Protection of Children Act of 2023

To the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to provide for the expedited removal of unaccompanied alien children who are not victims of a severe form of trafficking in persons and who do not have a fear of returning to their country of nationality or last habitual residence, and for other purposes. 1. Short title This Act may be cited as the Protection of Children Act of 2023 2. Repatriation of unaccompanied alien children (a) In general Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 (1) in subsection (a)— (A) in paragraph (2)— (i) by amending the heading to read as follows: Rules for unaccompanied alien children.— (ii) in subparagraph (A)— (I) in the matter preceding clause (i), by striking who is a national or habitual resident of a country that is contiguous with the United States (II) in clause (i), by inserting and (III) in clause (ii), by striking ; and (IV) by striking clause (iii); and (iii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking ( 8 U.S.C. 1101 et seq. ( 8 U.S.C. 1101 et seq. (II) in clause (i), by inserting before permit such child to withdraw may (III) in clause (ii), by inserting before return such child shall (B) in paragraph (5)(D)— (i) in the matter preceding clause (i), by striking , except for an unaccompanied alien child from a contiguous country subject to the exceptions under subsection (a)(2), who does not meet the criteria listed in paragraph (2)(A) (ii) in clause (i), by inserting before the semicolon at the end the following: , which shall include a hearing before an immigration judge not later than 14 days after being screened under paragraph (4) (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A), by inserting before the semicolon the following: believed not to meet the criteria listed in subsection (a)(2)(A) (ii) in subparagraph (B), by inserting before the period the following: and does not meet the criteria listed in subsection (a)(2)(A) (B) in paragraph (3), by striking an unaccompanied alien child in custody shall an unaccompanied alien child in custody— (A) in the case of a child who does not meet the criteria listed in subsection (a)(2)(A), shall transfer the custody of such child to the Secretary of Health and Human Services not later than 30 days after determining that such child is an unaccompanied alien child who does not meet such criteria; or (B) in the case of a child who meets the criteria listed in subsection (a)(2)(A), may transfer the custody of such child to the Secretary of Health and Human Services after determining that such child is an unaccompanied alien child who meets such criteria. ; and (3) in subsection (c)— (A) in paragraph (3), by inserting at the end the following: (D) Information about individuals with whom children are placed (i) Information to be provided to homeland security Before placing a child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the individual with whom the child will be placed, the following information: (I) The name of the individual. (II) The social security number of the individual. (III) The date of birth of the individual. (IV) The location of the individual’s residence where the child will be placed. (V) The immigration status of the individual, if known. (VI) Contact information for the individual. (ii) Activities of the secretary of homeland security Not later than 30 days after receiving the information listed in clause (i), the Secretary of Homeland Security, upon determining that an individual with whom a child is placed is unlawfully present in the United States and not in removal proceedings pursuant to chapter 4 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1221 et seq. ; and (B) in paragraph (5)— (i) by inserting after to the greatest extent practicable (at no expense to the Government) (ii) by striking have counsel to represent them have access to counsel to represent them (b) Effective date The amendments made by this section shall apply to any unaccompanied alien child apprehended on or after the date that is 30 days after the date of enactment of this Act. 3. Special immigrant juvenile status for immigrants unable to reunite with either parent Section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) (1) in clause (i), by striking , and whose reunification with 1 or both of the immigrant's parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law (2) in clause (iii)— (A) in subclause (I), by striking and (B) in subclause (II), by inserting and (C) by adding at the end the following: (III) an alien may not be granted special immigrant status under this subparagraph if the alien’s reunification with any one parent or legal guardian is not precluded by abuse, neglect, abandonment, or any similar cause under State law; .

Summary: Protection of Children Act of 2023 This bill modifies the treatment of unaccompanied alien children and tightens eligibility requirements for Special Immigrant Juvenile visas (immigrant visas for non-U.S. nationals under 21 years of age in the United States who have been abused or abandoned by a parent). Current law authorizes the Department of Homeland Security (DHS) to remove an unaccompanied alien child to their country of nationality or last habitual residence if that country is next to the United States. This section (1) eliminates the requirement that the country is next to the United States; and (2) requires the child's removal, whereas currently removal is authorized. This section also establishes and modifies deadlines for the handling of unaccompanied alien children. For example, if the child is a victim of severe human trafficking, the child must have a hearing before an immigration judge within 14 days of screening as part of removal proceedings. Furthermore, before DHS places an unaccompanied alien child with an individual, the Department of Health and Human Services must provide DHS with certain information about the individual, including social security number and immigration status. DHS must initiate removal proceedings if the individual is unlawfully present. This bill establishes that an individual does not qualify for a Special Immigrant Juvenile visa if reunification is possible with any parent or legal guardian. Currently, an individual may qualify if the individual cannot reunite with one or both parents due to abuse, neglect, or abandonment (i.e., an individual may qualify even if reunification with one parent is possible).