‘‘(1) NOTICE.—The Secretary of Homeland Se-
curity shall, for each individual detained under this 
section— 
‘‘(A) consider whether the individual war-
rants a favorable exercise of prosecutorial dis-
cretion; 
‘‘(B) file a notice to appear or other rel-
evant charging document with the immigration 
court closest to the location where the appre-
hension of such individual occurred; and 
‘‘(C) serve such notice on such individual 
not later than 48 hours after the commence-
ment of detention. 
‘‘(2) CUSTODY
DETERMINATION.—Any indi-
vidual who is detained under this section for more 
than 48 hours shall be brought before an immigra-
tion judge for a custody determination not later than 
72 hours after the commencement of such detention 
unless the individual waives such right in accordance 
with paragraph (3). 
‘‘(3) WAIVER.—The requirements under this 
subsection may be waived for 7 days if the indi-
vidual— 
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‘‘(A) enters into a written agreement with 
the Department of Homeland Security to waive 
such requirement; and 
‘‘(B) is eligible for immigration benefits or 
demonstrates eligibility for a defense against re-
moval.’’. 
(2) APPLICABILITY OF OTHER LAW.—Nothing 
in 236(f) of the Immigration and Nationality Act, as 
added by paragraph (1), may be construed to repeal 
section 236A of such Act (8 U.S.C. 1226a). 
SEC. 6. CHILD WELFARE SERVICES FOR CHILDREN SEPA-
RATED FROM PARENTS DETAINED OR RE-
MOVED FROM THE UNITED STATES FOR IM-
MIGRATION VIOLATIONS. 
(a) STATE PLAN REQUIREMENTS.—Section 471(a) 
of the Social Security Act (42 U.S.C. 671(a)) is amend-
ed— 
(1) by striking ‘‘and’’ at the end of paragraph 
(32); 
(2) by striking the period at the end of para-
graph (33) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(34) provides that the State shall— 
‘‘(A) create and implement protocols to 
provide guidance on how all employees of State 
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agencies providing services to children under 
the State plan should handle cases of separated 
children that take into account the best interest 
of the child, including a preference for family 
unity whenever appropriate; 
‘‘(B) develop and implement memoranda of 
understanding or protocols with Federal, State, 
and local government agencies to facilitate com-
munication between such agencies and— 
‘‘(i) each separated child; 
‘‘(ii) a parent, guardian, or relative 
referred to in section 475(9)(B); 
‘‘(iii) family members of such child; 
‘‘(iv) family courts; 
‘‘(v) providers of services to such child 
under the State plan; 
‘‘(vi) providers of long-term care to 
such child; and 
‘‘(vii) legal representatives of such 
child or of such a parent, guardian, or rel-
ative; 
‘‘(C) develop and implement joint protocols 
and training with law enforcement agencies to 
minimize the trauma to a child, at the time of 
apprehension of a parent, legal guardian, or 
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primary caretaker relative of such child, after 
which such child will become a separated child, 
including protocols and training for conducting 
such apprehensions in the presence of such 
child and ensuring appropriate and prompt care 
arrangements for such child after apprehension 
occurs; 
‘‘(D) ensure that the case manager for a 
separated child is capable of communicating in 
the native language of such child and of the 
family of such child, or an interpreter who is so 
capable is provided to communicate with such 
child and the family of such child at no cost to 
the child or the family of such child; 
‘‘(E) require that, in all decisions and ac-
tions relating to the care, custody, and place-
ment of a separated child, the best interest of 
such child, including a preference for family 
unity, be considered, and ensure that such deci-
sions are based on clearly articulated factors 
that do not include predictions or conclusions 
about immigration status or pending Federal 
immigration proceedings; 
‘‘(F) coordinate with the Department of 
Homeland Security to ensure that parents who 
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wish for their child to accompany them to their 
country of origin are given adequate time to ob-
tain a passport and visa, collect all relevant 
vital documents such as birth certificate, health, 
and educational records, and other information; 
‘‘(G) preserve, to the greatest extent pos-
sible, the privacy and confidentiality of all infor-
mation gathered in the course of administering 
the care, custody, and placement of, and follow- 
up services provided to, a separated child, con-
sistent with the best interest of such child, by 
not disclosing such information to other govern-
ment agencies or persons (other than a parent, 
guardian, or relative or such child), except that 
the head of the State agency may disclose such 
information— 
‘‘(i)(I) when authorized to do so by 
the child (if the child has attained 18 years 
of age) if the disclosure is consistent with 
the best interest of the child; or 
‘‘(II) to a law enforcement agency if 
the disclosure would prevent imminent and 
serious harm to another individual; and 
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‘‘(ii) if such information is shared, all 
disclosures shall be duly recorded in writ-
ing and placed in the file of the child; and 
‘‘(H) not less frequently than annually, 
compile, update, and publish a list of entities in 
the State who are qualified to provide guardian 
and legal representation services for a separated 
child in a language such child can read and un-
derstand.’’. 
(b) ADDITIONAL INFORMATION TO BE INCLUDED IN 
CASE PLAN.—Section 475(1) of such Act (42 U.S.C. 
675(1)) is amended by adding at the end the following: 
‘‘(H) In the case of a separated child with 
respect to whom the State plan requires the 
State to provide services pursuant to section 
471(a)(34)— 
‘‘(i) the location of the parent, guard-
ian, or relative referred to in paragraph 
(9)(B) of this subsection from whom the 
child has been separated; and 
‘‘(ii) a written record of each disclo-
sure to a government agency or person 
(other than such a parent, guardian, or 
relative) of information gathered in the 
course of tracking the care, custody, and 
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SEC. 7. REPORT ON PROTECTIONS FOR VULNERABLE POP-
ULATIONS IMPACTED BY IMMIGRATION EN-
FORCEMENT ACTIVITIES. 
(a) REQUIREMENT FOR REPORTS.—Not later than 1 
year after the date of the enactment of this Act, and annu-
ally thereafter, the Secretary of Homeland Security shall 
submit a report to Congress that describes the impact of 
immigration enforcement activities and fugitive operations 
on United States citizens, lawful permanent residents, in-
dividuals otherwise lawfully present in the United States, 
and, where possible, undocumented aliens present in the 
United States. 
(b) CONTENT.—The report submitted under sub-
section (a) shall include an assessment of— 
(1) the number of individuals apprehended dur-
ing immigration enforcement-related activities who 
are children, United States citizens, lawful perma-
nent residents, or lawfully present non-citizens; 
(2) immigration enforcement-related activities 
at homes, schools, school bus stops, day care cen-
ters, colleges, places of worship, hospitals, health 
care clinics, funeral homes, cemeteries, victim serv-
ices agencies, social services agencies, head start 
centers, recreation centers, legal service providers, 
courts, and community centers; 
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(3) apprehensions, detentions, and removals of 
sole caregivers, primary breadwinners, pregnant and 
nursing mothers, and other vulnerable groups during 
an immigration enforcement-related activity; 
(4) the extent to which the Department of 
Homeland Security cooperates and coordinates with 
State and local law enforcement during immigration 
enforcement-related activities; 
(5) the number of immigration enforcement-re-
lated apprehensions resulting from cooperation with 
State and local law enforcement; 
(6) whether apprehended individuals are pro-
vided access to a telephone; 
(7) how quickly apprehended individuals are 
provided access to a telephone; 
(8) the manner through which family members 
of the target population of the immigration enforce-
ment-related activity are notified of the detention of 
a family member; 
(9) the number of parents, legal guardians, or 
primary caregivers of children removed from the 
United States; 
(10) the number of parents, legal guardians, or 
primary caregivers of children removed from the 
United States whose children accompany or join; 
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(11) the number of parents, legal guardians, or 
primary caregivers of children removed from the 
United States without their children; 
(12) the number of occasions on which both 
parents of a particular child are removed from the 
United States without such child; 
(13) the length of time that parents, legal 
guardians, or primary caregivers of children have 
been present in the United States prior to removal 
from the United Sates; 
(14) the number of United States citizen chil-
dren that remain in the United States after the re-
moval of a parent, guardian, or caregiver; 
(15) the number of apprehended individuals 
who are determined to be part of a vulnerable popu-
lation released within the time limit specified under 
section 4(c); 
(16) the length of time between when an indi-
vidual is determined to be part of a vulnerable popu-
lation and when that individual is released under 
section 4(c); 
(17) the methodology of the Department of 
Homeland Security for notifying agents and entities 
under agreement with the Department of Homeland 
Security about standards regarding enforcement ac-
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tions concerning vulnerable populations and holding 
such agents and entities accountable when such 
standards are violated; 
(18) the number of officials of the Department 
of Homeland Security disciplined for violations dur-
ing apprehensions and in making detention deci-
sions; 
(19) transfers of immigrants during the course 
of an immigration enforcement activity, including 
whether such immigrants— 
(A) had access to legal counsel before 
being transferred; 
(B) received notice of an impending trans-
fer; and 
(C) were evaluated for vulnerability under 
section 3(b)(9) before being transferred; 
(20) apprehension procedures for immigration 
enforcement-related activities, and compliance with 
screening procedures for vulnerable populations; 
(21) recommendations for improving immigra-
tion enforcement-related activities and fugitive oper-
ations by reducing the negative impact on children 
and vulnerable populations; and 
(22) alternatives to detention programs, includ-
ing the types of programs used, number of individ-
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uals placed in such programs, reasons for not plac-
ing immigrants that qualify as a member of a vul-
nerable population as defined in section 4(b) in such 
programs, percentage of cases in which adjustment 
of immigration status is granted, percentage of cases 
in which removal is undertaken, and frequency of 
absconding. 
SEC. 8. VULNERABLE POPULATION AND CHILD WELFARE 
TRAINING FOR IMMIGRATION ENFORCEMENT 
OFFICERS. 
(a) MANDATORY TRAINING.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security, in consultation with the Secretary of 
Health and Human Services and independent child 
welfare experts, shall mandate live specialized train-
ing in all legal authorities, policies, and procedures 
pertaining to the humanitarian and due process pro-
tections for these vulnerable populations for all Fed-
eral personnel, relevant personnel employed by 
States reimbursed for activities related to care and 
services for separated children, and State and local 
personnel and SSA personnel who come into contact 
with vulnerable populations as defined in section 
3(b). 
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(2) VULNERABLE
POPULATIONS.—The per-
sonnel listed in paragraph (1) shall be trained to 
work with vulnerable populations, including identi-
fying members of such populations for whom asylum 
or special juvenile immigrant relief may be appro-
priate. 
(3) BEST PRACTICES.—Participants will be re-
quired to undertake periodic and continuing training 
on best practices and changes in the law, policies, 
and procedures for these vulnerable populations. 
(b) MEMORANDA
OF UNDERSTANDING.—The Sec-
retary of Homeland Security shall require all law enforce-
ment agencies under agreement with the Department of 
Homeland Security to establish Memoranda of Under-
standing with SSAs with respect to the availability of serv-
ices, as well as the best ways to cooperate and facilitate 
ongoing communication as it pertains to the humanitarian 
and due process protections for vulnerable populations as 
defined in section 4(b). 
SEC. 9. ACCESS FOR PARENTS, LEGAL GUARDIANS, AND, 
PRIMARY CAREGIVER RELATIVES. 
(a) IN GENERAL.—The Secretary of the Department 
of Homeland Security shall ensure that all detention facili-
ties operated by or under agreement with the Department 
take steps to ensure that the best interest of the child, 
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including a preference for family unity whenever appro-
priate, can be considered in decisions and actions relating 
to the custody of children whose parent, legal guardian, 
or primary caregiver relative is detained by reason of im-
migration status. 
(b) TRAINING.—The Secretary of Homeland Secu-
rity, in consultation with the Department of Health and 
Human Services, the Department of Justice, the Depart-
ment of State, and independent family law experts, shall 
mandate live, specialized training of all personnel at deten-
tion facilities operated by the Department of Homeland 
Security or under agreement with the Department of 
Homeland Security in all legal authorities, policies, and 
procedures related to ensuring that parents, legal guard-
ians, and primary caregiver relatives of children have reg-
ular, ongoing and in-person access to children, State fam-
ily courts, consular officers, and staff of State social serv-
ice agencies responsible for administering child welfare 
programs. Such personnel shall be required to undertake 
periodic and continuing training on best practices and 
changes in relevant law, policies, and procedures per-
taining to the preservation of family unity. 
(c) ACCESS
TO CHILDREN, LOCAL
AND STATE 
COURTS, CHILD PROTECTIVE SERVICES, AND CONSULAR 
OFFICIALS.—The Secretary of Homeland Security— 
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(1) shall ensure that detained parents, legal 
guardians, and primary caregiver relatives of chil-
dren under 18 years of age— 
(A) are granted free and confidential 
phone calls with their children on a daily basis; 
(B) are permitted regular contact visits 
with their children; 
(C) are able to participate fully, and to the 
extent possible in-person, in all family court 
proceedings and any other proceeding impacting 
upon custody of their children; 
(D) are able to fully participate in and 
comply with all family court and child welfare 
agency orders impacting upon custody of their 
children; 
(E) have regular, on-site access to reunifi-
cation programming including parenting class-
es; 
(F) are provided with contact information 
for child protective services entities and family 
courts in all fifty States, the District of Colum-
bia, all United States territories, and are grant-
ed free, confidential, and unlimited telephone 
access to child protective services entities and 
family courts to report child abuse, abandon-
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ment, or neglect as often as is necessary to en-
sure that the best interests of the child, includ-
ing a preference for family unity where appro-
priate, can be considered; 
(G) are granted regular, confidential and 
in-person access to consular officials; free, un-
limited, confidential phone calls to consular offi-
cials; and access to United States passport ap-
plications for the purpose of obtaining travel 
documents for their children; and 
(H) who wish to take their children with 
them to their country of origin are granted ade-
quate time prior to being removed to obtain a 
birth certificate and a passport and other rel-
evant documents necessary for children to ac-
company them on their return to their country 
of origin or join them in their country of origin; 
and 
(2) shall facilitate the ability of detained par-
ents, legal guardians, and primary caregiver relatives 
to reunify with their children under 18 years of age 
at the time of removal to their country of origin, in-
cluding providing information about the travel ar-
rangements of the detained parent, legal guardian, 
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or primary caregiver relative to State social service 
agencies or other caregivers. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this Act. 
SEC. 11. REGULATIONS. 
Not later than 6 months after the date of the enact-
ment of this Act, the Secretary shall promulgate regula-
tions to implement this Act, in accordance with the notice 
and comment requirements under subchapter II of chapter 
5 of title 5, United States Code (commonly referred to 
as the Administrative Procedure Act). 
Æ 
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