,,ii #aafth ,,congress #ast ,session ,s4 #baac ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ae1 #bjai ,mr4 ,merkley 7for himself1 ,mr4 ,schumer1 ,mrs4 ,feinstein1 ,mr4 ,durbin1 ,mrs4 ,murray1 ,ms4 ,hirono1 ,mr4 ,coons1 ,ms4 ,klobuchar1 ,mr4 ,leahy1 ,ms4 ,cantwell1 ,mr4 ,reed1 ,mr4 ,bennet1 ,ms4 ,baldwin1 ,mr4 ,sanders1 ,mr4 ,van ,hollen1 ,ms4 ,warren1 ,mr4 ,menendez1 ,mr4 ,cardin1 ,mr4 ,wyden1 ,mr4 ,schatz1 ,ms4 ,cortez ,masto1 ,mr4 ,whitehouse1 ,ms4 ,rosen1 ,mr4 ,blumenthal1 ,mr4 ,markey1 ,mrs4 ,gillibrand1 ,mr4 ,warner1 ,mr4 ,kaine1 ,ms4 ,harris1 ,mr4 ,murphy1 ,ms4 ,duckworth1 ,ms4 ,hassan1 ,ms4 ,smith1 ,mrs4 ,shaheen1 ,mr4 ,booker1 ,mr4 ,casey1 ,mr4 ,king1 ,ms4 ,stabenow1 ,mr4 ,brown1 and ,mr4 ,carper7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to protect the health and safety of children in immigration detention1 and for other purposes4 #a4 ,short title2 purpose 7a7 ,short title ,this ,act may be cited as the ,stop ,cruelty to ,migrant ,children ,act4 7b7 ,purpose ,the purpose of this ,act is to reaffirm that-- 7#a7 the ,federal ,government is responsible for the health1 safety1 and well-being of children and families in the custody of the ,federal ,government2 7#b7 children and families should only be in the custody of the ,federal ,government for as little time as possible2 and 7#c7 during any period in which children or families are in the custody of the ,federal ,government-- 7,a7 they should be treated with dignity1 respect1 and care2 and 7,b7 every effort should be made to minimize trauma1 isolation1 and conditions resembling prison4 #b4 ,definitions ,in this ,act3 7#a7 ,alien ,the term alien has the meaning given the term in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a774 7#b7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,appropriations1 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,health1 ,education1 ,labor1 and ,pensions1 and the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,committee on ,appropriations1 the ,committee on ,homeland ,security1 the ,committee on ,education and ,labor1 and the ,committee on the ,judiciary of the ,house of ,representatives4 7#c7 ,child ,the term child means an individual who-- 7,a7 has not attained #ah years of age2 and 7,b7 does not have permanent immigration status in the ,united ,states4 7#d7 ,detained individual ,the term detained individual means any individual1 including an unaccompanied alien child1 held in immigration detention under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7#e7 ,influx ,the term influx means a period during which-- 7,a7 not less than #ie percent of the available beds in permanent shelters for unaccompanied alien children are occupied2 and 7,b7 the average length of care for unaccompanied alien children in custody of the ,secretary of ,health and ,human ,services exceeds #ce days4 7#f7 ,influx care facility ,the term influx care facility means an ,office of ,refugee ,resettlement facility that is operated to provide temporary emergency shelter and services for unaccompanied alien children during an influx or emergency4 7#g7 ,office of ,refugee ,resettlement facility ,the term ,office of ,refugee ,resettlement facility means any facility at which unaccompanied alien children are in the care and custody of the ,secretary of ,health and ,human ,services4 7#h7 ,standard care facility ,the term standard care facility means an ,office of ,refugee ,resettlement facility-- 7,a7 that provides residential care for unaccompanied alien children2 and 7,b7 at which all programmatic components are administered onsite and in the least restrictive environment4 7#i7 ,unaccompanied alien child ,the term unaccompanied alien child has the meaning given the term in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g774 #c4 ,ensuring that families remain together 7a7 ,limitation on the separation of families 7#a7 ,in general ,an agent or officer of ,u4,s4 ,customs and ,border ,protection shall not remove a child from his or her parent or legal guardian at or near a port of entry or within #ajj miles of the border of the ,united ,states unless one of the following situations has occurred3 7,a7 ,a ,state court1 authorized under ,state law-- 7i7 terminates the rights of the parent or legal guardian2 7ii7 determines that it is in the best interests of the child to be removed from the parent or legal guardian1 in accordance with the ,adoption and ,safe ,families ,act of #aiig 7,public ,law #aje-hi72 or 7iii7 makes any similar determination that is legally authorized under ,state law4 7,b7 ,an official from the ,state or county child welfare agency with expertise in child trauma and development determines that it is in the best interests of the child to be removed from the parent or legal guardian because the child is-- 7i7 in danger of abuse or neglect at the hands of the parent or legal guardian2 or 7ii7 a danger to himself or herself or to others4 7,c7 ,the ,chief ,patrol ,agent or the ,area ,port ,director1 in his or her official and undelegated capacity1 authorizes separation1 on the recommendation by an agent or officer of ,u4,s4 ,customs and ,border ,protection1 based on a finding that-- 7i7 the child is a victim of trafficking or is at significant risk of becoming a victim of trafficking2 7ii7 there is a strong likelihood that the adult is not the parent or legal guardian of the child2 or 7iii7 the child is in danger of abuse or neglect at the hands of the parent or legal guardian1 or is a danger to himself or herself or to others4 7#b7 ,prohibition on separation ,a ,federal agency may not remove a child from a parent or legal guardian solely for the policy goal of-- 7,a7 deterring individuals from migrating to the ,united ,states2 or 7,b7 promoting compliance with civil immigration law4 7#c7 ,documentation required ,the ,secretary shall ensure that a separation based on a situation described in paragraph 7#a77;,c7-- 7,a7 is documented in writing2 and 7,b7 includes-- 7i7 the reason for such separation2 and 7ii7 the stated evidence for such separation4 7b7 ,recommendations for separation by agents or officers 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 shall develop training and guidance1 with an emphasis on the best interests of the child1 on childhood trauma1 attachment1 and child development1 for use by the agents and officers of ,u4,s4 ,customs and ,border ,protection1 so as to standardize separations authorized under subsection 7a77#a77;,c74 7#b7 ,annual review ,not less frequently than annually1 the ,secretary of ,health and ,human ,services shall-- 7,a7 review the guidance developed under paragraph 7#a72 and 7,b7 make recommendations to the ,secretary to ensure that such guidance conforms to current evidence and best practices in child welfare1 child development1 and childhood trauma4 7#c7 ,requirement ,the guidance developed under paragraph 7#a7 shall incorporate the presumptions described in subsection 7c74 7#d7 ,additional requirements 7,a7 ,evidence-based ,the guidance and training developed under this subsection shall incorporate evidence-based practices4 7,b7 ,training required 7i7 ,initial training ,all agents and officers of ,u4,s4 ,customs and ,border ,protection1 on hire1 and annually thereafter1 shall complete training on adherence to the guidance developed under this subsection4 7ii7 ,annual training ,all ,chief ,patrol ,agents and ,area ,port ,directors1 on hire1 and annually thereafter1 shall complete-- 7,i7 training on adherence to the guidance developed under this subsection2 and 7,,ii7 #ij minutes of child welfare practice training that is evidence-based and trauma-informed4 7c7 ,presumptions ,the presumptions described in this subsection are the following3 7#a7 ,family unity ,there shall be a strong presumption in favor of family unity4 7#b7 ,siblings ,to the maximum extent practicable1 the ,secretary shall ensure that sibling groups remain intact4 7#c7 ,detention ,there is a presumption that detention is not in the best interests of families and children4 7d7 ,required policy for locating separated children 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall publish final public guidance that describes1 with specificity1 the manner in which a parent or legal guardian may locate a child who was separated from the parent or legal guardian under subsection 7a77#a74 7#b7 ,consultation ,in developing such public guidance1 the ,secretary shall consult with the ,secretary of ,health and ,human ,services1 immigrant advocacy organizations1 child welfare organizations1 and ,state child welfare agencies4 7#c7 ,written notification ,the ,secretary shall provide each parent or legal guardian who was separated from a child under subsection 7a77#a7 with written notice of such public guidance4 7#d7 ,language access ,such public guidance shall be-- 7,a7 available in ,english and ,spanish2 and 7,b7 at the request of the parent or legal guardian1 made available in the language or manner that is understandable by the parent or legal guardian4 7e7 ,required information for separated families ,not less frequently than monthly1 the ,secretary shall provide the parent or legal guardian of a child who was separated-- 7#a7 a status report on the monthly activities of the child2 7#b7 information about the education and health of the child1 including any medical treatment provided to the child or medical treatment recommended for the child2 7#c7 information about changes to the immigration status of the child2 and 7#d7 any other information about the child1 designed to promote and maintain family reunification1 as the ,secretary determines in his or her discretion4 7f7 ,annual report on family separation ,not later than one year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary shall submit a report to the committees of jurisdiction that-- 7#a7 describes each instance in which a child was separated from a parent or legal guardian2 and 7#b7 includes1 for each such instance-- 7,a7 the relationship of the adult and the child2 7,b7 the age and gender of the adult and child2 7,c7 the length of separation2 7,d7 whether the adult was charged with a crime1 and if the adult was charged with a crime1 the type of crime2 7,e7 whether the adult made a claim for asylum1 expressed a fear to return1 or applied for other immigration relief2 7,f7 whether the adult was prosecuted if charged with a crime and the associated outcome of such charges2 7,g7 the stated reason for1 and evidence in support of1 the separation2 7,h7 if the child was part of a sibling group at the time of separation1 whether the sibling group has had physical contact and visitation2 7,i7 whether the child was rendered an unaccompanied alien child2 and 7,j7 any other information1 as determined by the ,secretary4 7g7 ,clarification of parental rights ,if a child is separated from a parent or legal guardian and a ,state court has not made a determination that the parental rights have been terminated1 there is a presumption that-- 7#a7 the parental rights remain intact2 and 7#b7 the separation does not constitute an affirmative determination of abuse or neglect under ,federal or ,state law4 7h7 ,clarification of existing law 7#a7 ,federal law ,nothing in this section may be interpreted to supersede or modify ,federal child welfare law1 as applicable1 including the ,adoption and ,safe ,families ,act of #aiig 7,public ,law #aje-hi74 7#b7 ,state law ,nothing in this section may be interpreted to supersede or modify any ,state child welfare law4 7i7 ,,gao report on prosecution of asylum seekers 7#a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study on the prosecution of asylum seekers during the ten-year period ending on the date of the enactment of this ,act4 7#b7 ,elements ,the study conducted under paragraph 7#a7 shall include the following3 7,a7 ,the total number of persons who claimed fear of persecution1 received a favorable credible fear determination1 and were referred for prosecution4 7,b7 ,an overview and analysis of the metrics used by the ,department of ,homeland ,security and the ,department of ,justice to track the number of asylum seekers referred for prosecution4 7,c7 ,the total number of asylum seekers referred for prosecution1 a breakdown and description of the criminal charges filed against asylum seekers during such period1 and a breakdown and description of the convictions secured4 7,d7 ,the total number of asylum seekers who were separated from their children as a result of being referred for prosecution4 7,e7 ,a description of-- 7i7 the amounts spent on prosecuting asylum seekers during such period2 7ii7 the diversion of resources required to prosecute asylum seekers2 and 7iii7 any costs imposed on ,states and localities4 7,f7 ,the total number of asylum seekers who-- 7i7 were referred for prosecution2 and 7ii7 were subject to immigration proceedings4 7,g7 ,the total number of asylum seekers referred for prosecution who were deported before going through immigration proceedings4 7#c7 ,report ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general shall submit a report to ,congress that describes the results of the study conducted under paragraph 7#a74 7j7 ,definitions ,in this section3 7#a7 ,agent2 officer ,the terms agent and officer include contractors of the ,federal ,government4 7#b7 ,committees of jurisdiction ,the term committees of jurisdiction means-- 7,a7 the ,committee on the ,judiciary and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7,b7 the ,committee on the ,judiciary and the ,committee on ,education and ,labor of the ,house of ,representatives4 7#c7 ,danger of abuse or neglect at the hands of the parent or legal guardian ,the term danger of abuse or neglect at the hands of the parent or legal guardian shall not mean migrating to or crossing the ,united ,states border4 7#d7 ,finding ,the term finding means an individualized written assessment or screening by the trained agent or officer that includes a consultation with1 and concurrence from1 a child welfare specialist1 formalized as required under subsection 7a77#c7 and consistent with subsections 7b71 7c71 and 7g74 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 #d4 ,health and safety protections for detained children 7a7 ,flores settlement agreement 7#a7 ,in general ,a family unit may be detained only in accordance with the holding in ,flores v4 ,sessions et al4 7#ith ,cir4 ,july #e1 #bjag2 ,c4,d4 ,,ca2 ,july #bd1 #bjae7 and the stipulated settlement agreement as filed in the ,united ,states ,district ,court for the ,central ,district of ,california on ,january #ag1 #aiig 7,,cv #he #dedd ,,rjk71 including all subsequent court decisions and interpretations 7referred to in this section as the ,flores settlement agreement74 7#b7 ,rulemaking ,any regulation proposed or promulgated to supersede the ,flores settlement agreement shall have no force or effect4 7#c7 ,rule of construction ,nothing in this ,act may be construed-- 7,a7 to affect the application of the ,flores settlement agreement to unaccompanied alien children2 or 7,b7 to abrogate the ,flores settlement agreement4 7#d7 ,review of detention determinations ,the review of any determination by the ,secretary of ,homeland ,security to detain an individual or a family unit under this subsection shall be in accordance with all other provisions of law1 holdings 7including any holding made in ,flores v4 ,sessions et al4 7#ith ,cir4 ,july #e1 #bjag2 ,c4,d4 ,,ca2 ,july #bd1 #bjae771 consent decrees1 and settlement agreements 7including the ,flores settlement agreement74 7b7 ,prompt medical assessments for detained children 7#a7 ,body temperature check on intake ,with respect to a child in the custody of the ,secretary of ,homeland ,security1 not later than one hour after the time at which the initial intake of such child is completed1 the ,secretary of ,homeland ,security shall ensure that the child receives a body temperature check4 7#b7 ,medical evaluation by medical professional with pediatric training ,not later than #dh hours after the time at which a child is taken into the custody of the ,secretary of ,homeland ,security1 the ,secretary shall ensure that the child receives a medical evaluation by a medical professional with specialized pediatric training-- 7,a7 to determine whether the child has any health or safety concerns2 and 7,b7 that includes a measurement of all vital signs and a body temperature check4 7#c7 ,specialized training for ,public ,health ,service ,commissioned ,corps ,the ,secretary of ,homeland ,security shall enter into a memorandum of understanding with the ,public ,health ,service ,commissioned ,corps and the ,secretary of ,health and ,human ,services to provide specialized training relating to migration for the ,public ,health ,service ,commissioned ,corps to support deployment at ,office of ,refugee ,resettlement facilities and ,u4,s4 ,customs and ,border ,protection facilities during any period in which high numbers of unaccompanied alien children and families arrive at the ,southern border4 7c7 ,detention standards for ,u4,s4 ,customs and ,border ,protection facilities ,with respect to any ,u4,s4 ,customs and ,border ,protection facility1 the ,secretary of ,homeland ,security shall ensure that-- 7#a7 the facility-- 7,a7 complies with the standards of the ,u4,s4 ,customs and ,border ,protection entitled ,national ,standards on ,transport1 ,escort1 ,detention1 and ,search issued in ,october #bjae2 7,b7 remains at an appropriate temperature2 7,c7 is properly ventilated2 7,d7 has adequate supervision and other safeguards to protect detained children from other detained individuals2 and 7,e7 has a child welfare specialist on staff1 or has prompt access to a child welfare specialist1 for purposes of making a finding under section #c7;a77#a77;,c72 7#b7 each detained individual is provided-- 7,a7 not fewer than three healthy and nutritious meals daily1 in accordance with the most recent dietary guidelines of the ,department of ,agriculture1 that-- 7i7 in the case of an adult who is not pregnant or breastfeeding1 provide a total of not fewer than #b1jjj calories2 or 7ii7 in the case of a detained child or an individual who is pregnant or breastfeeding1 meet1 as applicable-- 7,i7 the nutrition standards for the school lunch program authorized under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 and the school breakfast program established by section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc72 or 7,,ii7 the nutrition standards established under the special supplemental nutrition program for women1 infants1 and children established by section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf72 7,b7 not less than #a gallon of clean drinking water daily1 including age-appropriate liquids2 7,c7 regular access to hygiene products1 including-- 7i7 soap2 7ii7 a toothbrush and toothpaste2 7iii7 not fewer than one full change of clothing2 7iv7 a towel2 7v7 toilet paper2 7vi7 feminine hygiene products1 as applicable2 7vii7 prenatal vitamins1 as applicable2 and 7viii7 diaper changing materials1 as applicable1 including-- 7,i7 a clean diaper changing station2 7,,ii7 diapers in the appropriate size2 7,,iii7 diaper rash ointment2 7,,iv7 baby wipes2 and 7,v7 diaper disposal receptacles2 7,d7 regular access to showers1 sinks1 and toilets2 and 7,e7 an opportunity to contact any family member with whom the detained individual was apprehended2 and 7#c7 in the case of a detained individual the prescription medication of whom is confiscated on apprehension1 not later than six hours after the time at which the detained individual arrives at a ,u4,s4 ,customs and ,border ,protection facility1 a medical professional1 or in the case of a child1 a medical professional with pediatric training reviews such confiscation and makes a determination whether the medication shall be-- 7,a7 kept by the detained individual in his or her possession for regular use during detention2 7,b7 properly stored by ,u4,s4 ,customs and ,border ,protection officials1 with appropriate access for regular use by the detained individual during detention2 or 7,c7 stored with the personal property of the detained individual4 7d7 ,detention standards for ,u4,s4 ,immigration and ,customs ,enforcement ,the ,secretary of ,homeland ,security shall ensure the full compliance of each ,u4,s4 ,immigration and ,customs ,enforcement detention system facility1 including each contract facility and each local or county jail operating under an intergovernmental service agreement1 with1 at a minimum1 the standards of ,u4,s4 ,immigration and ,customs ,enforcement entitled ,performance-,based ,national ,detention ,standards #bjaa1 as revised in ,december #bjaf4 7e7 ,care and custody standards for ,office of ,refugee ,resettlement facilities 7#a7 ,new contracts ,on the maturation of any existing contract to house unaccompanied alien children1 the ,secretary of ,health and ,human ,services may only offer to extend or enter into a new contract or cooperative agreement for the housing of unaccompanied alien children with one or more nonprofit entities that are-- 7,a7 licensed by the applicable ,state2 and 7,b7 in compliance with ,exhibit #a of the ,flores settlement agreement1 regardless of the status of the underlying ,flores settlement agreement4 7#b7 ,prioritization of small facilities ,the ,secretary of ,health and ,human ,services shall prioritize the use of standard care facilities and influx care facilities that house not more than #ajj unaccompanied alien children4 7#c7 ,limitations on use of influx care facilities 7,a7 ,length of care exceeding #ce days 7i7 ,in general ,in the case of an influx1 the ,secretary of ,health and ,human ,services may not house one or more unaccompanied alien children in an influx care facility for more than #cj days4 7ii7 ,daily reports 7,i7 ,in general ,not less frequently than daily during an influx in which one or more unaccompanied alien children are housed in an influx care facility1 the ,secretary of ,health and ,human ,services shall submit to the appropriate committees of ,congress a daily report on efforts to reduce the average length of care of unaccompanied alien children in the custody of the ,secretary of ,health and ,human ,services4 7,,ii7 ,matters to be included ,each report under subclause 7,i7 shall include the following3 7aa7 ,a detailed description of any proposed-- 7,,aa7 policy with respect to the care of unaccompanied alien children2 and 7,,bb7 staffing increase at an influx care facility4 7bb7 ,with respect to the influx1 the mean and median number of days between-- 7,,aa7 the date on which a family reunification application is submitted for an unaccompanied alien child2 and 7,,bb7 the date on which the ,secretary of ,health and ,human ,services issues a decision on such application4 7cc7 ,the total number of such applications granted4 7dd7 ,the total number of such applications denied4 7ee7 ,a description of any action considered but not taken with respect to the care and custody of unaccompanied alien children as a result of a conflict with ,federal or ,state law4 7,b7 ,transfer ,the ,secretary of ,health and ,human ,services may transfer an unaccompanied alien child from a ,state-licensed standard care facility to an influx care facility solely for the purpose of-- 7i7 family reunification2 or 7ii7 placement with a sponsor that shall occur not later than #ad days after the date on which the unaccompanied alien child is transferred4 #e4 ,release of families and unaccompanied alien children from detention 7a7 ,staff-to-,child ratios for ,office of ,refugee ,resettlement facilities 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services1 in collaboration with the ,comptroller ,general of the ,united ,states1 shall develop standards for recommended staff-to-child ratios for ,federal field specialists and third-party case review coordinators at ,office of ,refugee ,resettlement facilities4 7#b7 ,interim standard ,beginning on the date of the enactment of this ,act and ending on the date on which the standards under paragraph 7#a7 are implemented1 the ,secretary of ,health and ,human ,services shall ensure that any standard care facility or influx care facility for unaccompanied alien children maintains a staff-to-child ratio of not fewer than-- 7,a7 one ,federal field specialist for every #ej unaccompanied alien children2 and 7,b7 one third-party case review coordinator for every #ej unaccompanied alien children4 7#c7 ,case load limitation ,the ,secretary of ,health and ,human ,services shall establish a maximum case load for each case manager at an ,office of ,refugee ,resettlement facility that is not greater than the lesser of-- 7,a7 five new unaccompanied alien children cases and a total of not more than eight active cases each month2 or 7,b7 the maximum number of children1 as required under applicable ,state law4 7#d7 ,supplemental funds ,the ,secretary of ,health and ,human ,services shall authorize supplemental funds-- 7,a7 to provide overtime compensation for case managers at ,office of ,refugee ,resettlement facilities for extended work hours and work days during an influx2 and 7,b7 to hire additional staff to carry out home study services relating to the placement of unaccompanied alien children with sponsors on release from custody4 7b7 ,rescission of information-,sharing agreement relating to sponsors of unaccompanied alien children ,the ,secretary of ,health and ,human ,services and the ,secretary of ,homeland ,security shall rescind the memorandum of agreement entitled ,memorandum of ,agreement ,among the ,office of ,refugee ,resettlement of the ,u4,s4 ,department of ,health and ,human ,services and ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection of the ,u4,s4 ,department of ,homeland ,security ,regarding ,consultation and ,information ,sharing in ,unaccompanied ,alien ,children ,matters dated ,april #ac1 #bjah4 7c7 ,expansion of ,family ,case ,management ,program 7#a7 ,in general ,the ,secretary of ,homeland ,security shall provide to the alternatives to detention division of ,u4,s4 ,immigration and ,customs ,enforcement1 including the ,family ,case ,management ,program1 sufficient funds to cover the costs of each individual who-- 7,a7 has a pending immigration proceeding2 and 7,b7 is not subject to detention under subsection 7d74 7#b7 ,contracts authorized ,the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall offer to enter into one or more contracts with one or more nonprofit service providers that1 to the maximum extent practicable1 have the capacity to provide evidence-based services required to operate an alternatives to detention program for the least restrictive setting4 7#c7 ,prioritization ,the ,secretary of ,homeland ,security shall ensure that any expenditure for the ,family ,case ,management ,program is prioritized over any other expenditure from the ,alternatives to ,detention account4 7#d7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this subsection4 7d7 ,immigration detention priorities 7#a7 ,in general ,the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall prioritize the limited resources of ,u4,s4 ,immigration and ,customs ,enforcement to detain aliens who pose-- 7,a7 a threat to national security or public safety2 or 7,b7 a risk of flight that cannot be mitigated by an alternative to detention4 7#b7 ,presumption ,except in extraordinary circumstances1 such as a circumstance in which an alien is known to be a member of a terrorist organization or a transnational criminal organization1 an alien shall not be detained if-- 7,a7 the alien-- 7i7 is known to suffer from a serious physical or mental illness2 7ii7 has a disability2 7iii7 is elderly2 7iv7 is pregnant or breastfeeding2 7v7 is under #ah years of age2 or 7vi7 demonstrates that the alien is the primary caregiver of-- 7,i7 a person under #ah years of age2 or 7,,ii7 an infirm person2 or 7,b7 the detention of the alien is otherwise not in the public interest4 #f4 ,improvements to asylum procedure 7a7 ,statement of policy on child asylum seekers ,it shall be the policy of the ,united ,states that no child may be delayed or prevented from crossing the ,southern border at a port of entry for the purpose of applying for asylum or any other applicable legal immigration status4 7b7 ,nonadversarial asylum processing for children ,the ,secretary of ,homeland ,security shall rescind the memorandum of the ,u4,s4 ,citizenship and ,immigration ,services entitled ,updated ,procedures for ,asylum ,applications ,filed by ,unaccompanied ,alien ,children1 issued ,may #ca1 #bjai4 7c7 ,modification of term asylum officer ,to exclude officers of ,u4,s4 ,customs and ,border ,protection ,section #bce7;b77#a77;,e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,e77 is amended-- 7#a7 in clause 7i71 by striking 1 and and inserting a semicolon2 7#b7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7iii7 is employed by the ,refugee1 ,asylum1 and ,international ,operations ,directorate of the ,u4,s4 ,citizenship and ,immigration ,services4 4 7d7 ,improving immigration court efficiency and reducing costs by increasing access to legal information 7#a7 ,appointment of counsel in removal proceedings2 right to review certain documents in removal proceedings ,section #bdj7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7b77 is amended-- 7,a7 in paragraph 7#d7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking 1 at no expense to the ,government12 and 7,,ii7 by striking the comma at the end and inserting a semicolon2 7ii7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,d7 and 7,e71 respectively2 7iii7 by inserting after subparagraph 7,a7 the following3 7,b7 the ,attorney ,general may appoint or provide counsel1 at ,government expense1 to aliens in immigration proceedings2 7,c7 the alien1 or the alien's counsel1 not later than #g days after receiving a notice to appear under section #bci7;a71 shall receive a complete copy of the alien's immigration file 7commonly known as an ,a-file7 in the possession of the ,department of ,homeland ,security 7other than documents protected from disclosure under section #eeb7;b7 of title #e1 ,united ,states ,code72 2 and 7iv7 in subparagraph 7,d71 as redesignated1 by striking this ,act1 and and inserting this ,act2 and2 and 7#b7 by adding at the end the following3 7#h7 ,failure to provide alien required documents ,a removal proceeding may not proceed until the alien1 or in the case of an alien who is represented by counsel1 the alien's counsel-- 7,a7 has received the documents required under paragraph 7#d77;,c72 and 7,b7 has been provided at least #aj days to review and assess such documents4 4 7e7 ,nonprofit respite centers ,section #cac of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacdc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#d7 to provide assistance to ,state and local governments and local nonprofit organizations that serve aliens 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a777 released from the custody of the ,secretary of ,homeland ,security to address the needs of communities that experience the arrival of a high number of asylum seekers4 2 and 7#b7 by adding at the end the following3 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,director to award grants to the ,national ,board to carry out subsection 7a77#d7 #ajj1jjj1jjj for fiscal year #bjai and each fiscal year thereafter4 4 #g4 ,access by counsel at detention facilities 7a7 ,in general ,the ,secretary of ,homeland ,security shall provide access to counsel for all aliens detained in a facility under the supervision of ,u4,s4 ,immigration and ,customs ,enforcement1 ,u4,s4 ,customs and ,border ,protection1 or the ,department of ,health and ,human ,services1 or in any private facility that contracts with the ,federal ,government to house1 detain1 or hold aliens4 7b7 ,authorization of appropriations for ,legal ,orientation ,program ,there is authorized to be appropriated to carry out the ,legal ,orientation ,program of the ,executive ,office for ,immigration ,review #ee1jjj1jjj for fiscal year #bjai and each fiscal year thereafter4 7c7 ,clarification regarding the authority of the ,attorney ,general ,to appoint counsel to aliens in immigration proceedings 7#a7 ,in general ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb7 is amended to read as follows3 #bib4 ,right to counsel 7a7 ,in general ,except as provided in subsections 7b7 and 7c71 in any removal proceeding and in any appeal proceeding before the ,attorney ,general from any such removal proceeding1 the subject of the proceeding shall have the privilege of being represented by such counsel as may be authorized to practice in such proceeding as he or she may choose4 ,this subsection shall not apply to screening proceedings described in section #bce7;b77#a77;,a74 7b7 ,access to counsel for unaccompanied alien children 7#a7 ,in general ,in any removal proceeding and in any appeal proceeding before the ,attorney ,general from any such removal proceeding1 an unaccompanied alien child 7as defined in section #dfb7;g7 of the ,homeland ,security ,act on #bjjb 7#f ,u4,s4,c4 #bgi7;g777 shall be represented by ,government-appointed counsel1 at ,government expense4 7#b7 ,length of representation ,once a child is designated as an unaccompanied alien child under paragraph 7#a71 the child shall be represented by counsel at every stage of the proceedings from the child's initial appearance through the termination of immigration proceedings1 and any ancillary matters appropriate to such proceedings even if the child attains #ah years of age or is reunified with a parent or legal guardian while the proceedings are pending4 7#c7 ,notice ,not later than #gb hours after an unaccompanied alien child is taken into ,federal custody1 the alien shall be notified that he or she will be provided with legal counsel in accordance with this subsection4 7#d7 ,within detention facilities ,the ,secretary of ,homeland ,security shall ensure that unaccompanied alien children have access to counsel inside all detention1 holding1 and border facilities4 7c7 ,pro bono representation 7#a7 ,in general ,to the maximum extent practicable1 the ,attorney ,general shall make every effort to use the services of competent counsel who agree to provide representation to such children under subsection 7b7 without charge4 7#b7 ,development of necessary infrastructures and systems ,the ,attorney ,general shall develop the necessary mechanisms to identify counsel available to provide pro bono legal assistance and representation to children under subsection 7b7 and to recruit such counsel4 7d7 ,contracts2 grants ,the ,attorney ,general may enter into contracts with1 or award grants to1 nonprofit agencies with relevant expertise in the delivery of immigration-related legal services to children to carry out the responsibilities under this section1 including providing legal orientation1 screening cases for referral1 recruiting1 training1 and overseeing pro bono attorneys4 ,nonprofit agencies may enter into subcontracts with1 or award grants to1 private voluntary agencies with relevant expertise in the delivery of immigration-related legal services to children in order to carry out this section4 7e7 ,model guidelines on legal representation of children 7#a7 ,development of guidelines ,the ,executive ,office for ,immigration ,review1 in consultation with voluntary agencies and national experts1 shall develop model guidelines for the legal representation of alien children in immigration proceedings1 which shall be based on the children's asylum guidelines1 the ,american ,bar ,association ,model ,rules of ,professional ,conduct1 and other relevant domestic or international sources4 7#b7 ,purpose of guidelines ,the guidelines developed under paragraph 7#a7 shall be designed to help protect each child from any individual suspected of involvement in any criminal1 harmful1 or exploitative activity associated with the smuggling or trafficking of children1 while ensuring the fairness of the removal proceeding in which the child is involved4 7f7 ,duties of counsel ,counsel provided under this section shall-- 7#a7 represent the unaccompanied alien child in all proceedings and matters relating to the immigration status of the child or other actions involving the ,department of ,homeland ,security2 7#b7 appear in person for all individual merits hearings before the ,executive ,office for ,immigration ,review and interviews involving the ,department of ,homeland ,security2 7#c7 owe the same duties of undivided loyalty1 confidentiality1 and competent representation to the child as is due to an adult client2 and 7#d7 carry out other such duties as may be proscribed by the ,attorney ,general or the ,executive ,office for ,immigration ,review4 7g7 ,savings provision ,nothing in this section may be construed to supersede-- 7#a7 any duties1 responsibilities1 disciplinary1 or ethical responsibilities an attorney may have to his or her client under ,state law2 7#b7 the admission requirements under ,state law2 or 7#c7 any other ,state law pertaining to the admission to the practice of law in a particular jurisdiction4 4 7#b7 ,rulemaking ,the ,attorney ,general shall promulgate regulations to implement section #bib of the ,immigration and ,nationality ,act1 as added by paragraph 7#a71 in accordance with the requirements set forth in section #cjjf;,a of title #ah1 ,united ,states ,code4 #h4 ,immigration court improvements 7a7 ,hiring of immigration judges 7#a7 ,in general ,during fiscal year #bjai1 the ,attorney ,general shall increase the total number of immigration judges to adjudicate pending cases and efficiently process future cases by not fewer than #ge judges4 7#b7 ,qualifications ,the ,attorney ,general shall ensure that each immigration judge hired under this subsection is-- 7,a7 highly qualified2 and 7,b7 trained to conduct fair and impartial hearings in accordance with applicable due process requirements4 7#c7 ,no preference for candidates with prior service in the ,federal ,government ,in selecting immigration judges under this subsection1 the ,attorney ,general may not assign any preference to a candidate who has prior service in the ,federal ,government over a candidate who-- 7,a7 has equivalent subject-matter expertise based on experience in a nonprofit1 private practice1 or academic setting2 but 7,b7 does not have previous ,federal service4 7b7 ,immigration court staff ,during fiscal year #bjai1 the ,attorney ,general shall-- 7#a7 increase the total number of judicial law clerks for the ,executive ,office for ,immigration ,review by #ge2 and 7#b7 increase the total number of support staff for immigration judges1 including legal assistants and interpreters1 by #cjj4 7c7 ,support staff2 other resources ,the ,attorney ,general shall ensure that the ,executive ,office for ,immigration ,review has sufficient support staff1 adequate technological and security resources1 and appropriate facilities to conduct the immigration proceedings required under ,federal law4 7d7 ,limitation ,amounts appropriated for the ,executive ,office for ,immigration ,review or for any other division1 activity1 or function of the ,department of ,justice may not be used to implement numeric judicial performance standards or other standards that could negatively impact the fair administration of justice by the immigration courts4 7e7 ,docket management for resource conservation ,notwithstanding any opposition from the ,secretary of ,homeland ,security or the ,attorney ,general1 immigration judges may administratively close cases1 and the ,board of ,immigration ,appeals may remand cases for administrative closure1 if an individual in removal proceedings-- 7#a7 appears to be prima facie eligible for a visa or any other immigration benefit2 and 7#b7 has a pending application for such benefit before ,u4,s4 ,citizenship and ,immigration ,services or any other applicable ,federal agency4 7f7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 #i4 ,accountability and oversight 7a7 ,weekly reports 7#a7 ,in general ,not less frequently than weekly1 the ,secretary of ,homeland ,security1 in collaboration with the ,secretary of ,health and ,human ,services1 shall submit to the appropriate committees of ,congress a report that includes1 for the preceding one-week period1 the following3 7,a7 ,the total number of children in the custody of the ,secretary of ,homeland ,security and the ,secretary of ,health and ,human ,services1 disaggregated by-- 7i7 age2 7ii7 the number of children in the custody of the ,secretary of ,homeland ,security2 7iii7 the number of children in the custody of the ,secretary of ,health and ,human ,services2 7iv7 the location of the detention facilities in which such children are housed1 including city and ,state2 and 7v7 average number of days in such custody4 7,b7 7i7 ,the number of deaths of children in such custody1 as applicable1 including relevant details relating to the circumstances of each death4 7ii7 ,the information described in clause 7i7 shall be submitted to ,congress in a weekly report under this paragraph1 as applicable1 notwithstanding a requirement to report to ,congress such information under any other law4 7,c7 ,the total number of such children that were separated from family members4 7,d7 7i7 ,subject to clause 7ii71 the total number of pregnant women in such custody1 disaggregated by-- 7,i7 the number of such women in the custody of the ,secretary of ,homeland ,security2 7,,ii7 the number of such women in the custody of the ,secretary of ,health and ,human ,services2 and 7,,iii7 the location of detention facilities in which such pregnant women are housed1 including city and ,state4 7ii7 ,information described in clause 7i7 may not be submitted in a weekly report if such information renders a pregnant woman personally identifiable4 7,e7 ,the average number of days individuals subject to the migrant protection protocol issued on ,january #bd1 #bjai1 remain in ,mexico for the resolution of ,united ,states immigration proceedings4 7#b7 ,monthly publication ,not less frequently than monthly1 the ,secretary of ,homeland ,security shall publish on an internet website of the ,department of ,homeland ,security that is available to the public a summary of the reports under paragraph 7#a7 for the preceding one-month period4 7b7 ,mandatory access to detention facilities for ,members of ,congress 7#a7 ,in general ,subject to paragraph 7#c71 the ,secretary concerned shall allow a ,member of ,congress to tour any facility in which one or more detained individuals1 including unaccompanied alien children1 are housed at a time between #h3jj a4m4 and #g3jj p4m4 on a date requested by the ,member of ,congress if1 not later than #bd hours before midnight on the date requested1 the ,secretary concerned receives written notice from the ,member of ,congress that includes-- 7,a7 the name of the facility2 and 7,b7 the date on which the ,member of ,congress intends to tour the facility4 7#b7 ,accompanying members of the press 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary concerned shall allow one or more members of the press to accompany a ,member of ,congress on a tour of a facility under this subsection4 7,b7 ,limitations 7i7 ,still or video cameras ,the ,secretary concerned shall not be required to allow a member of the press to enter a facility under subparagraph 7,a7 with a still or video camera4 7ii7 ,personally identifying information ,as a condition of entering a facility under subparagraph 7,a71 a member of the press shall agree not to release any personally identifying information of a staff member of the facility or a child housed at the facility without the express authorization of such staff member or child4 7#c7 ,limitation ,the ,secretary concerned may limit a tour under paragraph 7#a7 to-- 7,a7 in the case of a facility that houses fewer than #ej unaccompanied alien children-- 7i7 not more than five ,members of ,congress2 and 7ii7 accompanying members of the press under paragraph 7#b72 and 7,b7 in the case of a facility that houses not fewer than #ej detained individuals1 including unaccompanied children-- 7i7 not more than ten ,members of ,congress2 and 7ii7 accompanying members of the press under paragraph 7#b74 7#d7 ,definition of ,secretary concerned ,in this subsection1 the term ,secretary concerned means1 as applicable-- 7,a7 the ,secretary of ,homeland ,security2 or 7,b7 the ,secretary of ,health and ,human ,services4