I 
118TH CONGRESS 
2D SESSION 
H. R. 8536 
To establish the Office of the Ombudsperson for Immigrant Children in 
Immigration Custody, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 23, 2024 
Ms. JAYAPAL (for herself, Mr. NADLER, Ms. NORTON, Ms. OMAR, Mr. GOLD-
MAN of New York, Mr. JACKSON of Illinois, Mr. CASTRO of Texas, Mrs. 
RAMIREZ, Ms. BARRAGA´N, Mr. MCGOVERN, Mrs. HAYES, Ms. JACKSON 
LEE, Ms. LEE of California, Ms. BALINT, Ms. LOFGREN, Ms. SCANLON, 
and Ms. TLAIB) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Home-
land Security, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To establish the Office of the Ombudsperson for Immigrant 
Children in Immigration Custody, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protection of Kids in 
Immigrant Detention Act’’ or ‘‘PROKID Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) 
COMMITTEE.—The 
term 
‘‘Committee’’ 
means the expert advisory committee established 
under section 5(a). 
(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office of Refugee Resettlement. 
(3) FACILITY.—The term ‘‘facility’’— 
(A) means a location at which 1 or more 
immigrant children are detained by the Govern-
ment or held in immigration custody; and 
(B) includes— 
(i) an Office of Refugee Resettlement 
facility; and 
(ii) a Department of Homeland Secu-
rity facility, including— 
(I) a U.S. Customs and Border 
Protection temporary holding facility 
and transportation contractor; 
(II) a U.S. Immigration and Cus-
toms Enforcement family detention 
facility; 
(III) a U.S. Immigration and 
Customs Enforcement juvenile facility; 
(IV) a location operated by a pri-
vate entity, including a hotel room; 
and 
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(V) any other location at which 
the Department of Homeland Security 
or the Department of Health and 
Human Services detains or holds in 
custody an immigrant child. 
(4) IMMIGRATION CUSTODY.—The term ‘‘immi-
gration custody’’ means the physical custody of the 
Secretary of Health and Human Services or the Sec-
retary of Homeland Security (or the head of any 
successor agency of the Department of Health and 
Human Services or the Department of Homeland 
Security). 
(5) INFLUX FACILITY.—The term ‘‘influx facil-
ity’’ means any facility established to provide tem-
porary emergency shelter and services for unaccom-
panied immigrant children during an influx or emer-
gency. 
(6) FLORES
SETTLEMENT
AGREEMENT.—The 
term ‘‘Flores settlement agreement’’ means the stip-
ulated settlement agreement filed in the United 
States District Court for the Central District of 
California on January 17, 1997 (CV 85–4544– 
RJK). 
(7) IMMIGRANT CHILD.—The term ‘‘immigrant 
child’’ means an alien (as defined in section 101(a) 
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fice of the Ombudsperson for Immigrant Children in 
Government Custody established by section 3(a). 
(11) 
OMBUDSPERSON.—The 
term 
‘‘Ombudsperson’’ means the ombudsperson ap-
pointed under section 3(c). 
(12) OUT-OF-NETWORK
FACILITY.—The term 
‘‘out-of-network facility’’ means a facility at which 
an immigrant child is placed as a result of an Office 
of Refugee Resettlement determination that there is 
no care provider available among in-network facili-
ties to provide specialized services required by the 
immigrant child, such as medical or mental health 
support. 
(13) UNOBSTRUCTED ACCESS.—The term ‘‘un-
obstructed access’’ means— 
(A) with respect to a facility, the ability to 
enter the facility, including unannounced, to 
tour and physically visit all areas of the facility; 
and 
(B) with respect to information, the ability 
to obtain requested information in a timely 
manner with the full cooperation of the Direc-
tor, the Secretary of Homeland Security, or the 
Secretary of Health and Human Services, as 
applicable. 
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(14) WORKING
GROUP.—The term ‘‘Working 
Group’’ means the interagency working group estab-
lished under section 6(b). 
SEC. 3. OFFICE OF THE OMBUDSPERSON FOR IMMIGRANT 
CHILDREN IN IMMIGRATION CUSTODY. 
(a) ESTABLISHMENT.—There is established, within 
the Department of Health and Human Services, an Office 
of the Ombudsperson for Immigrant Children in Immigra-
tion Custody— 
(1) to endorse and support the principle that 
family separation and detention are generally not in 
a child’s best interest; and 
(2) in cases in which detention or immigration 
custody is required— 
(A) to ensure that immigrant children are 
only detained or held in immigration custody in 
the least restrictive setting; 
(B) to advocate for the quick, safe, and ef-
ficient release of immigrant children from de-
tention or immigration custody whenever pos-
sible; and 
(C) in any case in which an immigrant 
child is held in Department of Homeland Secu-
rity custody together with his or her family 
unit, to advocate for the release of the child and 
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concurrent release of the parent or legal guard-
ian of the child not later than 72 hours after 
the time at which such child and parent or legal 
guardian were apprehended. 
(b) 
INDEPENDENCE.—The 
Office 
of 
the 
Ombudsperson shall be an impartial, confidential resource 
fully independent of— 
(1) the Office of Refugee Resettlement of the 
Department of Health and Human Services; and 
(2) the Department of Homeland Security. 
(c) OMBUDSPERSON.— 
(1) 
IN
GENERAL.—The 
Office 
of 
the 
Ombudsperson 
shall 
be 
headed 
by 
an 
Ombudsperson, who shall be appointed by, and re-
port directly to, the Secretary of Health and Human 
Services. 
(2) 
QUALIFICATIONS.—The 
individual 
ap-
pointed as Ombudsperson shall have demonstrated 
experience in— 
(A) immigration law; and 
(B) child advocacy or child welfare. 
(3) DUTIES AND AUTHORITIES.— 
(A) MONITORING.— 
(i) IN GENERAL.—The Ombudsperson 
shall monitor, including by making fre-
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quent site visits, for compliance with all 
applicable Federal and State laws, regula-
tions, and standards relating to immigrant 
children in immigration custody. 
(ii) INCLUSIONS.—The laws, regula-
tions, and standards referred to in clause 
(i) include— 
(I) the Flores settlement agree-
ment; 
(II) section 235 of the William 
Wilberforce Trafficking Victims Pro-
tection Reauthorization Act of 2008 
(8 U.S.C. 1232); 
(III) the applicable provisions of 
the Prison Rape Elimination Act of 
2003 (34 U.S.C. 30301 et seq.); 
(IV) the standards of U.S. Cus-
toms and Border Protection entitled 
‘‘National Standards on Transport, 
Escort, Detention, and Search’’ issued 
in October 2015; and 
(V) internal Office of Refugee 
Resettlement policy guidance, includ-
ing the guidance entitled ‘‘ORR Policy 
Guide: Children Entering the United 
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States Unaccompanied’’ issued on 
January 30, 2015. 
(iii) ONSITE VISITS FOR INFLUX FA-
CILITIES AND UNLICENSED FACILITIES.— 
(I) IN GENERAL.—Not less fre-
quently than monthly during the pe-
riod in which an influx facility or an 
unlicensed facility is in operation, the 
Ombudsperson shall conduct a com-
prehensive onsite visit at such facility 
to monitor for compliance with appli-
cable Federal and State law (includ-
ing regulations), including— 
(aa) the Flores settlement 
agreement; and 
(bb) section 235 of the Wil-
liam Wilberforce Trafficking Vic-
tims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232). 
(II) CERTAIN
UNLICENSED
FA-
CILITIES.—The onsite visits required 
by subclause (I) shall include visits to 
any unlicensed facility. 
(B) INVESTIGATIONS.— 
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(i) IN GENERAL.—The Ombudsperson 
shall investigate issues including— 
(I) claims or reports of abuse, 
neglect, or mistreatment of immigrant 
children, by the Government or any 
other entity, while in immigration cus-
tody; 
(II) complaints against foster 
care providers, including foster care 
providers under State oversight; 
(III) a lack of timely, confidential 
access to professionals such as legal 
counsel, legal services providers, child 
advocates, and medical professionals; 
and 
(IV) complaints with respect to— 
(aa) the conditions of cus-
tody or length of time in custody 
in any facility; and 
(bb) sexual abuse or sexual 
harassment, including potential 
violations of part 411 of title 45, 
Code of Federal Regulations (re-
lating to standards to prevent, 
detect, and respond to sexual 
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abuse and sexual harassment in-
volving unaccompanied children). 
(ii) STATE LICENSING VIOLATIONS.— 
If in the course of an investigation under 
clause (i) the Ombudsperson discovers a 
State 
licensing 
violation, 
the 
Ombudsperson shall report the violation to 
the child welfare licensing agency of the 
applicable State. 
(iii) VIOLATIONS IN UNLICENSED FA-
CILITIES.— 
(I) 
IN
GENERAL.—The 
Ombudsperson shall investigate any 
potential violation of law, regulation, 
or standard in an influx facility or un-
licensed facility, including any such 
facility the license of which has been 
revoked by a State. 
(II) REPORT.—If in the course of 
an investigation under subclause (I), 
the Ombudsperson determines that a 
violation of law, regulation, or stand-
ard has occurred, not later than 30 
days after making such determination, 
the Ombudsperson shall report the 
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violation the Secretary of Health and 
Human Services for further action. 
(C) PLACEMENT REVIEW PANELS.— 
(i) IN GENERAL.—The Ombudsperson 
shall provide oversight of placement review 
panels (or successor review bodies or proc-
esses), convened by the Office of Refugee 
Resettlement. 
(ii) COOPERATION
OF
DIRECTOR.— 
The Director may— 
(I) not later than 5 days before 
a placement review panel (or suc-
cessor review body or process), is con-
vened by the Office of Refugee Reset-
tlement, provide the Ombudsperson 
with notice of the convening, including 
the location of the immigrant child 
concerned; 
(II) allow the Ombudsperson to 
attend the convening of such a panel 
(or successor review body or process), 
if the immigrant child concerned or 
the legal counsel or child advocate of 
such child requests the presence of the 
Ombudsperson; and 
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(III) notify the Ombudsperson of 
the decision of each such panel (or 
successor review body or process). 
(iii) 
CIVIL
ACTION
NOT
PRE-
CLUDED.—Any review conducted by the 
Ombudsperson under this subparagraph of 
a decision by a placement review panel or 
equivalent review body shall not preclude 
an immigrant child, or the legal counsel, 
child advocate, parent, or prospective spon-
sor of the immigrant child, from com-
mencing a civil action in any appropriate 
district court of the United States. 
(D) STAKEHOLDER MEETINGS.—Not less 
frequently than quarterly, the Ombudsperson 
shall invite community stakeholders, Flores set-
tlement agreement class counsel, and the Flores 
settlement agreement court-appointed monitor 
to participate in a meeting— 
(i) to ensure that the Ombudsperson 
is aware of stakeholder concerns and prior-
ities; and 
(ii) to provide feedback on stakeholder 
requests. 
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(E) 
REGIONAL
OFFICES.—The 
Ombudsperson shall establish regional offices of 
the Office of the Ombudsperson— 
(i) to ensure the inclusion of pertinent 
local and regional issues, trends, and chal-
lenges 
for 
consideration 
by 
the 
Ombudsperson; 
(ii) to strengthen State oversight; 
(iii) to coordinate with State licensing 
entities; and 
(iv) to identify and address differences 
among State child protection laws. 
(F) INDIVIDUAL CASE ASSISTANCE.— 
(i) IN GENERAL.—With respect to an 
immigration child in immigration custody, 
after consultation with the child’s attorney 
or legal service provider contracted to pro-
vide legal services, the Ombudsperson may 
offer individual case assistance to the child 
if the case of the immigrant child is long- 
pending or otherwise requires expedited 
processing or elevated attention, as deter-
mined by the Ombudsperson. 
(ii) COMMUNICATION.— 
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(I) IN
GENERAL.—To ensure a 
complete understanding of the status 
of a case described in clause (i), the 
Ombudsperson 
may 
communicate 
with— 
(aa) the immigrant child 
concerned; 
(bb) the family members 
and potential sponsor of such 
child; and 
(cc) the child advocate, legal 
counsel, Office of Refugee Reset-
tlement case manager and Fed-
eral field specialist, the General 
Dynamics 
Information 
Tech-
nology case coordinator, and any 
other relevant individual charged 
with case management of such 
child. 
(II) 
NOTIFICATION.—In 
any 
communication with an individual de-
scribed in items (aa) through (cc), the 
Ombudsperson shall— 
(aa) inform such individual 
that the individual may refuse to 
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continue communication with the 
Ombudsperson; and 
(bb) disclose the purpose of 
the communication and the scope 
of the role of the Ombudsperson. 
(G) SUBPOENA AUTHORITY.— 
(i) IN GENERAL.—Subject to the ap-
proval of the Secretary of Health and 
Human 
Services, 
the 
Ombudsperson 
may— 
(I) issue a subpoena to require 
the production of all information, re-
ports, and other documentary evidence 
necessary to carry out the duties of 
the Ombudsperson; and 
(II) invoke the aid of any appro-
priate court of the United States. 
(ii) TIMELINE
FOR
PRODUCTION
OF 
INFORMATION.—To prevent undue delay of 
the placement of an immigrant child, re-
quirements set forth in a subpoena under 
clause (i)(I) shall be satisfactorily fulfilled 
not later than 7 days after the date on 
which the Ombudsperson issues the sub-
poena. 
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