I 

111TH CONGRESS 

1ST SESSION H. R. 3531 

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

United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 31, 2009 

Ms. WOOLSEY (for herself, Ms. CLARKE, Ms. KILPATRICK of Michigan, Mr. 

HONDA, Ms. ROYBAL-ALLARD, and Mr. POLIS of Colorado) 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 any government action or ac13 tion carried out by an entity under agreement with 

14 the government in which— 

15 (A) an individual suspected of an immigra16 tion violation is apprehended for such violation; 

17 or 

18 (B) an individual who has been detained 

19 on criminal charges is questioned about possible 

20 immigration violations. 

21 (3) SSA.—The term ‘‘SSA’’ means the appro22 priate State or local social service agency, including 

23 relevant nongovernmental organizations, child wel24 fare agencies, child protective service agencies, 


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1 school and head start administrators, legal service 

2 providers, and hospitals. 

3 SEC. 3. APPREHENSION PROCEDURES FOR IMMIGRATION 

4 ENFORCEMENT-RELATED ACTIVITIES. 

5 (a) IN GENERAL.—Any immigration enforcement-re6 lated activity engaged in by the Department of Homeland 

7 Security or by other entities under agreement with the De8 partment of Homeland Security for alleged violations 

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

10 1101 et seq.), which results in the apprehension of at least 

11 1 alien shall be carried out in accordance with the proce12 dures described in this section. 

13 (b) APPREHENSION PROCEDURES.—The Department 

14 of Homeland Security and entities under agreement with 

15 the Department of Homeland Security shall— 

16 (1) conduct an initial review of each individual 

17 apprehended in an immigration enforcement-related 

18 activity to ascertain whether such individual may be 

19 a United States citizen, a lawful permanent resident 

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

21 the United States; 

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

23 citizen, a lawful permanent resident of the United 

24 States, or an alien lawfully present in the United 

25 States, ensure that personnel of the Department of 


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1 Homeland Security or personnel under agreement 

2 with the Department of Homeland Security inves3 tigates the individual’s claims and considers the indi4 vidual for release under section 4(c); 

5 (3) notify SSAs of such immigration enforce6 ment-related activity not later than 24 hours before 

7 the commencement of such activity, specifically noti8 fying the SSAs of— 

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

10 be affected; and 

11 (B) the languages anticipated may be spo12 ken by individuals at the targeted site; 

13 (4) if such immigration enforcement-related ac14 tivities cannot be planned more than 24 hours in ad15 vance, notify SSAs in a timely fashion before the ac16 tivity commences or, if this is not possible, imme17 diately following the commencement of such activity; 

18 (5) provide licensed social workers or case man19 agers employed or contracted by the SSAs with on20 going confidential access to individuals apprehended 

21 by the Department of Homeland Security or any en22 tity operating under agreement with the Department 

23 of Homeland Security within six hours of the indi24 vidual’s apprehension— 


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1 (A) to screen and interview such individ2 uals to determine if he or she is a member of 

3 a vulnerable population as described in section 

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

5 (B) to offer confidential psychosocial and 

6 mental health services to children and family 

7 members of such individuals at the time of the 

8 apprehension; 

9 (6) notify local law enforcement of the specific 

10 area of the State that will be affected by such immi11 gration enforcement-related activity not later than 

12 24 hours before the commencement of such activity 

13 or, if such immigration enforcement-related activity 

14 cannot be planned more than 24 hours in advance, 

15 notify local law enforcement in a timely fashion be16 fore the activity commences, or if this is not pos17 sible, immediately following the commencement of 

18 such activity; 

19 (7) coordinate with qualified medical personnel 

20 within six hours of the individual’s apprehension 

21 to— 

22 (A) conduct medical screenings of the indi23 viduals subject to the immigration enforcement24 related activity; and 


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1 (B) identify and report any medical or 

2 other issues that might necessitate release as a 

3 member of a vulnerable population or emer4 gency assistance; 

5 (8) require personnel of the Department of 

6 Homeland Security and any entity operating under 

7 agreement with the Department of Homeland Secu8 rity to avoid the apprehension of persons on the 

9 premises or in the immediate vicinity of day care 

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

11 recreation centers, legal service providers, courts, fu12 neral homes, cemeteries, colleges, victim services 

13 agencies, social service agencies, hospitals, health 

14 care clinics, community centers, and places of wor15 ship; 

16 (9) before transferring any individual appre17 hended by the Department of Homeland Security or 

18 any entity operating under agreement with the De19 partment of Homeland Security to a detention facil20 ity, and before transferring any individual appre21 hended by the Department of Homeland Security or 

22 any entity operating under agreement with the De23 partment of Homeland Security outside the region in 

24 which the apprehension took place, determine, based 

25 on all information available to the Department of 


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1 Homeland Security, entities operating under agree2 ment with the Department of Homeland Security, 

3 and the recommendations made by SSAs and med4 ical personnel— 

5 (A) if the individual is a member of a vul6 nerable population as described in section 4(b); 

7 and 

8 (B) if the individual should be released in 

9 accordance with section 4(c); 

10 (10) provide, and advertise in the mainstream 

11 and foreign language media, as well as make avail12 able to the public via the website of the Department 

13 of Homeland Security, a toll-free number through 

14 which family members of persons apprehended as a 

15 result of an immigration enforcement-related activity 

16 may report information relevant to the release of an 

17 apprehended family member as a member of a vul18 nerable population, which will be conveyed to the ap19 propriate Department of Homeland Security official 

20 and applicable SSA, and through which State child 

21 welfare service providers, family members, and legal 

22 counsel representing those who are apprehended may 

23 obtain information about the apprehended family 

24 members, including their location, in English and 

25 the majority language of those who are apprehended; 


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1 (11) if there is reason to believe that an indi2 vidual who is apprehended is a parent, legal guard3 ian, or primary caregiver relative of a dependent 

4 child in the United States, provide this parent, legal 

5 guardian, or primary caregiver relative with— 

6 (A) confidential and toll-free telephone 

7 calls to arrange for care of dependent children 

8 within 2 hours of screening; 

9 (B) information regarding and contact in10 formation for legal service providers, organiza11 tions, and attorneys that can offer free legal ad12 vice regarding child welfare and custody deter13 minations; and 

14 (C) information regarding and contact in15 formation for multiple State and local child wel16 fare providers; 

17 (12) ensure that personnel of the Department 

18 of Homeland Security and of entities operating 

19 under agreement with the Department do not— 

20 (A) interrogate or screen individuals in the 

21 immediate presence of children; 

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

23 apprehended with his or her parent or parents 

24 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 or release of any individual appre17 hended by the Department of Homeland Security, 

18 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 target population of the 

24 immigration enforcement-related activity is available 

25 for in-person translation for every 5 individuals tarVerDate Nov 24 2008 23:36 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3531.IH H3531

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1 geted by an immigration enforcement-related activ2 ity, and that the Department of Homeland Security 

3 and entities operating under agreement with the De4 partment of Homeland Security utilize appropriate 

5 translation services where interpreters cannot or 

6 have not been retained prior to commencement of an 

7 immigration enforcement activity; 

8 (16) permit nonprofit legal service providers, 

9 organizations, and attorneys to offer free legal serv10 ices to individuals subject to an immigration enforce11 ment-related activity at the time of the apprehension 

12 of such individuals; and 

13 (17) provide a legal orientation presentation for 

14 any individual apprehended through an immigration 

15 enforcement-related activity through the Legal Ori16 entation Program administered by the Executive Of17 fice for Immigration Review. 

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 

25 Department of Homeland Security, and the recommendaVerDate Nov 24 2008 23:36 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3531.IH H3531

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1 tions made by SSAs and medical personnel, determine if 

2 each individual apprehended through the activity belongs 

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

4 (b) VULNERABLE POPULATION GROUPS.—An indi5 vidual is eligible for release under subsection (c) if the in6 dividual belongs to any of the following groups: 

7 (1) Individuals who have serious medical or 

8 mental health needs or a disability. 

9 (2) Pregnant or nursing women. 

10 (3) Individuals who are apprehended with 1 or 

11 more of their children, and their children. 

12 (4) Sole custodial parents, sole legal guardians, 

13 or individuals who have family members who are ill 

14 or otherwise require the assistance of a caregiver. 

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

16 the Immigration and Nationality Act. 

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

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

19 trafficking. 

20 (8) Individuals who have been referred for a 

21 credible fear interview, a reasonable fear interview, 

22 or an asylum hearing. 

23 (9) Individuals who have applied or intend to 

24 apply for asylum, withholding of removal, or protec25 tion under the Convention Against Torture and 


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1 Other Cruel, Inhuman or Degrading Treatment or 

2 Punishment, done at New York December 10, 1984. 

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

4 to United States citizenship, lawful permanent resi5 dent status, or lawful status in the United States. 

6 (11) Individuals who are eligible for relief under 

7 any provision of the Immigration and Nationality 

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

9 (12) Any other group designated in regulations 

10 or guidance promulgated by the Secretary of Home11 land Security. 

12 (c) ELIGIBILITY FOR RELEASE.— 

13 (1) Not later than 72 hours after the apprehen14 sion of an individual described in subsection (b) by 

15 the Department of Homeland Security or any enti16 ties operating under agreement with the Department 

17 of Homeland Security, he or she shall be released on 

18 his or her own recognizance, parole, on a reasonable 

19 bond or into a community-based non-custodial alter20 natives to detention program and shall not be sub21 ject to electronic monitoring, unless the Department 

22 demonstrates— 

23 (A) the alien is subject to mandatory de24 tention under section 235(b)(1)(B)(iii)(IV), 

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1 tionality Act (8 U.S.C. 1225(1)(B)(iii)(IV), 

2 1226(c), and 1226a); 

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

4 is a risk to national security; or 

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

6 of flight cannot be mitigated by supervision or 

7 bond. 

8 (2) If an alien is determined not to meet the re9 quirements for release on recognizance, bond or pa10 role, or subsequently does not meet the requirements 

11 for non-custodial alternatives to detention programs, 

12 the alien may be considered for placement in alter13 natives to detention programs that maintain custody 

14 over the alien, such as through the use of electronic 

15 ankle devices or heightened supervision and moni16 toring procedures. The Secretary of the Department 

17 of Homeland Security shall make an individualized 

18 determination in each alien’s case about the use of 

19 electronic monitoring and shall review such decision 

20 on a monthly basis. Aliens who would otherwise be 

21 subject to detention including under INA section 

22 236(c) may be placed in electronic monitoring or 

23 other secure custodial alternatives to detention that 

24 maintain custody over the alien. 


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1 (3) Decisions under this section shall specify in 

2 writing the reasons for the decision and be served 

3 upon the individual in their native language within 

4 72 hours of the individual’s detention or, in the case 

5 of an individual subject to INA sections 235, 238, 

6 or 241(a)(5) within 72 hours of a positive credible 

7 or reasonable fear determination. Decisions under 

8 this section are subject to redetermination at any 

9 time by an Immigration Judge. 

10 SEC. 5. CUSTODY DETERMINATION. 

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

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

13 (1) by redesignating subsection (e) as sub14 section (h); 

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

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

17 (3) by inserting before subsection (h), as redes18 ignated, the following: 

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

20 who has been detained under this section may be rep21 resented, at no expense to the Federal Government, by 

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

23 any immigration enforcement-related activity, including— 

24 ‘‘(1) interviews; 

25 ‘‘(2) processing appointments; 


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1 ‘‘(3) booking or intake questions; 

2 ‘‘(4) hearings; and 

3 ‘‘(5) any proceeding which may result in a con4 clusion that the individual will be detained or re5 moved from the United States.’’. 

6 (b) NOTICE.— 

7 (1) AMENDMENT.—Section 236 of the Immi8 gration and Nationality Act, as amended by sub9 section (a), is further amended by inserting before 

10 subsection (g) the following: 

11 ‘‘(f) NOTICE AND CHARGES.— 

12 ‘‘(1) NOTICE.—The Secretary of Homeland Se13 curity shall, for each individual detained under this 

14 section— 

15 ‘‘(A) file a notice to appear or other rel16 evant charging document with the closest immi17 gration court to where the individual was appre18 hended; and 

19 ‘‘(B) serve such notice on the individual 

20 not later than 48 hours after the commence21 ment of the individual’s detention. 

22 ‘‘(2) CUSTODY DETERMINATION.—Any indi23 vidual who is detained under this section for more 

24 than 48 hours shall be brought before an immigra25 tion judge for a custody determination not later than 


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1 72 hours after the commencement of such detention 

2 unless the individual waives such right in accordance 

3 with paragraph (3). 

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

5 subsection may be waived for 7 days if the indi6 vidual— 

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

8 the Department of Homeland Security to waive 

9 such requirement; and 

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

11 demonstrates eligibility for a defense against re12 moval.’’. 

13 (2) APPLICABILITY OF OTHER LAW.—Nothing 

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

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

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

17 SEC. 6. CHILD WELFARE SERVICES FOR CHILDREN SEPA18 RATED FROM PARENTS DETAINED OR RE19 MOVED FROM THE UNITED STATES FOR IM20 MIGRATION VIOLATIONS. 

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

22 of the Social Security Act (42 U.S.C. 671(a)) is amend23 ed— 

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

25 (32); 


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1 (2) by striking the period at the end of para2 graph (33) and inserting ‘‘; and’’; and 

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

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

5 ‘‘(A) create and implement protocols to 

6 provide guidance on how all employees of State 

7 agencies providing services to children under 

8 the State plan should handle cases of separated 

9 children that take into account the best interest 

10 of the child, including consideration of the best 

11 outcome for the family of the child; 

12 ‘‘(B) develop and implement memoranda of 

13 understanding or protocols with the Depart14 ment of Homeland Security, Federal, State, 

15 and local government agencies to facilitate com16 munication between the agencies and such a 

17 child, a parent, guardian, or relative referred to 

18 in section 475(9)(B), family members of such a 

19 child, family courts, providers of services to 

20 such a child under the State plan, providers of 

21 long-term care to such a child, and legal rep22 resentatives of such a child or of such a parent, 

23 guardian, or relative; 

24 ‘‘(C) develop and implement joint protocols 

25 and training with law enforcement agencies to 


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1 minimize the trauma, at the time of the appre2 hension of such a parent, guardian, or relative, 

3 to a child who will become a separated child as 

4 a result of the apprehension, including protocols 

5 and training for apprehension of such a parent, 

6 guardian, or relative in the presence of the child 

7 and how to best ensure appropriate and prompt 

8 care arrangements for the child; 

9 ‘‘(D) ensure that the case manager for 

10 such a child is capable of communicating in the 

11 native language of the child and of the family 

12 of the child, or an interpreter who is so capable 

13 is provided to communicate with the child and 

14 the family of the child at no cost to the child 

15 or the family of the child; 

16 ‘‘(E) require that, in all decisions and ac17 tions relating to the care, custody, and place18 ment of such a child, the best interest of the 

19 child, including the best outcome for the family 

20 of the child, be considered, and ensure that the 

21 decisions are based on clearly articulated fac22 tors that do not include predictions or conclu23 sions about immigration status or pending Fed24 eral immigration proceedings; 


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1 ‘‘(F) coordinate with the Department of 

2 Homeland Security to ensure that parents of 

3 such a child who wish for the child to accom4 pany them to their country of origin are given 

5 adequate time to obtain a passport and visa, 

6 collect all relevant vital documents such as birth 

7 certificate, health and educational records, and 

8 other information; 

9 ‘‘(G) preserve, to the greatest extent pos10 sible, the privacy and confidentiality of all infor11 mation gathered in the course of administering 

12 the care, custody, and placement of, and follow13 up services provided to, such a child, consistent 

14 with the best interest of the child, by not dis15 closing such information to other government 

16 agencies or persons (other than such a parent, 

17 guardian, or relative), except that the head of 

18 the State agency (or the designee of the head) 

19 may disclose such information— 

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

21 the child (if the child has attained 18 years 

22 of age) if the disclosure is consistent with 

23 the best interest of the child; or 


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

2 the disclosure would prevent imminent and 

3 serious harm to another individual; and 

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

5 disclosures shall be duly recorded in writ6 ing and placed in the file of the child; and 

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

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

9 the State who are qualified to provide guardian 

10 and legal representation services for such a 

11 child in a language the child can read and un12 derstand.’’. 

13 (b) ADDITIONAL INFORMATION TO BE INCLUDED IN

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

15 675(1)) is amended by adding at the end the following: 

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

17 respect to whom the State plan requires the 

18 State to provide services pursuant to section 

19 471(a)(34)— 

20 ‘‘(i) the location of the parent, guard21 ian, or relative referred to in paragraph 

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

23 child has been separated; and 

24 ‘‘(ii) a written record of each disclo25 sure to a government agency or person 


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1 (other than such a parent, guardian, or 

2 relative) of information gathered in the 

3 course of tracking the care, custody, and 

4 placement of, and follow-up services pro5 vided to, the child.’’. 

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

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

8 end the following: 

9 ‘‘(9) The term ‘separated child’ means an indi10 vidual who— 

11 ‘‘(A) is a citizen or lawful permanent resi12 dent of, or an alien lawfully present in, the 

13 United States; 

14 ‘‘(B) has a parent, legal guardian, or pri15 mary caregiver relative who has been detained 

16 by a Federal, State, or local law enforcement 

17 agency in the enforcement of an immigration 

18 law, or removed from the United States as a re19 sult of a violation of such a law; and 

20 ‘‘(C) is in foster care under the responsi21 bility of a State.’’. 

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

23 this section shall take effect on the 1st day of the 1st cal24 endar quarter that begins after the 1-year period that be25 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, lawfully present non-citizens; 

19 (2) immigration-related apprehensions at 

20 homes, schools, school bus stops, day care centers, 

21 colleges, places of worship, hospitals, health care 

22 clinics, funeral homes, cemeteries, victim services 

23 agencies, social services agencies, head start centers, 

24 recreation centers, legal service providers, courts and 

25 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 their family 

19 member’s detention; 

20 (9) the number of parents, guardians, or care21 givers of children removed from the United States; 

22 (10) the number of parents, guardians, or care23 givers of children removed from the United States 

24 whose children accompany or join them; 


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1 (11) the number of parents, guardians, or care2 givers of children removed from the United States 

3 who are removed without their children; 

4 (12) the number of occasions on which both 

5 parents of a particular children are removed from 

6 the United States without their children; 

7 (13) the length of time the parents, guardians, 

8 or caregivers of children were present in the United 

9 States before their removal from the United Sates; 

10 (14) the number of United States citizen chil11 dren that remain in the United States after the re12 moval of a parent, guardian, or caregiver; 

13 (15) the number of individuals apprehended de14 termined to be part of a vulnerable population re15 leased within specified time limit under section 4(c); 

16 (16) the length of time between when an indi17 vidual is determined to be part of a vulnerable popu18 lation and that individual is released under section 

19 4(c); 

20 (17) the methodology of the Department of 

21 Homeland Security for notifying agents and entities 

22 under agreement with the Department of Homeland 

23 Security about standards regarding enforcement ac24 tions concerning vulnerable populations and holding 

25 them accountable when such standards are violated; 


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1 (18) the number of officials of the Department 

2 of Homeland Security disciplined for violations dur3 ing apprehensions and in making detention deci4 sions; 

5 (19) transfers of immigrants during the course 

6 of an immigration enforcement activity, including— 

7 (A) whether the immigrants had access to 

8 legal counsel before being transferred; 

9 (B) whether the immigrant received notice 

10 of an impending transfer; and 

11 (C) whether the immigrant was evaluated 

12 for vulnerability under section 3(b)(9) before 

13 being transferred; 

14 (20) apprehension procedures for immigration 

15 enforcement-related activities, and compliance with 

16 screening procedures for vulnerable populations; 

17 (21) recommendations for improving immigra18 tion enforcement-related activities and fugitive oper19 ations by reducing the negative impact on children 

20 and vulnerable populations; and 

21 (22) alternatives to detention programs, includ22 ing the types of programs used, number of individ23 uals placed in theses programs, reasons for not plac24 ing immigrants that qualify as a member of a vul25 nerable population as defined in section 4(b) in these 


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1 programs, percentage of cases in which adjustment 

2 of immigration status is granted, percentage of cases 

3 in which removal is undertaken, and frequency of 

4 absconding. 

5 SEC. 8. VULNERABLE POPULATION AND CHILD WELFARE 

6 TRAINING FOR IMMIGRATION ENFORCEMENT 

7 OFFICERS. 

8 (a) MANDATORY TRAINING.— 

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

10 Security, in consultation with the Secretary of 

11 Health and Human Services, and independent child 

12 welfare experts shall mandate live specialized train13 ing of all Federal personnel, relevant personnel em14 ployed by those States reimbursed for activities re15 lated to care and services for separated children, and 

16 State and local personnel and relevant SSAs, who 

17 come into contact with vulnerable populations as de18 fined at section 3(b) in all relevant legal authorities, 

19 policies, and procedures pertaining to the humani20 tarian and due process protections for these vulner21 able populations. 

22 (2) VULNERABLE POPULATIONS.—Such per23 sonnel shall be trained to work with vulnerable popu24 lations, including identifying members of a vulner25 able population, and identifying members of a vulVerDate Nov 24 2008 23:36 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3531.IH H3531

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1 nerable population for whom asylum or special juve2 nile immigrant relief may be appropriate. 

3 (3) BEST PRACTICES.—Participants will be re4 quired to undertake periodic and continuing training 

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

6 and procedures for these vulnerable populations. 

7 (b) MEMORANDA OF UNDERSTANDING.—The Sec8 retary of Homeland Security shall require all law enforce9 ment agencies under agreement with the Department of 

10 Homeland Security to establish Memoranda of Under11 standing with SSAs with respect to the availability of serv12 ices relevant to the humanitarian and due process protec13 tions for vulnerable populations as defined in section 4(b). 

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

15 PRIMARY CAREGIVER RELATIVES. 

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

17 of Homeland Security shall ensure that all detention facili18 ties operated by or under agreement with the Department 

19 take steps to preserve family unity and ensure that the 

20 best outcome for families can be considered in decisions 

21 and actions relating to the custody of children whose par22 ent, legal guardian, or primary caregiver relative is de23 tained by reason of the parent’s, legal guardian’s, or pri24 mary caregiver relative’s immigration status. 


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1 (b) TRAINING.—The Secretary of Homeland Secu2 rity, in consultation with the Department of Health and 

3 Human Services, the Department of Justice, the Depart4 ment of State, and independent family law experts, shall 

5 mandate live, specialized training of all personnel at deten6 tion facilities operated by the Department of Homeland 

7 Security or under agreement with the Department of 

8 Homeland Security in all relevant legal authorities, poli9 cies and procedures related to ensuring that parents, legal 

10 guardians, and primary caregiver relatives of children 

11 have regular, ongoing and in-person access to children, 

12 State family courts, consular officers and staff of State 

13 social service agencies responsible for administering child 

14 welfare programs. Such personnel shall be required to un15 dertake periodic and continuing training on best practices 

16 and changes in relevant law, policies, and procedures per17 taining to the preservation of family unity. 

18 (c) ACCESS TO CHILDREN, LOCAL AND STATE

19 COURTS, CHILD PROTECTIVE SERVICES, AND CONSULAR

20 OFFICIALS.— The Secretary of Homeland Security shall 

21 be responsible for— 

22 (1) ensuring that detained parents, legal guard23 ians, and primary caregiver relatives of children 

24 under 18 years of age are granted free and confiden25 tial phone calls with their children on a daily basis; 


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1 (2) ensuring that detained parents, legal guard2 ians, and primary caregiver relatives of children 

3 under 18 years of age are permitted regular contact 

4 visits with their children; 

5 (3) ensuring that detained parents, legal guard6 ians, and primary caregiver relatives of children 

7 under 18 years of age are able to participate fully, 

8 and to the extent possible in-person, in all family 

9 court proceedings and any other proceeding impact10 ing upon custody of their children; 

11 (4) ensuring that detained parents, legal guard12 ians, and primary caregiver relatives of children 

13 under 18 years of age are able to fully participate 

14 in and comply with all family court orders impacting 

15 upon custody of their child; 

16 (5) ensuring that detained parents, legal guard17 ians, and primary caregiver relatives of children 

18 under 18 years of age have regular, on-site access to 

19 reunification programming including parenting class20 es; 

21 (6) ensuring that detained parents, legal guard22 ians, and primary caregiver relatives of children 

23 under 18 years of age are provided with contact in24 formation for child protective services entities and 

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1 lumbia, all United States territories, and are granted 

2 free, confidential, and unlimited telephone access to 

3 child protective services entities and family courts to 

4 report child abuse, abandonment or neglect; 

5 (7) ensuring that detained parents, legal guard6 ians, and primary caregiver relatives of children 

7 under 18 years of age are granted regular, confiden8 tial and in-person access to consular officials; free, 

9 unlimited, confidential phone calls to consular offi10 cials; and access to United States passport applica11 tions for the purpose of obtaining travel documents 

12 for their children; 

13 (8) ensuring that detained parents, legal guard14 ians, and primary caregiver relatives of children 

15 under 18 years of age who wish to take their chil16 dren with them to their country of origin are grant17 ed adequate time prior to being removed to obtain 

18 a passport and other relevant travel documents nec19 essary for children to accompany them on their re20 turn to their country of origin or join them in their 

21 country of origin; and 

22 (9) facilitating detained parents’, legal guard23 ians’, and primary caregiver relatives’ ability to re24 unify with their children under 18 years of age at 

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1 cluding providing information about the detained 

2 parent, legal guardian, or primary caregiver rel3 ative’s travel arrangements to State social service 

4 agencies or other caregivers. 

5 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

6 There are authorized to be appropriated such sums 

7 as may be necessary to carry out this Act. 

8 SEC. 11. REGULATIONS. 

9 Not later than 6 months after the date of the enact10 ment of this Act, the Secretary shall promulgate regula11 tions to implement this Act, in accordance with the notice 

12 and comment requirements under subchapter II of chapter 

13 5 of title 5, United States Code (commonly referred to 

14 as the Administrative Procedure Act). 

Æ 


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