Stop Human Trafficking of Unaccompanied Migrant Children Act of 2023

To establish vetting standards for the placement of unaccompanied alien children with sponsors, and for other purposes. 1. Short title This Act may be cited as the Stop Human Trafficking of Unaccompanied Migrant Children Act of 2023 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) (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.

Summary: Stop Human Trafficking of Unaccompanied Migrant Children Act of 2023 This bill imposes additional requirements relating to placing unaccompanied alien children with sponsors. (Under federal law, an unaccompanied alien child is a minor with no lawful immigration status and no parent or legal guardian in the United States to provide care and physical custody.) Before the Department of Health and Human Services (HHS) may release such a child to a sponsor, the sponsor must complete a fingerprint background check and vetting that includes (1) a public records check, (2) a National Sex Offender Registry check, (3) a Federal Bureau of Investigation National Criminal History Check, (4) a child abuse and neglect check, and (5) state and local criminal history checks. Each adult in the sponsor's household must also undergo such vetting before the placement. Currently, the Office of Refugee Resettlement (ORR) within HHS conducts background checks of potential sponsors, which includes fingerprinting and checks of criminal public records and sex offender registries. ORR also vets adults in the sponsor's household in certain cases, such as if the sponsor is unrelated to the child, but this vetting may be waived or relaxed. The bill also requires HHS to visit the home of a proposed sponsor before the placement and to conduct periodic home visits after. A child may not be placed with a sponsor who is unlawfully present in the United States unless the sponsor is the child's parent, relative, or legal guardian. HHS must retroactively apply these vetting standards to all sponsors for placements made since January 20, 2021.