he or she understands, that he or she is entitled 
to— 
(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 the child’s parent or primary 
caregiver is unable to make care arrangements for 
the child or if the child is in imminent risk of seri-
ous harm; 
(3) ensure that personnel of the Department 
and cooperating entities do not, absent medical ne-
cessity or extraordinary circumstances, interview in-
dividuals in the immediate presence of children over 
the age of 2 unless the parent or primary caregiver 
gives permission, or compel or request children to in-
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terpret or translate for interviews of their parents or 
of other individuals who are encountered as part of 
an immigration enforcement action; 
(4) 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 
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 is placed in a detention 
facility either— 
(i) proximate to the location of appre-
hension; or 
(ii) proximate to the individual’s ha-
bitual place of residence; and 
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(iii) absent medical necessity or ex-
traordinary circumstances, is not trans-
ferred from such facility unless necessary 
to facilitate participation in child welfare 
proceedings; 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; and 
(5) issue guidance prohibiting personnel of the 
Department and cooperating entities from appre-
hending persons on the premises or in the immediate 
vicinity of day care centers, head start centers, 
schools, school bus stops, recreation centers, legal 
service providers, courts, funeral homes, cemeteries, 
colleges, victim services agencies, social service agen-
cies, hospitals, health care clinics, community cen-
ters, and places of worship, absent exceptional cir-
cumstances. 
(b) REQUESTS TO LOCAL AND STATE ENTITIES.— 
If the Secretary requests a State or local entity to hold 
in custody an individual who the Department has reason 
to believe is removable pending transfer of that individual 
to the custody of the Secretary or to a detention facility, 
the Secretary shall also request that the State or local en-
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tity provide the individual the protections specified in 
paragraphs (1) and (2) of subsection (a), if that individual 
is found to be the parent or primary caregiver of a child 
in the United States. 
(c) PROTECTIONS
AGAINST
TRAFFICKING
PRE-
SERVED.—The provisions of this section shall not be con-
strued to impede, delay, or in any way limit the obligations 
of the Secretary, the Attorney General, or the Secretary 
of Health and Human Services under section 235 of the 
William Wilberforce Trafficking Victims Protection Reau-
thorization Act of 2008 (8 U.S.C. 1232) or section 462 
of the Homeland Security Act of 2002 (6 U.S.C. 279). 
SEC. 4. ACCESS TO CHILDREN, STATE AND LOCAL COURTS, 
CHILD WELFARE AGENCIES, AND CONSULAR 
OFFICIALS. 
(a) IN GENERAL.—The Secretary shall ensure that 
all detention facilities operated by or under agreement 
with the Department implement procedures to ensure that 
the best interest of the child, including a preference for 
family unity wherever appropriate, can be considered in 
any decision and action relating to the custody of children 
whose parent, legal guardian, or primary caregiver is de-
tained as the result of an immigration enforcement action. 
(b) DETENTION PROCEDURES.—At all detention fa-
cilities, the Secretary shall— 
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(1) prominently post in a manner accessible to 
detainees and visitors and include in detainee hand-
books information on the protections of this Act as 
well as information on potential eligibility for parole 
or release; 
(2) absent extraordinary circumstances, ensure 
that individuals who are detained by the Department 
and are parents 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) able to participate fully, and to the ex-
tent possible in-person, in all family court pro-
ceedings and any other proceedings that may 
impact their right to custody of their children; 
(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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