I 
115TH CONGRESS 
2D SESSION 
H. R. 5950 
To protect children affected by immigration enforcement actions. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 23, 2018 
Ms. ROYBAL-ALLARD (for herself, Mr. ESPAILLAT, Ms. JAYAPAL, Mr. SOTO, 
Mr. VELA, Mr. GALLEGO, and Mrs. NAPOLITANO) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary 
A BILL 
To protect children affected by immigration enforcement 
actions. 
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 ‘‘Humane Enforcement 
and Legal Protections for Separated Children Act’’ or the 
‘‘HELP Separated Children Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) APPREHENSION.—The term ‘‘apprehension’’ 
means the detention or arrest by officials of the De-
partment or cooperating entities. 
(2) CHILD.—The term ‘‘child’’ means an indi-
vidual who is younger than 18 years of age. 
(3) CHILD
WELFARE
AGENCY.—The term 
‘‘child welfare agency’’ means a State or local agen-
cy responsible for child welfare services under sub-
titles B and E of title IV of the Social Security Act 
(42 U.S.C. 601 et seq.). 
(4) COOPERATING ENTITY.—The term ‘‘cooper-
ating entity’’ means a State or local entity acting 
under agreement with the Secretary. 
(5) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(6) DETENTION FACILITY.—The term ‘‘deten-
tion facility’’ means a Federal, State, or local gov-
ernment facility, or a privately owned and operated 
facility, that is used, in whole or in part, to hold in-
dividuals under the authority of the Director of U.S. 
Immigration and Customs Enforcement, including 
facilities that hold such individuals under a contract 
or agreement with the Director. 
(7) IMMIGRATION ENFORCEMENT ACTION.—The 
term ‘‘immigration enforcement action’’ means the 
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apprehension of 1 or more individuals whom the De-
partment has reason to believe are removable from 
the United States by the Secretary or a cooperating 
entity. 
(8) PARENT.—The term ‘‘parent’’ means— 
(A) a biological or adoptive parent of a 
child, whose parental rights have not been relin-
quished or terminated under State law or the 
law of a foreign country; or 
(B) a legal guardian under State law or 
the law of a foreign country. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
SEC. 3. APPREHENSION PROCEDURES FOR IMMIGRATION 
ENFORCEMENT-RELATED ACTIVITIES. 
(a) APPREHENSION PROCEDURES.—In any immigra-
tion enforcement action, the Secretary and cooperating en-
tities shall— 
(1) as soon as possible, but generally not later 
than 2 hours after an immigration enforcement ac-
tion, inquire whether an individual is a parent or 
primary caregiver of a child in the United States 
and provide any such individuals with— 
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(A) the opportunity to make a minimum of 
2 telephone calls to arrange for the care of such 
child in the individual’s absence; and 
(B) contact information for— 
(i) child welfare agencies and family 
courts in the same jurisdiction as the child; 
and 
(ii) consulates, attorneys, and legal 
service providers capable of providing free 
legal advice or representation regarding 
child welfare, child custody determinations, 
and immigration matters; 
(2) notify the child welfare agency with jurisdic-
tion over the child if— 
(A) the child’s parent or primary caregiver 
is unable to make care arrangements for the 
child; or 
(B) the child is in imminent risk of serious 
harm; 
(3) ensure that personnel of the Department 
and cooperating entities do not, absent medical ne-
cessity or extraordinary circumstances— 
(A) interview individuals in the immediate 
presence of children; or 
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(B) compel or request children to interpret 
or translate for interviews of their parents or of 
other individuals who are encountered as part 
of an immigration enforcement action; 
(4) absent extraordinary circumstances, ensure 
that individuals who are the subject of an immigra-
tion enforcement action and are parents of children 
in the United States who are present during the ac-
tion are given an opportunity— 
(A) to communicate with their child, in-
cluding through physical contact; 
(B) to reassure their child; and 
(C) to share information regarding care ar-
rangements for their child while the parent is 
detained; and 
(5) ensure that any parent or primary caregiver 
of a child in the United States— 
(A) absent medical necessity or extraor-
dinary circumstances, is not transferred from 
his or her area of apprehension until the indi-
vidual— 
(i) has made arrangements for the 
care of such child; or 
(ii) if such arrangements are unavail-
able or the individual is unable to make 
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such arrangements, is informed of the care 
arrangements made for the child and of a 
means to maintain communication with the 
child; 
(B) absent medical necessity or extraor-
dinary circumstances, and to the extent prac-
ticable, is placed in a detention facility that is— 
(i) proximate to the location of appre-
hension; and 
(ii) proximate to the child’s habitual 
place of residence; and 
(C) receives due consideration of the best 
interests of such child in any decision or action 
relating to his or her detention, release, or 
transfer between detention facilities. 
(b) REQUESTS TO STATE AND LOCAL ENTITIES.— 
If the Secretary requests a State or local entity to hold 
in custody an individual whom the Department has reason 
to believe is removable pending transfer of such individual 
to the custody of the Secretary or to a detention facility, 
the Secretary shall request that the State or local entity 
provide the individual the protections specified in para-
graphs (1) and (2) of subsection (a) if such individual is 
the parent or primary caregiver of a child in the United 
States. 
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(c) PROTECTIONS
AGAINST
TRAFFICKING
PRE-
SERVED.—Nothing in this section may be construed to im-
pede, delay, or limit the obligations of the Secretary, the 
Attorney General, or the Secretary of Health and Human 
Services under— 
(1) section 235 of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act 
of 2008 (8 U.S.C. 1232); 
(2) section 462 of the Homeland Security Act 
of 2002 (6 U.S.C. 279); or 
(3) the Stipulated Settlement Agreement filed 
in the United States District Court for the Central 
District of California on January 17, 1997 (CV 85– 
4544–RJK) (commonly known as the ‘‘Flores Settle-
ment Agreement’’). 
SEC. 4. ACCESS TO CHILDREN, STATE AND LOCAL COURTS, 
CHILD WELFARE AGENCIES, AND CONSULAR 
OFFICIALS. 
At all detention facilities, the Secretary shall— 
(1) prominently post, in a manner accessible to 
detainees and visitors, and include in detainee hand-
books— 
(A) information regarding the protections 
required under this Act; and 
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(B) information regarding potential eligi-
bility for parole or release; 
(2) absent extraordinary circumstances, ensure 
that individuals who are detained by the Department 
and are parents or legal guardians of children in the 
United States are— 
(A) permitted regular phone calls and con-
tact visits with their children; 
(B) provided with contact information for 
child welfare agencies and family courts in the 
relevant jurisdictions; 
(C) given the opportunity to participate 
fully and, to the extent possible, in person— 
(i) in all family court proceedings; and 
(ii) in any other proceedings that may 
impact their right to custody of their chil-
dren; 
(D) granted free and confidential telephone 
calls to relevant child welfare agencies and fam-
ily courts as often as is necessary to ensure 
that the best interest of their children, includ-
ing a preference for family unity whenever ap-
propriate, can be considered in child welfare 
agency or family court proceedings; 
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(E) able to fully comply with all family 
court or child welfare agency orders impacting 
custody of their children; 
(F) provided access to United States pass-
port applications or other relevant travel docu-
ment applications for the purpose of obtaining 
travel documents for their children; 
(G) afforded timely access to a notary pub-
lic for the purpose of applying for a passport 
for their children or executing guardianship or 
other agreements to ensure the safety of their 
children; and 
(H) granted adequate time and oppor-
tunity before removal to obtain passports, 
apostilled birth certificates, travel documents, 
and other necessary records on behalf of their 
children if such children will accompany them 
on their return to their country of origin or join 
them in their country of origin; and 
(3) if doing so would not impact public safety 
or national security, facilitate the ability of detained 
alien parents and primary caregivers to share infor-
mation regarding travel arrangements with their 
consulate, children, child welfare agencies, or other 
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caregivers in advance of the detained alien individ-
ual’s departure from the United States. 
SEC. 5. MANDATORY TRAINING. 
The Secretary, in consultation with the Secretary of 
Health and Human Services and independent child welfare 
and family law experts, shall develop and provide training 
on the protections required under sections 3 and 4 to all 
personnel of the Department, cooperating entities, and de-
tention facilities operated by or under agreement with the 
Department who— 
(1) regularly engage in immigration enforce-
ment actions, including detention; and 
(2) in the course of such actions, come into con-
tact with individuals who are parents or primary 
caregivers of children in the United States. 
SEC. 6. RULEMAKING. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary shall promulgate regula-
tions to implement sections 3 and 4. 
SEC. 7. SEVERABILITY. 
If any provision of this Act, any amendment made 
by this Act, or the application of any such provision or 
amendment to any person or circumstance is held to be 
unconstitutional, the remaining provisions of this Act, the 
remaining amendments made by this Act, and the applica-
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tion of such provisions and amendments to any person or 
circumstance shall not be affected by such holding. 
Æ 
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