,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ehgi ,,in ,,the ,,house ,,of ,,representatives ,december #aa1 #bjad ,ms4 ,roybal-,allard introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide protection for children affected by the immigration laws of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,humane ,enforcement and ,legal ,protections for ,separated ,children ,act or the ,,help ,separated ,children ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,apprehension ,the term apprehension means the detention or arrest by officials of the ,department of ,homeland ,security or cooperating entities4 7#b7 ,child ,the term child means an individual who has not attained #ah years of age4 7#c7 ,child welfare agency ,the term child welfare agency means a ,state or local agency responsible for child welfare services under subtitles ,b and ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq474 7#d7 ,cooperating entity ,the term cooperating entity means a ,state or local entity acting under agreement with the ,secretary4 7#e7 ,department ,the term ,department means the ,department of ,homeland ,security4 7#f7 ,detention facility ,the term detention facility means a ,federal1 ,state1 or local government facility1 or a privately owned and operated facility1 that is used1 in whole or in part1 to hold individuals under the authority of the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 including facilities that hold such individuals under a contract or agreement with the ,director4 7#g7 ,immigration enforcement action ,the term immigration enforcement action means the apprehension of one or more individuals whom the ,department has reason to believe are removable from the ,united ,states by the ,secretary or a cooperating entity4 7#h7 ,,ngo ,the term ,,ngo means a nongovernmental organization that provides social services or humanitarian assistance to the immigrant community4 7#i7 ,parent ,the term parent means a biological or adoptive parent of a child1 whose parental rights have not been relinquished or terminated under ,state law or the law of a foreign country1 or a legal guardian under ,state law or the law of a foreign country4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 #c4 ,apprehension procedures for immigration enforcement-related activities 7a7 ,apprehension procedures ,in any immigration enforcement action1 the ,secretary and cooperating entities shall-- 7#a7 as soon as possible1 but generally not later than #b hours after an immigration enforcement action1 inquire whether an individual is a parent or primary caregiver of a child in the ,united ,states and notify any such individual1 in a language that he or she understands1 that he or she is entitled to-- 7,a7 the opportunity to make a minimum of #b telephone calls to arrange for the care of such child in the individual's absence2 and 7,b7 contact information for-- 7i7 child welfare agencies and family courts in the same jurisdiction as the child2 and 7ii7 consulates1 attorneys1 and legal service providers capable of providing free legal advice or representation regarding child welfare1 child custody determinations1 and immigration matters2 7#b7 notify the child welfare agency with jurisdiction 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 serious harm2 7#c7 ensure that personnel of the ,department and cooperating entities do not1 absent medical necessity or extraordinary circumstances1 interview individuals in the immediate presence of children over the age of #b unless the parent or primary caregiver gives permission1 or 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 action2 7#d7 ensure that any parent or primary caregiver of a child in the ,united ,states-- 7,a7 absent medical necessity or extraordinary circumstances1 is not transferred from his or her area of apprehension until the individual-- 7i7 has made arrangements for the care of such child2 or 7ii7 if such arrangements are unavailable or the individual is unable to make such arrangements1 is informed of the care arrangements made for the child and of a means to maintain communication with the child2 7,b7 absent medical necessity or extraordinary circumstances is placed in a detention facility either-- 7i7 proximate to the location of apprehension2 or 7ii7 proximate to the individual's habitual place of residence2 and 7iii7 absent medical necessity or extraordinary circumstances1 is not transferred from such facility unless necessary to facilitate participation in child welfare proceedings2 and 7,c7 receives due consideration of the best interests of such child in any decision or action relating to his or her detention1 release1 or transfer between detention facilities2 and 7#e7 issue guidance prohibiting personnel of the ,department and cooperating entities from apprehending persons on the premises or in the immediate vicinity of day care centers1 head start centers1 schools1 school bus stops1 recreation centers1 legal service providers1 courts1 funeral homes1 cemeteries1 colleges1 victim services agencies1 social service agencies1 hospitals1 health care clinics1 community centers1 and places of worship1 absent exceptional circumstances4 7b7 ,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 facility1 the ,secretary shall also request that the ,state or local entity provide the individual the protections specified in paragraphs 7#a7 and 7#b7 of subsection 7a71 if that individual is found to be the parent or primary caregiver of a child in the ,united ,states4 7c7 ,protections against trafficking preserved ,the provisions of this section shall not be construed to impede1 delay1 or in any way limit the obligations of the ,secretary1 the ,attorney ,general1 or the ,secretary of ,health and ,human ,services under section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 or section #dfb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi74 #d4 ,access to children1 ,state and local courts1 child welfare agencies1 and consular officials 7a7 ,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 child1 including a preference for family unity wherever appropriate1 can be considered in any decision and action relating to the custody of children whose parent1 legal guardian1 or primary caregiver is detained as the result of an immigration enforcement action4 7b7 ,detention procedures ,at all detention facilities1 the ,secretary shall-- 7#a7 prominently post in a manner accessible to detainees and visitors and include in detainee handbooks information on the protections of this ,act as well as information on potential eligibility for parole or release2 7#b7 absent extraordinary circumstances1 ensure that individuals who are detained by the ,department and are parents of children in the ,united ,states are-- 7,a7 permitted regular phone calls and contact visits with their children2 7,b7 provided with contact information for child welfare agencies and family courts in the relevant jurisdictions2 7,c7 able to participate fully1 and to the extent possible in-person1 in all family court proceedings and any other proceedings that may impact their right to custody of their children2 7,d7 granted free and confidential telephone calls to relevant child welfare agencies and family courts as often as is necessary to ensure that the best interest of their children1 including a preference for family unity whenever appropriate1 can be considered in child welfare agency or family court proceedings2 7,e7 able to fully comply with all family court or child welfare agency orders impacting custody of their children2 7,f7 provided access to ,united ,states passport applications or other relevant travel document applications for the purpose of obtaining travel documents for their children2 7,g7 afforded timely access to a notary public for the purpose of applying for a passport for their children or executing guardianship or other agreements to ensure the safety of their children2 and 7,h7 granted adequate time before removal to obtain passports1 apostilled birth certificates1 travel documents1 and other necessary records1 including health and school records1 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 origin2 and 7#c7 where doing so would not impact public safety or national security1 facilitate the ability of detained alien parents and primary caregivers to reunify with their children by sharing information regarding travel arrangements with their consulate1 children1 child welfare agencies1 or other caregivers in advance of the detained alien individual's departure from the ,united ,states4 #e4 ,memoranda of understanding ,the ,secretary1 in consultation with the ,department of ,health and ,human ,services1 shall develop and implement memoranda of understanding or protocols with child welfare agencies and ,n,g,os regarding the best ways to cooperate and facilitate ongoing communication between all relevant entities in cases involving a child whose parent1 legal guardian1 or primary caregiver has been apprehended or detained in an immigration enforcement action to protect the best interests of the child1 including a preference for family unity whenever appropriate4 #f4 ,mandatory training ,the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 the ,secretary of ,state1 the ,attorney ,general1 and independent child welfare and family law experts1 shall develop and provide training on the protections required under sections #c and #d to all personnel of the ,department1 cooperating entities1 and detention facilities operated by or under agreement with the ,department who regularly engage in immigration enforcement actions and in the course of such actions come into contact with individuals who are parents or primary caregivers of children in the ,united ,states4 #g4 ,rulemaking ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations to implement sections #c and #d of this ,act4 #h4 ,severability ,if any provision of this ,act or amendment made by this ,act1 or the application of a provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act and amendments made by this ,act1 and the application of the provisions and amendment to any person or circumstance1 shall not be affected by the holding4 #i4 ,report on protections for children impacted by immigration enforcement activities 7a7 ,requirement for report ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report that describes the impact of immigration enforcement activities on children1 including children who are citizens of the ,united ,states4 7b7 ,content ,the report submitted under subsection 7a7 shall include for the previous #a-year period an assessment of-- 7#a7 the number of individuals removed from the ,united ,states who are the parent of a child who is a citizen of the ,united ,states2 7#b7 the number of occasions in which both parents or the primary caretaker of such a child was removed from the ,united ,states2 and 7#c7 the number of children who are citizens of the ,united ,states who leave the ,united ,states with parents who are removed4