tionality Act (8 U.S.C. 1225(1)(B)(iii)(IV), 
1226(c), and 1226a); 
(B) the alien poses a danger to others or 
is a risk to national security; or 
(C) the alien is a flight risk and any risk 
of flight cannot be mitigated by supervision or 
bond. 
(2) If an alien is determined not to meet the re-
quirements for release on recognizance, bond or pa-
role, or subsequently does not meet the requirements 
for non-custodial alternatives to detention programs, 
the alien may be considered for placement in alter-
natives to detention programs that maintain custody 
over the alien, such as through the use of electronic 
ankle devices or heightened supervision and moni-
toring procedures. The Secretary of the Department 
of Homeland Security shall make an individualized 
determination in each alien’s case about the use of 
electronic monitoring and shall review such decision 
on a monthly basis. Aliens who would otherwise be 
subject to detention including under INA section 
236(c) may be placed in electronic monitoring or 
other secure custodial alternatives to detention that 
maintain custody over the alien. 
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(3) Decisions under this section shall specify in 
writing the reasons for the decision and be served 
upon the individual in their native language within 
72 hours of the individual’s detention or, in the case 
of an individual subject to INA sections 235, 238, 
or 241(a)(5) within 72 hours of a positive credible 
or reasonable fear determination. Decisions under 
this section are subject to redetermination at any 
time by an Immigration Judge. 
SEC. 5. CUSTODY DETERMINATION. 
(a) AMENDMENT.—Section 236 of the Immigration 
and Nationality Act (8 U.S.C. 1226) is amended— 
(1) by redesignating subsection (e) as sub-
section (h); 
(2) by redesignating subsections (b), (c), and 
(d) as subsections (c), (d), and (e), respectively; and 
(3) by inserting before subsection (h), as redes-
ignated, the following: 
‘‘(g) RIGHT TO ACCESS COUNSEL.—An individual 
who has been detained under this section may be rep-
resented, at no expense to the Federal Government, by 
counsel of the individual’s choosing while being subject to 
any immigration enforcement-related activity, including— 
‘‘(1) interviews; 
‘‘(2) processing appointments; 
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‘‘(3) booking or intake questions; 
‘‘(4) hearings; and 
‘‘(5) any proceeding which may result in a con-
clusion that the individual will be detained or re-
moved from the United States.’’. 
(b) NOTICE.— 
(1) AMENDMENT.—Section 236 of the Immi-
gration and Nationality Act, as amended by sub-
section (a), is further amended by inserting before 
subsection (g) the following: 
‘‘(f) NOTICE AND CHARGES.— 
‘‘(1) NOTICE.—The Secretary of Homeland Se-
curity shall, for each individual detained under this 
section— 
‘‘(A) file a notice to appear or other rel-
evant charging document with the closest immi-
gration court to where the individual was appre-
hended; and 
‘‘(B) serve such notice on the individual 
not later than 48 hours after the commence-
ment of the individual’s 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 
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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— 
‘‘(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); 
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(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 
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 consideration of the best 
outcome for the family of the child; 
‘‘(B) develop and implement memoranda of 
understanding or protocols with the Depart-
ment of Homeland Security, Federal, State, 
and local government agencies to facilitate com-
munication between the agencies and such a 
child, a parent, guardian, or relative referred to 
in section 475(9)(B), family members of such a 
child, family courts, providers of services to 
such a child under the State plan, providers of 
long-term care to such a child, and legal rep-
resentatives of such a child or of such a parent, 
guardian, or relative; 
‘‘(C) develop and implement joint protocols 
and training with law enforcement agencies to 
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minimize the trauma, at the time of the appre-
hension of such a parent, guardian, or relative, 
to a child who will become a separated child as 
a result of the apprehension, including protocols 
and training for apprehension of such a parent, 
guardian, or relative in the presence of the child 
and how to best ensure appropriate and prompt 
care arrangements for the child; 
‘‘(D) ensure that the case manager for 
such a child is capable of communicating in the 
native language of the child and of the family 
of the child, or an interpreter who is so capable 
is provided to communicate with the child and 
the family of the child at no cost to the child 
or the family of the child; 
‘‘(E) require that, in all decisions and ac-
tions relating to the care, custody, and place-
ment of such a child, the best interest of the 
child, including the best outcome for the family 
of the child, be considered, and ensure that the 
decisions are based on clearly articulated fac-
tors that do not include predictions or conclu-
sions about immigration status or pending Fed-
eral immigration proceedings; 
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‘‘(F) coordinate with the Department of 
Homeland Security to ensure that parents of 
such a child who wish for the child to accom-
pany them to their country of origin are given 
adequate time to obtain 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, such a child, consistent 
with the best interest of the child, by not dis-
closing such information to other government 
agencies or persons (other than such a parent, 
guardian, or relative), except that the head of 
the State agency (or the designee of the head) 
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 
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‘‘(II) to a law enforcement agency if 
the disclosure would prevent imminent and 
serious harm to another individual; and 
‘‘(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 such a 
child in a language the 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 
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(other than such a parent, guardian, or 
relative) of information gathered in the 
course of tracking the care, custody, and 
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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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, lawfully present non-citizens; 
(2) 
immigration-related 
apprehensions 
at 
homes, schools, school bus stops, day care centers, 
colleges, places of worship, hospitals, health care 
clinics, funeral homes, cemeteries, victim services 
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 their family 
member’s detention; 
(9) the number of parents, guardians, or care-
givers of children removed from the United States; 
(10) the number of parents, guardians, or care-
givers of children removed from the United States 
whose children accompany or join them; 
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(11) the number of parents, guardians, or care-
givers of children removed from the United States 
who are removed without their children; 
(12) the number of occasions on which both 
parents of a particular children are removed from 
the United States without their children; 
(13) the length of time the parents, guardians, 
or caregivers of children were present in the United 
States before their 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 individuals apprehended de-
termined to be part of a vulnerable population re-
leased within specified time limit 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 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-
tions concerning vulnerable populations and holding 
them accountable when such standards are violated; 
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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 of all Federal personnel, relevant personnel em-
ployed by those States reimbursed for activities re-
lated to care and services for separated children, and 
State and local personnel and relevant SSAs, who 
come into contact with vulnerable populations as de-
fined at section 3(b) in all relevant legal authorities, 
policies, and procedures pertaining to the humani-
tarian and due process protections for these vulner-
able populations. 
(2) VULNERABLE
POPULATIONS.—Such per-
sonnel shall be trained to work with vulnerable popu-
lations, including identifying members of a vulner-
able population, and identifying members of a vul-
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nerable population for whom asylum or special juve-
nile immigrant relief may be appropriate. 
(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 relevant to the humanitarian and due process protec-
tions 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 preserve family unity and ensure that the 
best outcome for families can be considered in decisions 
and actions relating to the custody of children whose par-
ent, legal guardian, or primary caregiver relative is de-
tained by reason of the parent’s, legal guardian’s, or pri-
mary caregiver relative’s immigration status. 
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(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 relevant legal authorities, poli-
cies and procedures related to ensuring that parents, legal 
guardians, and primary caregiver relatives of children 
have regular, ongoing and in-person access to children, 
State family courts, consular officers and staff of State 
social service agencies responsible for administering child 
welfare programs. Such personnel shall be required to un-
dertake 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 shall 
be responsible for— 
(1) ensuring that detained parents, legal guard-
ians, and primary caregiver relatives of children 
under 18 years of age are granted free and confiden-
tial phone calls with their children on a daily basis; 
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(2) ensuring that detained parents, legal guard-
ians, and primary caregiver relatives of children 
under 18 years of age are permitted regular contact 
visits with their children; 
(3) ensuring that detained parents, legal guard-
ians, and primary caregiver relatives of children 
under 18 years of age are able to participate fully, 
and to the extent possible in-person, in all family 
court proceedings and any other proceeding impact-
ing upon custody of their children; 
(4) ensuring that detained parents, legal guard-
ians, and primary caregiver relatives of children 
under 18 years of age are able to fully participate 
in and comply with all family court orders impacting 
upon custody of their child; 
(5) ensuring that detained parents, legal guard-
ians, and primary caregiver relatives of children 
under 18 years of age have regular, on-site access to 
reunification programming including parenting class-
es; 
(6) ensuring that detained parents, legal guard-
ians, and primary caregiver relatives of children 
under 18 years of age are provided with contact in-
formation for child protective services entities and 
family courts in all fifty States, the District of Co-
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lumbia, all United States territories, and are granted 
free, confidential, and unlimited telephone access to 
child protective services entities and family courts to 
report child abuse, abandonment or neglect; 
(7) ensuring that detained parents, legal guard-
ians, and primary caregiver relatives of children 
under 18 years of age are granted regular, confiden-
tial and in-person access to consular officials; free, 
unlimited, confidential phone calls to consular offi-
cials; and access to United States passport applica-
tions for the purpose of obtaining travel documents 
for their children; 
(8) ensuring that detained parents, legal guard-
ians, and primary caregiver relatives of children 
under 18 years of age who wish to take their chil-
dren with them to their country of origin are grant-
ed adequate time prior to being removed to obtain 
a passport and other relevant travel documents nec-
essary for children to accompany them on their re-
turn to their country of origin or join them in their 
country of origin; and 
(9) facilitating detained parents’, legal guard-
ians’, and primary caregiver relatives’ ability to re-
unify with their children under 18 years of age at 
the time of removal to their country of origin, in-
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cluding providing information about the detained 
parent, legal guardian, or primary caregiver rel-
ative’s travel arrangements 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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