Migrant Accountability Act of 2021

To transfer functions related to unaccompanied alien children to the Department of Homeland Security, and for other purposes. 1. Short title This Act may be cited as the Migrant Accountability Act of 2021 2. Transfer of functions related to un­ac­com­pa­nied alien children Section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 (1) by amending subsection (a) to read as follows: (a) Transfer of functions There are transferred to the Secretary of Homeland Security functions under the immigration laws of the United States with respect to the care of unaccompanied alien children that were vested by statute in, or performed by, the Director of the Office of Refugee Resettlement of the Department of Health and Human Services immediately before the effective date specified in subsection (d). ; (2) in subsection (b)— (A) by striking Director of the Office of Refugee Resettlement Secretary of Homeland Security (B) in paragraph (1), by striking Director Secretary (3) by amending subsection (d) to read as follows: (d) Effective date The effective date specified in this subsection is the date of enactment of the Migrant Accountability Act of 2021. . (4) in subsection (e)— (A) in paragraph (1), by striking Director of the Office of Refugee Resettlement Secretary of Homeland Security (B) in paragraph (2), by striking Office of Refugee Resettlement of the Department of Health and Human Services Department of Homeland Security (5) in subsection (f)— (A) by repealing paragraph (2); (B) in paragraph (3)— (i) by striking Department of Justice Department of Health and Human Services (ii) by striking the Immigration and Naturalization Service the Office of Refugee Resettlement (iii) by striking Director of the Office of Refugee Resettlement for allocation to the appropriate component of the Department of Health and Human Services Secretary of Homeland Security for allocation to the appropriate component of the Department of Homeland Security 3. Conforming amendments 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), by striking who is a national or habitual resident of a country that is contiguous with the United States (iii) in subparagraph (C)— (I) by amending the heading to read as follows: Country agreements (II) by striking countries contiguous to the United States other countries (B) by striking paragraph (3); (C) in paragraph (4), by striking immediately be transferred to the Secretary of Health and Human Services and treated in accordance with subsection (b) be treated in accordance with subsection (b) (D) in paragraph (5)(D), by striking contiguous (2) in subsection (b)— (A) by amending paragraph (1) to read as follows: (1) Care and custody of unaccompanied alien children The care and custody of all unaccompanied alien children, including responsibility for their detention, where appropriate, shall be the responsibility of the Secretary of Homeland Security. . (B) in paragraph (2), by striking Department of Health and Human services Department of Homeland Security (C) in paragraph (3), by striking Secretary of Health and Human Services Secretary of Homeland Security (D) in paragraph (4), by amending the first sentence to read as follows: The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall develop procedures to make a prompt determination of the age of an alien, which shall be used by the Secretary of Homeland Security for children in their custody. (3) in subsection (c)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by amending the heading to read as follows: Minors in department of homeland security custody (II) by striking Secretary of Health and Human Services Secretary of Homeland Security (ii) by striking subparagraph (B); (B) in paragraph (3)— (i) by striking Secretary of Health and Human Services Secretary of Homeland Security (ii) by repealing subparagraph (C); (C) in paragraph (4), by striking Secretary of Health and Human Services Secretary of Homeland Security (D) in paragraph (5), by striking Secretary of Health and Human Services Secretary of Homeland Security (E) in paragraph (6), by striking Secretary of Health and Human Services Secretary of Homeland Security (4) in subsection (d)(4)(A), by striking Secretary of Health and Human Services Secretary of Homeland Security (5) by adding at the end the following: (j) DNA testing Prior to placing an unaccompanied alien child into the custody of a sponsor who claims to be a biological relative of the child, the Secretary shall confirm the existence of such a relationship using DNA technology. For purposes of this subsection, a biological relative includes a grandfather, grandmother, brother, sister, aunt, uncle, parent, and first cousin. (k) Limitation on placement The Secretary of Homeland Security, or their designee, shall not place an unaccompanied alien child in a State, including in a Federal Government facility in a State, if the Governor of that State does not consent to such placement. This subsection does not apply to the placement of an unaccompanied alien child with a biological relative with whom the existence of such a relationship has been confirmed using DNA technology in accordance with subsection (j). .

Summary: Migrant Accountability Act of 2021 This bill modifies the treatment of unaccompanied alien children, including by transferring functions for the care and custody of such children from the Office of Refugee Settlement within the Department of Health and Human Services (HHS) to the Department of Homeland Security (DHS). Currently, the office provides care for apprehended unaccompanied children, while DHS is typically responsible for detained alien adults. Under this bill, if an immigration officer determines that a qualifying unaccompanied child is inadmissible, the officer may return that child to the child's country of nationality or country of last habitual residence. Currently, only an unaccompanied child who is a national or habitual resident of a country bordering the United States may be returned. The Department of State must negotiate with other countries concerning the repatriation of children. Currently, the State Department is only required to negotiate such agreements with countries bordering the United States. For an unaccompanied child who reaches 18 years of age while in custody, the bill repeals a requirement for DHS to consider the least restrictive setting available for that individual's custody or supervision. Currently, DHS must make such a consideration when such an individual reaches 18 years of age. Before placing an unaccompanied child with a sponsor claiming to be the child's biological relative, DHS must confirm this relationship using DNA technology. A state may refuse placement of an unaccompanied child in the state, including at a federal facility, unless the placement is with a sponsor who is the child's confirmed biological relative.