(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 this 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 regarding and contact in-
formation for legal service providers, organiza-
tions, and attorneys that can offer free legal ad-
vice regarding child welfare and custody deter-
minations; and 
(C) information regarding and contact in-
formation for multiple State and local child wel-
fare 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 or release of any individual appre-
hended by the Department of Homeland Security, 
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 target population of the 
immigration enforcement-related activity is available 
for in-person translation for every 5 individuals tar-
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geted by an immigration enforcement-related activ-
ity, and that the Department of Homeland Security 
and entities operating under agreement with the De-
partment of Homeland Security utilize appropriate 
translation services where interpreters cannot or 
have not been retained prior to commencement of an 
immigration enforcement activity; 
(16) permit nonprofit legal service providers, 
organizations, and attorneys to offer free legal serv-
ices to individuals subject to an immigration enforce-
ment-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. 
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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tions made by SSAs and medical personnel, determine if 
each individual apprehended through the activity belongs 
to any of the groups listed in subsection (b). 
(b) VULNERABLE POPULATION GROUPS.—An indi-
vidual is eligible for release under subsection (c) if the in-
dividual belongs to any of the following groups: 
(1) Individuals who have serious medical or 
mental health needs or a disability. 
(2) Pregnant or nursing women. 
(3) Individuals who are apprehended with 1 or 
more of their children, and their children. 
(4) Sole custodial parents, sole legal guardians, 
or individuals who have family members who are ill 
or otherwise require the assistance of a caregiver. 
(5) Children as defined by section 101(b)(1) of 
the Immigration and Nationality Act. 
(6) Individuals who are over 65 years of age. 
(7) Victims of abuse, violence, crime, or human 
trafficking. 
(8) Individuals who have been referred for a 
credible fear interview, a reasonable fear interview, 
or an asylum hearing. 
(9) Individuals who have applied or intend to 
apply for asylum, withholding of removal, or protec-
tion under the Convention Against Torture and 
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Other Cruel, Inhuman or Degrading Treatment or 
Punishment, done at New York December 10, 1984. 
(10) Individuals who have a non-frivolous claim 
to United States citizenship, lawful permanent resi-
dent status, or lawful status in the United States. 
(11) Individuals who are eligible for relief under 
any provision of the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.). 
(12) Any other group designated in regulations 
or guidance promulgated by the Secretary of Home-
land Security. 
(c) ELIGIBILITY FOR RELEASE.— 
(1) Not later than 72 hours after the apprehen-
sion of an individual described in subsection (b) by 
the Department of Homeland Security or any enti-
ties operating under agreement with the Department 
of Homeland Security, he or she shall be released on 
his or her own recognizance, parole, on a reasonable 
bond or into a community-based non-custodial alter-
natives to detention program and shall not be sub-
ject to electronic monitoring, unless the Department 
demonstrates— 
(A) the alien is subject to mandatory de-
tention under section 235(b)(1)(B)(iii)(IV), 
236(c), or 236A of the Immigration and Na-
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