(1) APPREHENSION.—The term ‘‘apprehen-
sion’’, in the context of an immigration enforcement- 
related activity, means government detention, arrest, 
or custody, or any significant deprivation of an indi-
vidual’s freedom of action by government officials or 
entities acting under agreement with the Depart-
ment of Homeland Security for suspicion of viola-
tions under the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.). 
(2) IMMIGRATION ENFORCEMENT-RELATED AC-
TIVITY.—The term ‘‘immigration enforcement-re-
lated activity’’ means the questioning of, apprehen-
sion of, detention of, or request for or issuance of 
a detainer for one or more individuals for suspected 
or confirmed violations of the Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.) by the Depart-
ment of Homeland Security or cooperating entities. 
(3) SSA.—The term ‘‘SSA’’ means the appro-
priate State or local social service agency, including 
nongovernmental organizations, child welfare agen-
cies, child protective service agencies, school and 
head start administrators, legal service providers, 
and hospitals. 
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SEC. 3. APPREHENSION PROCEDURES FOR IMMIGRATION 
ENFORCEMENT-RELATED ACTIVITIES. 
(a) IN GENERAL.—Any immigration enforcement-re-
lated activity engaged in by the Department of Homeland 
Security or by other entities under agreement with the De-
partment of Homeland Security for alleged violations 
under the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.), which results in the apprehension of at least 
one alien shall be carried out in accordance with the proce-
dures described in this section. 
(b) APPREHENSION PROCEDURES.—The Secretary of 
Homeland Security and entities under agreement with the 
Department of Homeland Security shall— 
(1) conduct an initial review of each individual 
apprehended in an immigration enforcement-related 
activity to ascertain whether such individual may be 
a United States citizen, a lawful permanent resident 
of the United States, or an alien lawfully present in 
the United States; 
(2) if an individual claims to be a United States 
citizen, a lawful permanent resident of the United 
States, or an alien lawfully present in the United 
States, ensure that personnel of the Department of 
Homeland Security investigate the individual’s 
claims and consider the individual for release under 
section 4(c); 
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(3) notify SSAs of immigration enforcement-re-
lated activity not later than 24 hours before the 
commencement of such activity, specifically notifying 
the SSAs of— 
(A) the specific area of the State that will 
be affected; and 
(B) the languages that may be spoken by 
individuals at the targeted site; 
(4) if such immigration enforcement-related ac-
tivities cannot be planned more than 24 hours in ad-
vance, notify SSAs in a timely fashion before the ac-
tivity commences or, if advance notification is not 
possible, immediately following the commencement of 
such activity; 
(5) provide licensed social workers or case man-
agers employed or contracted by the SSAs with on-
going confidential access to each individual appre-
hended by the Department of Homeland Security or 
any entity operating under agreement with the De-
partment of Homeland Security within six hours of 
the individual’s apprehension— 
(A) to determine through screening and 
interviewing if such individual is a member of 
a vulnerable population as described in section 
4(b) or for other humanitarian concerns; and 
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(B) to offer confidential psychosocial and 
mental health services to children and family 
members of such individual at the time of ap-
prehension; 
(6) notify local law enforcement of the specific 
area of the State that will be affected by such immi-
gration enforcement-related activity not later than 
24 hours before the commencement of such activity 
or, if such immigration enforcement-related activity 
cannot be planned more than 24 hours in advance, 
notify local law enforcement in a timely fashion be-
fore such activity commences, or if advance notifica-
tion is not possible, immediately following the com-
mencement of such activity; 
(7) coordinate with qualified medical personnel 
within six hours of the apprehension of an individual 
to— 
(A) conduct medical screenings of such in-
dividual; and 
(B) identify and report any medical or 
other issues that might necessitate release as a 
member of a vulnerable population; 
(8) require personnel of the Department of 
Homeland Security and any entity operating under 
agreement with the Department of Homeland Secu-
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rity to avoid the apprehension of persons on the 
premises or in the immediate vicinity of day care 
centers, head start centers, schools, school bus stops, 
recreation centers, legal service providers, courts, fu-
neral homes, cemeteries, colleges, victim services 
agencies, social service agencies, hospitals, health 
care clinics, community centers, and places of wor-
ship; 
(9) before transferring any individual appre-
hended by the Department of Homeland Security or 
any entity operating under agreement with the De-
partment of Homeland Security to a detention facil-
ity or outside the region where apprehension took 
place— 
(A) determine, based on all information 
available to the Department of Homeland Secu-
rity, entities operating under agreement with 
the Department of Homeland Security, and the 
recommendations made by SSAs and medical 
personnel, whether such individual is a member 
of a vulnerable population as described in sec-
tion 4(b) or should be released in accordance 
with section 4(c); and 
(B) ensure that such individual is not 
transferred from his or her initial detention fa-
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cility or to the custody of the Secretary of 
Homeland Security until such individual— 
(i) has made arrangements for the 
care of the individual’s children or wards; 
or 
(ii) if such arrangements are impos-
sible, is informed of the care arrangements 
made for such children and a means to 
maintain communication with such chil-
dren; 
(10) provide and advertise in the mainstream 
and foreign language media and on the Web site of 
the Department of Homeland Security a toll-free 
number through which family members of individ-
uals apprehended as a result of an immigration en-
forcement-related activity may report information 
relevant to the release of such individuals, including 
whether such individuals are members of a vulner-
able population, which will be conveyed to the appro-
priate Department of Homeland Security official and 
applicable SSA, and through which State child wel-
fare service providers, family members, and legal 
counsel representing individuals who are appre-
hended may obtain information about such individ-
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uals, including their location, in English and in the 
majority language of such individuals; 
(11) if there is reason to believe that an indi-
vidual who is apprehended is a parent, legal guard-
ian, or primary caregiver relative of a dependent 
child in the United States, provide such parent, legal 
guardian, or primary caregiver relative with— 
(A) confidential and toll-free telephone 
calls to arrange for care of dependent children 
within 2 hours of screening; 
(B) information, including contact details, 
for legal service providers that can offer free 
legal advice regarding child welfare and custody 
determinations; and 
(C) information, including contact informa-
tion, on multiple State and local child welfare 
providers; 
(12) ensure that personnel of the Department 
of Homeland Security and of entities operating 
under agreement with the Department do not— 
(A) interrogate or screen individuals in the 
immediate presence of children; 
(B) interrogate, arrest, or detain any child 
apprehended with his or her parent or parents 
without the presence or consent of a parent, 
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family member, legal guardian, or legal counsel; 
or 
(C) compel or request children to translate 
for other individuals who are encountered as 
part of an immigration enforcement-related ac-
tivity; 
(13) provide all Department of Homeland Secu-
rity personnel, personnel from entities under agree-
ment with the Department of Homeland Security 
participating SSAs, and medical personnel with de-
tailed instructions on what steps to take if they en-
counter individuals who are a member of a vulner-
able population; 
(14) ensure that the best interests of children 
are considered in decisions and actions relating to 
the detention, transfer, or release of any individual 
apprehended by the Department of Homeland Secu-
rity, and that there be a preference for family unity 
whenever appropriate; 
(15) ensure that not fewer than one inde-
pendent certified interpreter who is fluent in Span-
ish or any language other than English spoken by 
more than 5 percent of the population targeted by 
an immigration enforcement-related activity is avail-
able for in-person translation for every 5 individuals 
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targeted by an immigration enforcement-related ac-
tivity, and that the Department of Homeland Secu-
rity and entities operating under agreement with the 
Department of Homeland Security utilize appro-
priate translation services where interpreters cannot 
or have not been retained prior to commencement of 
an immigration enforcement-related activity; 
(16) permit nonprofit legal service providers to 
offer free legal services to individuals subject to an 
immigration enforcement-related activity at the time 
of the apprehension of such individuals; and 
(17) provide a legal orientation presentation for 
any individual apprehended through an immigration 
enforcement-related activity through the Legal Ori-
entation Program administered by the Executive Of-
fice for Immigration Review. 
(c) NONDISCLOSURE AND RETENTION OF INFORMA-
TION ABOUT APPREHENDED INDIVIDUALS AND THEIR 
CHILDREN.— 
(1) IN
GENERAL.—Information collected by 
child welfare agencies and nongovernmental organi-
zations in the course of the screenings and inter-
views described in subsection (b)(5) may not be dis-
closed to Federal, State, or local government entities 
or to any person, except pursuant to written author-
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ization from the individual or his or her legal coun-
sel. 
(2) CHILD WELFARE AGENCY OR NONGOVERN-
MENTAL
ORGANIZATION
RECOMMENDATION.—Not-
withstanding paragraph (1), a child welfare agency 
or nongovernmental organization may— 
(A) submit a recommendation to the Sec-
retary of the Department of Homeland Security 
or a cooperating entity regarding whether an 
apprehended individual is a parent, legal guard-
ian, or primary caregiver relative who is eligible 
for the protections provided under this Act; and 
(B) disclose information that is necessary 
to protect the safety of the child, to allow for 
the application of paragraphs (9)(B) and (14) 
of subsection (b), or to prevent reasonably cer-
tain death or substantial bodily harm. 
SEC. 4. BASIC PROTECTIONS FOR VULNERABLE POPU-
LATIONS. 
(a) IN GENERAL.—Not later than 48 hours after the 
commencement of an immigration enforcement-related ac-
tivity, the Department of Homeland Security shall, based 
on all information available to the Department of Home-
land Security, entities operating under agreement with the 
Department of Homeland Security, and the recommenda-
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placement of, and follow-up services pro-
vided to, the child.’’. 
(c) SEPARATED CHILD DEFINED.—Section 475 of 
such Act (42 U.S.C. 675) is amended by adding at the 
end the following: 
‘‘(9) The term ‘separated child’ means an indi-
vidual who— 
‘‘(A) is a citizen or lawful permanent resi-
dent of, or an alien lawfully present in, the 
United States; 
‘‘(B) has a parent, legal guardian, or pri-
mary caregiver relative who has been detained 
by a Federal, State, or local law enforcement 
agency in the enforcement of an immigration 
law, or removed from the United States as a re-
sult of a violation of such a law; and 
‘‘(C) is in foster care under the responsi-
bility of a State.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the 1st day of the 1st cal-
endar quarter that begins after the 1-year period that be-
gins with the date of the enactment of this Act. 
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