I 
111TH CONGRESS 
1ST SESSION H. R. 3531 
To provide protection for children affected by the immigration laws of the 
United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 31, 2009 
Ms. WOOLSEY (for herself, Ms. CLARKE, Ms. KILPATRICK of Michigan, Mr. 
HONDA, Ms. ROYBAL-ALLARD, and Mr. POLIS of Colorado) introduced 
the following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committee on Ways and Means, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To provide protection for children affected by the immigra-
tion laws of the United States, 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 ‘‘Humane Enforcement 
and Legal Protections for Separated Children Act’’ or the 
‘‘HELP Separated Children Act’’. 
SEC. 2. DEFINITIONS. 
For the purposes of this Act: 
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(1) APPREHENSION.—The term ‘‘apprehen-
sion’’, in the context of an immigration enforcement- 
related activity, means government detention, arrest, 
or custody, or any significant deprivation of an indi-
vidual’s freedom of action by government officials or 
entities acting under agreement with the Depart-
ment of Homeland Security for suspicion of viola-
tions under the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.). 
(2) IMMIGRATION ENFORCEMENT-RELATED AC-
TIVITY.—The term ‘‘immigration enforcement-re-
lated activity’’ means any government action or ac-
tion carried out by an entity under agreement with 
the government in which— 
(A) an individual suspected of an immigra-
tion violation is apprehended for such violation; 
or 
(B) an individual who has been detained 
on criminal charges is questioned about possible 
immigration violations. 
(3) SSA.—The term ‘‘SSA’’ means the appro-
priate State or local social service agency, including 
relevant nongovernmental organizations, child wel-
fare agencies, child protective service agencies, 
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school and head start administrators, legal service 
providers, and hospitals. 
SEC. 3. APPREHENSION PROCEDURES FOR IMMIGRATION 
ENFORCEMENT-RELATED ACTIVITIES. 
(a) IN GENERAL.—Any immigration enforcement-re-
lated activity engaged in by the Department of Homeland 
Security or by other entities under agreement with the De-
partment of Homeland Security for alleged violations 
under the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.), which results in the apprehension of at least 
1 alien shall be carried out in accordance with the proce-
dures described in this section. 
(b) APPREHENSION PROCEDURES.—The Department 
of Homeland Security and entities under agreement with 
the Department of Homeland Security shall— 
(1) conduct an initial review of each individual 
apprehended in an immigration enforcement-related 
activity to ascertain whether such individual may be 
a United States citizen, a lawful permanent resident 
of the United States, or an alien lawfully present in 
the United States; 
(2) if an individual claims to be a United States 
citizen, a lawful permanent resident of the United 
States, or an alien lawfully present in the United 
States, ensure that personnel of the Department of 
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Homeland Security or personnel under agreement 
with the Department of Homeland Security inves-
tigates the individual’s claims and considers the indi-
vidual for release under section 4(c); 
(3) notify SSAs of such immigration enforce-
ment-related activity not later than 24 hours before 
the commencement of such activity, specifically noti-
fying the SSAs of— 
(A) the specific area of the State that will 
be affected; and 
(B) the languages anticipated may be spo-
ken by individuals at the targeted site; 
(4) if such immigration enforcement-related ac-
tivities cannot be planned more than 24 hours in ad-
vance, notify SSAs in a timely fashion before the ac-
tivity commences or, if this is not possible, imme-
diately following the commencement of such activity; 
(5) provide licensed social workers or case man-
agers employed or contracted by the SSAs with on-
going confidential access to individuals apprehended 
by the Department of Homeland Security or any en-
tity operating under agreement with the Department 
of Homeland Security within six hours of the indi-
vidual’s apprehension— 
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(A) to screen and interview such individ-
uals to determine if he or she is a member of 
a vulnerable population as described in section 
4(b) or for other humanitarian concerns; and 
(B) to offer confidential psychosocial and 
mental health services to children and family 
members of such individuals at the time of the 
apprehension; 
(6) notify local law enforcement of the specific 
area of the State that will be affected by such immi-
gration enforcement-related activity not later than 
24 hours before the commencement of such activity 
or, if such immigration enforcement-related activity 
cannot be planned more than 24 hours in advance, 
notify local law enforcement in a timely fashion be-
fore the activity commences, or if this is not pos-
sible, immediately following the commencement of 
such activity; 
(7) coordinate with qualified medical personnel 
within six hours of the individual’s apprehension 
to— 
(A) conduct medical screenings of the indi-
viduals subject to the immigration enforcement- 
related activity; and 
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(B) identify and report any medical or 
other issues that might necessitate release as a 
member of a vulnerable population or emer-
gency assistance; 
(8) require personnel of the Department of 
Homeland Security and any entity operating under 
agreement with the Department of Homeland Secu-
rity to avoid the apprehension of 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, fu-
neral homes, cemeteries, colleges, victim services 
agencies, social service agencies, hospitals, health 
care clinics, community centers, and places of wor-
ship; 
(9) before transferring any individual appre-
hended by the Department of Homeland Security or 
any entity operating under agreement with the De-
partment of Homeland Security to a detention facil-
ity, and before transferring any individual appre-
hended by the Department of Homeland Security or 
any entity operating under agreement with the De-
partment of Homeland Security outside the region in 
which the apprehension took place, determine, based 
on all information available to the Department of 
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Homeland Security, entities operating under agree-
ment with the Department of Homeland Security, 
and the recommendations made by SSAs and med-
ical personnel— 
(A) if the individual is a member of a vul-
nerable population as described in section 4(b); 
and 
(B) if the individual should be released in 
accordance with section 4(c); 
(10) provide, and advertise in the mainstream 
and foreign language media, as well as make avail-
able to the public via the website of the Department 
of Homeland Security, a toll-free number through 
which family members of persons apprehended as a 
result of an immigration enforcement-related activity 
may report information relevant to the release of an 
apprehended family member as a member of a vul-
nerable population, which will be conveyed to the ap-
propriate Department of Homeland Security official 
and applicable SSA, and through which State child 
welfare service providers, family members, and legal 
counsel representing those who are apprehended may 
obtain information about the apprehended family 
members, including their location, in English and 
the majority language of those who are apprehended; 
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