Migrant Accountability Act of 2021
Bill: H.R.4201 | Sponsor: Rep. Green, Mark E. (R-TN)
Policy area: Immigration

Summary:
Migrant Accountability Act of 2021
This bill modifies the treatment of unaccompanied alien children, including by transferring functions for the care and custody of such children from the Office of Refugee Settlement within the Department of Health and Human Services (HHS) to the Department of Homeland Security (DHS). Currently, the office provides care for apprehended unaccompanied children, while DHS is typically responsible for detained alien adults.
Under this bill, if an immigration officer determines that a qualifying unaccompanied child is inadmissible, the officer may return that child to the child's country of nationality or country of last habitual residence. Currently, only an unaccompanied child who is a national or habitual resident of a country bordering the United States may be returned.
The Department of State must negotiate with other countries concerning the repatriation of children. Currently, the State Department is only required to negotiate such agreements with countries bordering the United States.
For an unaccompanied child who reaches 18 years of age while in custody, the bill repeals a requirement for DHS to consider the least restrictive setting available for that individual's custody or supervision. Currently, DHS must make such a consideration when such an individual reaches 18 years of age.
Before placing an unaccompanied child with a sponsor claiming to be the child's biological relative, DHS must confirm this relationship using DNA technology. A state may refuse placement of an unaccompanied child in the state, including at a federal facility, unless the placement is with a sponsor who is the child's confirmed biological relative.

To transfer functions related to unaccompanied alien children to the 
        Department of Homeland Security, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Migrant Accountability Act of 
2021''.

SEC. 2. TRANSFER OF FUNCTIONS RELATED TO UNACCOMPANIED ALIEN CHILDREN.

    Section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279) is 
amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Transfer of Functions.--There are transferred to the 
Secretary of Homeland Security functions under the immigration laws of 
the United States with respect to the care of unaccompanied alien 
children that were vested by statute in, or performed by, the Director 
of the Office of Refugee Resettlement of the Department of Health and 
Human Services immediately before the effective date specified in 
subsection (d).'';
            (2) in subsection (b)--
                    (A) by striking ``Director of the Office of Refugee 
                Resettlement'' each place it appears and inserting 
                ``Secretary of Homeland Security''; and
                    (B) in paragraph (1), by striking ``Director'' and 
                inserting ``Secretary'';
            (3) by amending subsection (d) to read as follows:
    ``(d) Effective Date.--The effective date specified in this 
subsection is the date of enactment of the Migrant Accountability Act 
of 2021.''.
            (4) in subsection (e)--
                    (A) in paragraph (1), by striking ``Director of the 
                Office of Refugee Resettlement'' and inserting 
                ``Secretary of Homeland Security''; and
                    (B) in paragraph (2), by striking ``Office of 
                Refugee Resettlement of the Department of Health and 
                Human Services'' and inserting ``Department of Homeland 
                Security''; and
            (5) in subsection (f)--
                    (A) by repealing paragraph (2);
                    (B) in paragraph (3)--
                            (i) by striking ``Department of Justice'' 
                        and inserting ``Department of Health and Human 
                        Services'';
                            (ii) by striking ``the Immigration and 
                        Naturalization Service'' and inserting ``the 
                        Office of Refugee Resettlement''; and
                            (iii) by striking ``Director of the Office 
                        of Refugee Resettlement for allocation to the 
                        appropriate component of the Department of 
                        Health and Human Services'' and inserting 
                        ``Secretary of Homeland Security for allocation 
                        to the appropriate component of the Department 
                        of Homeland Security''.

SEC. 3. CONFORMING AMENDMENTS.

    Section 235 of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) by amending the heading to read as 
                        follows: ``Rules for unaccompanied alien 
                        children'';
                            (ii) in subparagraph (A), by striking ``who 
                        is a national or habitual resident of a country 
                        that is contiguous with the United States''; 
                        and
                            (iii) in subparagraph (C)--
                                    (I) by amending the heading to read 
                                as follows: ``Country agreements''; and
                                    (II) by striking ``countries 
                                contiguous to the United States'' and 
                                inserting ``other countries'';
                    (B) by striking paragraph (3);
                    (C) in paragraph (4), by striking ``immediately be 
                transferred to the Secretary of Health and Human 
                Services and treated in accordance with subsection 
                (b)'' and inserting ``be treated in accordance with 
                subsection (b)''; and
                    (D) in paragraph (5)(D), by striking 
                ``contiguous''; and
            (2) in subsection (b)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Care and custody of unaccompanied alien children.--
        The care and custody of all unaccompanied alien children, 
        including responsibility for their detention, where 
        appropriate, shall be the responsibility of the Secretary of 
        Homeland Security.''.
                    (B) in paragraph (2), by striking ``Department of 
                Health and Human services'' and inserting ``Department 
                of Homeland Security'';
                    (C) in paragraph (3), by striking ``Secretary of 
                Health and Human Services'' and inserting ``Secretary 
                of Homeland Security''; and
                    (D) in paragraph (4), by amending the first 
                sentence to read as follows: ``The Secretary of 
                Homeland Security, in consultation with the Secretary 
                of Health and Human Services, shall develop procedures 
                to make a prompt determination of the age of an alien, 
                which shall be used by the Secretary of Homeland 
                Security for children in their custody.'';
            (3) in subsection (c)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by amending the heading to read 
                                as follows: ``Minors in department of 
                                homeland security custody''; and
                                    (II) by striking ``Secretary of 
                                Health and Human Services'' and 
                                inserting ``Secretary of Homeland 
                                Security''; and
                            (ii) by striking subparagraph (B);
                    (B) in paragraph (3)--
                            (i) by striking ``Secretary of Health and 
                        Human Services'' each place it appears and 
                        inserting ``Secretary of Homeland Security''; 
                        and
                            (ii) by repealing subparagraph (C);
                    (C) in paragraph (4), by striking ``Secretary of 
                Health and Human Services'' and inserting ``Secretary 
                of Homeland Security'';
                    (D) in paragraph (5), by striking ``Secretary of 
                Health and Human Services'' and inserting ``Secretary 
                of Homeland Security''; and
                    (E) in paragraph (6), by striking ``Secretary of 
                Health and Human Services'' each place it appears and 
                inserting ``Secretary of Homeland Security'';
            (4) in subsection (d)(4)(A), by striking ``Secretary of 
        Health and Human Services'' and inserting ``Secretary of 
        Homeland Security''; and
            (5) by adding at the end the following:
    ``(j) DNA Testing.--Prior to placing an unaccompanied alien child 
into the custody of a sponsor who claims to be a biological relative of 
the child, the Secretary shall confirm the existence of such a 
relationship using DNA technology. For purposes of this subsection, a 
biological relative includes a grandfather, grandmother, brother, 
sister, aunt, uncle, parent, and first cousin.
    ``(k) Limitation on Placement.--The Secretary of Homeland Security, 
or their designee, shall not place an unaccompanied alien child in a 
State, including in a Federal Government facility in a State, if the 
Governor of that State does not consent to such placement. This 
subsection does not apply to the placement of an unaccompanied alien 
child with a biological relative with whom the existence of such a 
relationship has been confirmed using DNA technology in accordance with 
subsection (j).''.
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