I 
117TH CONGRESS 
1ST SESSION H. R. 1238 
To establish the Office of the Ombudsperson for Immigrant Children in 
Government Custody, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 23, 2021 
Ms. JAYAPAL introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Homeland 
Security, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To establish the Office of the Ombudsperson for Immigrant 
Children in Government 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 Government 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 
detains or holds in custody an immi-
grant child. 
(4) 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). 
(5) IMMIGRANT CHILD.—The term ‘‘immigrant 
child’’ means an alien (as defined in section 101(a) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) under the age of 18 years. 
(6) IN-NETWORK FACILITY.—The term ‘‘in-net-
work facility’’ means a facility operated by an Office 
of Refugee Resettlement grantee, subgrantee, con-
tractor, or subcontractor. 
(7) OFFICE OF REFUGEE RESETTLEMENT FA-
CILITY.—The term ‘‘Office of Refugee Resettlement 
facility’’— 
(A) means— 
(i) a shelter; 
(ii) staff secure, secure care, or transi-
tional foster care housing; or 
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(iii) any other location operated by 
the Office of Refugee Resettlement to hold 
immigrant children; and 
(B) includes an in-network facility and an 
out-of-network facility. 
(8) 
OMBUDSPERSON.—The 
term 
‘‘Ombudsperson’’ means the ombudsperson ap-
pointed under section 3(c). 
(9) 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. 
(10) 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 and with the full cooperation of the Di-
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rector or the Secretary of Homeland Security, 
as applicable. 
(11) 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 GOVERNMENT CUSTODY. 
(a) ESTABLISHMENT.—There is established, within 
the Department of Health and Human Services, an Office 
of the Ombudsperson for Immigrant Children in Govern-
ment Custody (referred to in this section as the ‘‘Office 
of the Ombudsperson’’)— 
(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 Government 
custody is required— 
(A) to ensure that immigrant children are 
only detained or held in Government custody in 
the least restrictive setting; 
(B) to advocate for the quick, safe, and ef-
ficient release of immigrant children from de-
tention or Government custody whenever pos-
sible; and 
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(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 
concurrent release of the parent or legal guard-
ian of the child. 
(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.— 
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(A) 
MONITORING.—The 
Ombudsperson 
shall monitor facilities for compliance with ap-
plicable law and standards, including— 
(i) the Flores settlement agreement; 
(ii) section 235 of the William Wilber-
force Trafficking Victims Protection Reau-
thorization 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. Customs 
and Border Protection entitled ‘‘National 
Standards on Transport, Escort, Deten-
tion, and Search’’ issued in October 2015; 
and 
(v) internal Office of Refugee Reset-
tlement policy guidance, including the 
guidance entitled ‘‘ORR Policy Guide: 
Children Entering the United States Unac-
companied’’ issued on January 30, 2015. 
(B) INVESTIGATIONS.— 
(i) IN GENERAL.—The Ombudsperson 
shall investigate— 
(I) claims of abuse, neglect, or 
mistreatment of immigrant children, 
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by the Government or any other enti-
ty, while in Government custody; and 
(II) complaints against foster 
care providers, including foster care 
providers under State oversight. 
(ii) REPORTING OF STATE LICENSING 
VIOLATIONS.—If in the course of an inves-
tigation 
under 
clause 
(i)(II) 
the 
Ombudsperson discovers a State licensing 
violation, the Ombudsperson shall report 
the violation to the child welfare licensing 
agency of the applicable State. 
(C) OVERSIGHT OF OFFICE OF REFUGEE 
RESETTLEMENT.— 
(i) IN GENERAL.—The Ombudsperson 
shall provide oversight of the Director by 
reviewing placement decisions, including 
sponsor denials, that are contested by an 
immigrant child or the attorney, child ad-
vocate, parent, or prospective sponsor of 
the immigrant child. 
(ii) EXPEDITED
REVIEW
OF
CON-
TESTED PLACEMENT DECISIONS.— 
(I) IN GENERAL.—Not later than 
15 days after the date on which re-
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which the Director receives the 
recommendation, 
the 
Director 
shall issue a written response, in-
cluding a detailed justification. 
(bb) 
NONDELEGATION.— 
The Director may not delegate 
the requirement to issue a writ-
ten statement under this sub-
clause. 
(iii) 
CIVIL
ACTION
NOT
PRE-
CLUDED.—Review by the Ombudsperson 
under this subparagraph shall not preclude 
an immigrant child, or the attorney, child 
advocate, parent, or prospective sponsor of 
the immigrant child, from simultaneously 
commencing a civil action in any appro-
priate 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— 
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(i) to ensure that the Ombudsperson 
is aware of stakeholder concerns and prior-
ities; and 
(ii) to provide feedback on stakeholder 
requests. 
(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.—The Ombudsperson 
may offer individual case assistance to an 
immigrant child who is in Government cus-
tody if the case of the immigrant child is 
long-pending or otherwise requires expe-
dited processing or elevated attention, as 
determined by the Ombudsperson. 
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(ii) COMMUNICATION.—To ensure a 
complete understanding of the status of a 
case 
described 
in 
clause 
(i), 
the 
Ombudsperson may communicate with the 
potential sponsor, family members, child 
advocate, legal counsel, Office of Refugee 
Resettlement case manager and Federal 
field specialist, the General Dynamics In-
formation Technology case coordinator, 
and any other relevant individual charged 
with case management of the immigrant 
child concerned. 
(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. 
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(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. 
(H) REPORTING MECHANISMS.— 
(i) IN GENERAL.—The Ombudsperson 
shall establish and maintain— 
(I) a toll-free telephone number 
to receive complaints and reports of 
matters for investigation; and 
(II) an email address to receive 
complaints, such reports, and requests 
for review of placement decisions. 
(ii) 
AVAILABILITY.—The 
Ombudsperson shall ensure that— 
(I) such telephone number is 
made available, and a telephone is ac-
cessible, to each immigrant child in a 
facility; and 
(II) such email address is made 
available to sponsors, Flores settle-
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ment agreement class counsel, and 
legal services providers and child ad-
vocates who serve such immigrant 
children. 
(I) REPORT TO CONGRESS.— 
(i) IN GENERAL.—Not later than Sep-
tember 30 each year, the Ombudsperson 
shall submit to Congress a report on the 
accomplishments and challenges of the Of-
fice of the Ombudsperson during the fiscal 
year ending on that date. 
(ii) ELEMENTS.—Each report re-
quired by clause (i) shall include, for the 
applicable fiscal year, the following: 
(I) A summary of the status of 
immigrant children in Government 
custody that highlights broader trends 
and recommendations for future ac-
tion. 
(II) Statistical information on 
immigrant children in Government 
custody, together with an analysis of 
such information. 
(III) A summary of complaints 
received and proposed resolutions. 
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(IV) A detailed description of any 
investigation into a claim of abuse, 
neglect, or mistreatment of an immi-
grant child in Government custody, 
including a summary of the results of 
any such investigation. 
(V) A description of the objec-
tives 
of 
the 
Office 
of 
the 
Ombudsperson for the next fiscal 
year. 
(J) 
ADDITIONAL
DUTIES.—The 
Ombudsperson shall— 
(i) conduct a review of data collection, 
as described in section 4(a); 
(ii) establish the Committee, as de-
scribed in section 5; and 
(iii) enter into a memorandum of un-
derstanding, as described in section 6(a). 
(d) ACCESS
TO
FACILITIES.—The Secretary of 
Health and Human Services and the Secretary of Home-
land Security shall ensure— 
(1) unobstructed access by the Ombudsperson 
to any facility; and 
(2) the ability of the Ombudsperson— 
(A) to monitor any facility; and 
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