Stop Human Trafficking of Unaccompanied Migrant Children Act of 2023

Subjects: Immigration


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1461 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1461

To establish vetting standards for the placement of unaccompanied alien 
            children with sponsors, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2023

     Mr. Scott of Florida (for himself, Mr. Cotton, and Mr. Rubio) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To establish vetting standards for the placement of unaccompanied alien 
            children with sponsors, 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 ``Stop Human Trafficking of 
Unaccompanied Migrant Children Act of 2023''.

SEC. 2. VETTING STANDARDS FOR PLACEMENT OF UNACCOMPANIED ALIEN CHILDREN 
              WITH SPONSORS.

    (a) Vetting of Prospective Sponsors.--
            (1) In general.--Before an unaccompanied alien child (as 
        defined in section 462(g) of the Homeland Security Act of 2002 
        (6 U.S.C. 279(g))) may be released from the custody of the 
        Secretary of Health and Human Services to the custody of a 
        sponsor, the sponsor shall undergo and complete, to the 
        satisfaction of the Secretary of Health and Human Services and 
        the head of the department of children and family services of 
        the applicable State (or the equivalent State agency) and in 
        consultation with the Attorney General and the Secretary of 
        Homeland Security, a fingerprint background check and vetting 
        process that includes--
                    (A) a public records check;
                    (B) a check of the National Sex Offender Registry 
                of the Department of Justice, conducted through the 
                public internet website for such registry;
                    (C) a Federal Bureau of Investigation National 
                Criminal History check based on digital fingerprints or 
                digitized fingerprints submitted on paper;
                    (D) a Child Abuse and Neglect check, obtained on a 
                State-by-State basis; and
                    (E) a check of the criminal history repository of 
                the applicable 1 or more States and a police records 
                check of the applicable localities.
            (2) Adults household members.--As part of the vetting 
        process under paragraph (1), each individual who is 18 years of 
        age or older in the household of a prospective sponsor shall 
        undergo and complete all vetting processes required by 
        paragraph (1), to the satisfaction of the Secretary of Health 
        and Human Services and the head of the department of children 
        and family services of the applicable State (or the equivalent 
        State agency) and in consultation with the Attorney General and 
        the Secretary of Homeland Security, before an unaccompanied 
        alien child may be placed in such household.
    (b) Limitation on Placement With Illegal Aliens.--The Secretary of 
Health and Human Services may not release an unaccompanied alien child 
to the custody of a sponsor who is an alien unlawfully present in the 
United States, unless such alien is a biological parent, legal 
guardian, or relative of the child.
    (c) Monitoring Visits.--
            (1) Pre-release.--Before an unaccompanied alien child may 
        be released from the custody of the Secretary of Health and 
        Human Services, the Secretary shall conduct a home visit to the 
        household in which the child is proposed to be placed, 
        regardless of the sponsor category of the prospective sponsor.
            (2) Post-release.--For each child released from the custody 
        of the Secretary of Health and Human Services after the date of 
        the enactment of this Act, the Secretary shall conduct--
                    (A) during the 1-year period beginning on the date 
                on which the child is so released, not fewer than 5 
                unannounced in-person home visits; and
                    (B) during the subsequent 1-year period, 1 in-
                person home visit each quarter.
    (d) Retroactive Vetting.--The Secretary of Health and Human 
Services, in collaboration with the head of the department of children 
and family services of each applicable State (or the equivalent State 
agency) and in consultation with the Attorney General and the Secretary 
of Homeland Security, shall immediately conduct the fingerprint 
background check and vetting process described in subsection (a) for 
each sponsor with whom a child released from the custody of the 
Secretary of Health and Human Services has been placed since January 
20, 2021, until the sponsor of each such child has been vetted in 
accordance with this Act.
    (e) Monthly Reports.--
            (1) Children in custody and released to sponsors.--Not 
        later than 30 days after the date of the enactment of this Act, 
        and every 30 days thereafter, the Secretary of Health and Human 
        Services and the Secretary of Homeland Security shall jointly 
        submit to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Homeland Security of 
        the House of Representatives a report that contains, for the 
        preceding month--
                    (A) the number of unaccompanied alien children 
                encountered by the Secretary of Homeland Security;
                    (B) the number of unaccompanied alien children 
                released by the Secretary of Homeland Security into the 
                custody of the Secretary of Health and Human Services;
                    (C) the number of sponsor background checks 
                completed under subsection (a);
                    (D) the number of sponsor background checks in 
                progress under such subsection;
                    (E) the number of pre-release home visits 
                completed;
                    (F) the number of post-release home visits 
                completed;
                    (G) the number of unaccompanied alien children 
                released to sponsors, disaggregated by sponsor 
                category;
                    (H) total number of unaccompanied alien children in 
                the custody of the Secretary of Health and Human 
                Services, disaggregated by State and Department of 
                Health and Human Services facility; and
                    (I) the rate at which the Secretary of Health and 
                Human Services rejected sponsorship applications.
            (2) Missing children.--Not later than 30 days after the 
        date of the enactment of this Act, and every 30 days 
        thereafter, the Secretary of Health and Human Services and the 
        Secretary of Homeland Security shall jointly submit to Congress 
        a report on all efforts made, during the preceding month, by 
        the Department of Health and Human Services and the Department 
        of Homeland Security to account for all children--
            (3) who were released from the custody of the Secretary of 
        Health and Human Services to a sponsor on or after January 20, 
        2021; and
            (4) as of the date of the enactment of this Act--
                    (A) who have been reported missing; or
                    (B) with respect to whom the Secretary of Health 
                and Human Services has no record since the date of 
                release from custody.
                                 &lt;all&gt;
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