Protection of Kids in Immigrant Detention Act

Bill: 117-hr-1238
Sponsor: Rep. Jayapal, Pramila [D-WA-7]
Introduced: 2021-02-23 in the House
Policy area: Immigration
Subjects: Administrative remedies
Adoption and foster care
Advisory bodies
Border security and unlawful immigration
Census and government statistics
Child safety and welfare
Congressional oversight
Department of Health and Human Services
Department of Homeland Security
Detention of persons
Domestic violence and child abuse
Evidence and witnesses
Executive agency funding and structure
Family relationships
Federal officials
Government buildings, facilities, and property
Government information and archives
Government studies and investigations
Human trafficking
Immigration status and procedures
Intergovernmental relations
Refugees, asylum, displaced persons
State and local government operations
Telephone and wireless communication

Summary:
action_date: 2021-02-23
text: 

Protection of Kids in Immigrant Detention Act or PROKID Act

 
This bill establishes the Office of the Ombudsperson for Immigrant Children in Government Custody within the Department of Health and Human Services (HHS).
 
The office shall ensure that if government detention of an immigrant child is necessary, that child is held in the least restrictive setting. The office shall also advocate for (1) the quick and safe release of such a detained child, and (2) a child who was detained with family to be released concurrently with a parent or legal guardian.
 
The office's duties shall include (1) monitoring facilities with immigrant children held in government custody to ensure compliance with applicable laws and standards, (2) investigating claims of mistreatment and complaints against foster care providers, (3) reviewing contested decisions about the placement of an immigrant child, and (4) reviewing data from HHS and the Department of Homeland Security (DHS) relating to such children. 
 
The office may also offer individual case assistance to such a detained child who requires expedited processing or elevated attention. The office may also issue subpoenas with HHS approval.
 
DHS and HHS must ensure that the office has the ability to conduct investigative and monitoring activities, including by providing unobstructed access to any detention facility with immigrant children. 
 
The office and DHS shall enter into a memorandum of understanding to coordinate oversight between DHS and HHS. 
 
The bill also establishes an expert advisory committee to assist the office and an interagency working group to identify and discuss concerns related to detained immigrant children.


Legislative actions:
action_date: 2021-04-28
text: Referred to the Subcommittee on Immigration and Citizenship.
action_date: 2021-02-24
text: Referred to the Subcommittee on Border Security, Facilitation, and Operations.
action_date: 2021-02-23
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2021-02-23
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2021-02-23
text: Introduced in House
action_date: 2021-02-23
text: Introduced in House