                removal.''.
            (2) Applicability of other law.--Nothing in 236(f) of the 
        Immigration and Nationality Act, as added by paragraph (1), may 
        be construed to repeal section 236A of such Act (8 U.S.C. 
        1226a).

SEC. 6. CHILD WELFARE SERVICES FOR CHILDREN SEPARATED FROM PARENTS 
              DETAINED OR REMOVED FROM THE UNITED STATES FOR 
              IMMIGRATION VIOLATIONS.

    (a) State Plan Requirements.--Section 471(a) of the Social Security 
Act (42 U.S.C. 671(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (32);
            (2) by striking the period at the end of paragraph (33) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(34) provides that the State shall--
                    ``(A) create and implement protocols to provide 
                guidance on how all employees of State agencies 
                providing services to children under the State plan 
                should handle cases of separated children that take 
                into account the best interest of the child, including 
                a preference for family unity whenever appropriate;
                    ``(B) develop and implement memoranda of 
                understanding or protocols with Federal, State, and 
                local government agencies to facilitate communication 
                between such agencies and--
                            ``(i) each separated child;
                            ``(ii) a parent, guardian, or relative 
                        referred to in section 475(9)(B);
                            ``(iii) family members of such child;
                            ``(iv) family courts;
                            ``(v) providers of services to such child 
                        under the State plan;
                            ``(vi) providers of long-term care to such 
                        child; and
                            ``(vii) legal representatives of such child 
                        or of such a parent, guardian, or relative;
                    ``(C) develop and implement joint protocols and 
                training with law enforcement agencies to minimize the 
                trauma to a child, at the time of apprehension of a 
                parent, legal guardian, or primary caretaker relative 
                of such child, after which such child will become a 
                separated child, including protocols and training for 
                conducting such apprehensions in the presence of such 
                child and ensuring appropriate and prompt care 
                arrangements for such child after apprehension occurs;
                    ``(D) ensure that the case manager for a separated 
                child is capable of communicating in the native 
                language of such child and of the family of such child, 
                or an interpreter who is so capable is provided to 
                communicate with such child and the family of such 
                child at no cost to the child or the family of such 
                child;
                    ``(E) require that, in all decisions and actions 
                relating to the care, custody, and placement of a 
                separated child, the best interest of such child, 
                including a preference for family unity, be considered, 
                and ensure that such decisions are based on clearly 
                articulated factors that do not include predictions or 
                conclusions about immigration status or pending Federal 
                immigration proceedings;
                    ``(F) coordinate with the Department of Homeland 
                Security to ensure that parents who wish for their 
                child to accompany them to their country of origin are 
                given adequate time to obtain a passport and visa, 
                collect all relevant vital documents such as birth 
                certificate, health, and educational records, and other 
                information;
                    ``(G) preserve, to the greatest extent possible, 
                the privacy and confidentiality of all information 
                gathered in the course of administering the care, 
                custody, and placement of, and follow-up services 
                provided to, a separated child, consistent with the 
                best interest of such child, by not disclosing such 
                information to other government agencies or persons 
                (other than a parent, guardian, or relative or such 
                child), except that the head of the State agency may 
                disclose such information--
                            ``(i)(I) when authorized to do so by the 
                        child (if the child has attained 18 years of 
                        age) if the disclosure is consistent with the 
                        best interest of the child; or
                            ``(II) to a law enforcement agency if the 
                        disclosure would prevent imminent and serious 
                        harm to another individual; and
                            ``(ii) if such information is shared, all 
                        disclosures shall be duly recorded in writing 
                        and placed in the file of the child; and
                    ``(H) not less frequently than annually, compile, 
                update, and publish a list of entities in the State who 
                are qualified to provide guardian and legal 
                representation services for a separated child in a 
                language such child can read and understand.''.
    (b) Additional Information To Be Included in Case Plan.--Section 
475(1) of such Act (42 U.S.C. 675(1)) is amended by adding at the end 
the following:
                    ``(H) In the case of a separated child with respect 
                to whom the State plan requires the State to provide 
                services pursuant to section 471(a)(34)--
                            ``(i) the location of the parent, guardian, 
                        or relative referred to in paragraph (9)(B) of 
                        this subsection from whom the child has been 
                        separated; and
                            ``(ii) a written record of each disclosure 
                        to a government agency or person (other than 
                        such a parent, guardian, or relative) of 
                        information gathered in the course of tracking 
                        the care, custody, and placement of, and 
                        follow-up services provided to, the child.''.
    (c) Separated Child Defined.--Section 475 of such Act (42 U.S.C. 
675) is amended by adding at the end the following:
            ``(9) The term `separated child' means an individual who--
                    ``(A) is a citizen or lawful permanent resident of, 
                or an alien lawfully present in, the United States;
                    ``(B) has a parent, legal guardian, or primary 
                caregiver relative who has been detained by a Federal, 
                State, or local law enforcement agency in the 
                enforcement of an immigration law, or removed from the 
                United States as a result of a violation of such a law; 
                and
                    ``(C) is in foster care under the responsibility of 
                a State.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the 1st day of the 1st calendar quarter that begins after the 
1-year period that begins with the date of the enactment of this Act.

SEC. 7. REPORT ON PROTECTIONS FOR VULNERABLE POPULATIONS IMPACTED BY 
              IMMIGRATION ENFORCEMENT ACTIVITIES.

    (a) Requirement for Reports.--Not later than 1 year after the date 
of the enactment of this Act, and annually thereafter, the Secretary of 
Homeland Security shall submit a report to Congress that describes the 
impact of immigration enforcement activities and fugitive operations on 
United States citizens, lawful permanent residents, individuals 
otherwise lawfully present in the United States, and, where possible, 
undocumented aliens present in the United States.
    (b) Content.--The report submitted under subsection (a) shall 
include an assessment of--
            (1) the number of individuals apprehended during 
        immigration enforcement-related activities who are children, 
        United States citizens, lawful permanent residents, or lawfully 
        present non-citizens;
            (2) immigration enforcement-related activities at homes, 
        schools, school bus stops, day care centers, colleges, places 
        of worship, hospitals, health care clinics, funeral homes, 
        cemeteries, victim services agencies, social services agencies, 
        head start centers, recreation centers, legal service 
        providers, courts, and community centers;
            (3) apprehensions, detentions, and removals of sole 
        caregivers, primary breadwinners, pregnant and nursing mothers, 
        and other vulnerable groups during an immigration enforcement-
        related activity;
            (4) the extent to which the Department of Homeland Security 
        cooperates and coordinates with State and local law enforcement 
        during immigration enforcement-related activities;
            (5) the number of immigration enforcement-related 
        apprehensions resulting from cooperation with State and local 
        law enforcement;
            (6) whether apprehended individuals are provided access to 
        a telephone;
            (7) how quickly apprehended individuals are provided access 
        to a telephone;
            (8) the manner through which family members of the target 
        population of the immigration enforcement-related activity are 
        notified of the detention of a family member;
            (9) the number of parents, legal guardians, or primary 
        caregivers of children removed from the United States;
            (10) the number of parents, legal guardians, or primary 
        caregivers of children removed from the United States whose 
        children accompany or join;
            (11) the number of parents, legal guardians, or primary 
        caregivers of children removed from the United States without 
        their children;
            (12) the number of occasions on which both parents of a 
        particular child are removed from the United States without 
        such child;
            (13) the length of time that parents, legal guardians, or 
        primary caregivers of children have been present in the United 
        States prior to removal from the United Sates;
            (14) the number of United States citizen children that 
        remain in the United States after the removal of a parent, 
        guardian, or caregiver;
            (15) the number of apprehended individuals who are 
        determined to be part of a vulnerable population released 
        within the time limit specified under section 4(c);
            (16) the length of time between when an individual is 
        determined to be part of a vulnerable population and when that 
        individual is released under section 4(c);
            (17) the methodology of the Department of Homeland Security 
        for notifying agents and entities under agreement with the 
        Department of Homeland Security about standards regarding 
        enforcement actions concerning vulnerable populations and 
        holding such agents and entities accountable when such 
        standards are violated;
            (18) the number of officials of the Department of Homeland 
        Security disciplined for violations during apprehensions and in 
        making detention decisions;
            (19) transfers of immigrants during the course of an 
        immigration enforcement activity, including whether such 
        immigrants--
                    (A) had access to legal counsel before being 
                transferred;
                    (B) received notice of an impending transfer; and
                    (C) were evaluated for vulnerability under section 
                3(b)(9) before being transferred;
            (20) apprehension procedures for immigration enforcement-
        related activities, and compliance with screening procedures 
        for vulnerable populations;
            (21) recommendations for improving immigration enforcement-
        related activities and fugitive operations by reducing the 
        negative impact on children and vulnerable populations; and
            (22) alternatives to detention programs, including the 
        types of programs used, number of individuals placed in such 
        programs, reasons for not placing immigrants that qualify as a 
        member of a vulnerable population as defined in section 4(b) in 
        such programs, percentage of cases in which adjustment of 
        immigration status is granted, percentage of cases in which 
        removal is undertaken, and frequency of absconding.

SEC. 8. VULNERABLE POPULATION AND CHILD WELFARE TRAINING FOR 
              IMMIGRATION ENFORCEMENT OFFICERS.

    (a) Mandatory Training.--
            (1) In general.--The Secretary of Homeland Security, in 
        consultation with the Secretary of Health and Human Services 
        and independent child welfare experts, shall mandate live 
        specialized training in all legal authorities, policies, and 
        procedures pertaining to the humanitarian and due process 
        protections for these vulnerable populations for all Federal 
        personnel, relevant personnel employed by States reimbursed for 
        activities related to care and services for separated children, 
        and State and local personnel and SSA personnel who come into 
        contact with vulnerable populations as defined in section 3(b).
            (2) Vulnerable populations.--The personnel listed in 
        paragraph (1) shall be trained to work with vulnerable 
        populations, including identifying members of such populations 
        for whom asylum or special juvenile immigrant relief may be 
        appropriate.
            (3) Best practices.--Participants will be required to 
        undertake periodic and continuing training on best practices 
        and changes in the law, policies, and procedures for these 
        vulnerable populations.
    (b) Memoranda of Understanding.--The Secretary of Homeland Security 
shall require all law enforcement agencies under agreement with the 
Department of Homeland Security to establish Memoranda of Understanding 
with SSAs with respect to the availability of services, as well as the 
best ways to cooperate and facilitate ongoing communication as it 
pertains to the humanitarian and due process protections for vulnerable 
populations as defined in section 4(b).

SEC. 9. ACCESS FOR PARENTS, LEGAL GUARDIANS, AND, PRIMARY CAREGIVER 
              RELATIVES.

    (a) In General.--The Secretary of the Department of Homeland 
Security shall ensure that all detention facilities operated by or 
under agreement with the Department take steps to ensure that the best 
interest of the child, including a preference for family unity whenever 
appropriate, can be considered in decisions and actions relating to the 
custody of children whose parent, legal guardian, or primary caregiver 
relative is detained by reason of immigration status.
    (b) Training.--The Secretary of Homeland Security, in consultation 
with the Department of Health and Human Services, the Department of 
Justice, the Department of State, and independent family law experts, 
shall mandate live, specialized training of all personnel at detention 
facilities operated by the Department of Homeland Security or under 
agreement with the Department of Homeland Security in all legal 
authorities, policies, and procedures related to ensuring that parents, 
legal guardians, and primary caregiver relatives of children have 
regular, ongoing and in-person access to children, State family courts, 
consular officers, and staff of State social service agencies 
responsible for administering child welfare programs. Such personnel 
shall be required to undertake periodic and continuing training on best 
practices and changes in relevant law, policies, and procedures 
pertaining to the preservation of family unity.
    (c) Access to Children, Local and State Courts, Child Protective 
Services, and Consular Officials.--The Secretary of Homeland Security--
            (1) shall ensure that detained parents, legal guardians, 
        and primary caregiver relatives of children under 18 years of 
        age--
                    (A) are granted free and confidential phone calls 
                with their children on a daily basis;
                    (B) are permitted regular contact visits with their 
                children;
                    (C) are able to participate fully, and to the 
                extent possible in-person, in all family court 
                proceedings and any other proceeding impacting upon 
                custody of their children;
                    (D) are able to fully participate in and comply 
                with all family court and child welfare agency orders 
                impacting upon custody of their children;
                    (E) have regular, on-site access to reunification 
                programming including parenting classes;
                    (F) are provided with contact information for child 
                protective services entities and family courts in all 
                fifty States, the District of Columbia, all United 
                States territories, and are granted free, confidential, 
                and unlimited telephone access to child protective 
                services entities and family courts to report child 
                abuse, abandonment, or neglect as often as is necessary 
                to ensure that the best interests of the child, 
                including a preference for family unity where 
                appropriate, can be considered;
                    (G) are granted regular, confidential and in-person 
                access to consular officials; free, unlimited, 
                confidential phone calls to consular officials; and 
                access to United States passport applications for the 
                purpose of obtaining travel documents for their 
                children; and
                    (H) who wish to take their children with them to 
                their country of origin are granted adequate time prior 
                to being removed to obtain a birth certificate and a 
                passport and other relevant documents necessary for 
                children to accompany them on their return to their 
                country of origin or join them in their country of 
                origin; and
            (2) shall facilitate the ability of detained parents, legal 
        guardians, and primary caregiver relatives to reunify with 
        their children under 18 years of age at the time of removal to 
        their country of origin, including providing information about 
        the travel arrangements of the detained parent, legal guardian, 
        or primary caregiver relative to State social service agencies 
        or other caregivers.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.

SEC. 11. REGULATIONS.

    Not later than 6 months after the date of the enactment of this 
Act, the Secretary shall promulgate regulations to implement this Act, 
in accordance with the notice and comment requirements under subchapter 
II of chapter 5 of title 5, United States Code (commonly referred to as 
the Administrative Procedure Act).
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