,,ii #aafth ,,congress #ast ,session ,s4 #bbef ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bd1 #bjai,ms4 ,smith 7for herself1 ,ms4 ,cortez ,masto1 ,mr4 ,blumenthal1 ,mr4 ,kaine1 ,mr4 ,casey1 ,ms4 ,klobuchar1 ,mr4 ,markey1 ,ms4 ,harris1 ,ms4 ,duckworth1 ,mr4 ,wyden1 ,mr4 ,reed1 ,ms4 ,hirono1 ,mr4 ,van ,hollen1 ,mr4 ,udall1 ,ms4 ,baldwin1 ,mrs4 ,murray1 ,mr4 ,merkley1 ,mr4 ,menendez1 and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to protect children affected by immigration enforcement actions4 #a4 ,short title ,this ,act may be cited as the ,coordinating ,care for ,children ,affected by ,immigration ,enforcement ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,apprehension ,the term apprehension means the detention or arrest by officials of the ,department or cooperating entities4 7#b7 ,child ,the term child means an individual who is younger than #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 #a 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 ,parent ,the term parent means-- 7,a7 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 country2 or 7,b7 a legal guardian under ,state law or the law of a foreign country4 7#i7 ,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 provide any such individuals with-- 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-- 7,a7 the child's parent or primary caregiver is unable to make care arrangements for the child2 or 7,b7 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 circumstances-- 7,a7 interview individuals in the immediate presence of children2 or 7,b7 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 absent extraordinary circumstances1 ensure that individuals who are the subject of an immigration enforcement action and are parents of children in the ,united ,states who are present during the action are given an opportunity-- 7,a7 to communicate with their child1 including through physical contact2 7,b7 to reassure their child2 and 7,c7 to share information regarding care arrangements for their child while the parent is detained2 and 7#e7 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 circumstances1 and to the extent practicable1 is placed in a detention facility that is-- 7i7 proximate to the location of apprehension2 and 7ii7 proximate to the child's habitual place of residence2 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 facilities4 7b7 ,requests to ,state and local entities ,if the ,secretary requests a ,state or local entity to hold in custody an individual whom the ,department has reason to believe is removable pending transfer of such individual to the custody of the ,secretary or to a detention facility1 the ,secretary shall request that the ,state or local entity provide the individual the protections specified in paragraphs 7#a7 and 7#b7 of subsection 7a7 if such individual is the parent or primary caregiver of a child in the ,united ,states4 7c7 ,protections against trafficking preserved ,nothing in this section may be construed to impede1 delay1 or limit the obligations of the ,secretary1 the ,attorney ,general1 or the ,secretary of ,health and ,human ,services under-- 7#a7 section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb72 7#b7 section #dfb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi72 or 7#c7 the ,stipulated ,settlement ,agreement filed in the ,united ,states ,district ,court for the ,central ,district of ,california on ,january #ag1 #aiig 7,,cv #he-dedd-,,rjk7 7commonly known as the ,flores ,settlement ,agreement74 #d4 ,access to children1 ,state and local courts1 child welfare agencies1 and consular officials ,at all detention facilities1 the ,secretary shall-- 7#a7 prominently post1 in a manner accessible to detainees and visitors1 and include in detainee handbooks-- 7,a7 information regarding the protections required under this ,act2 and 7,b7 information regarding potential eligibility for parole or release2 7#b7 absent extraordinary circumstances1 ensure that individuals who are detained by the ,department and are parents or legal guardians 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 given the opportunity to participate fully and1 to the extent possible1 in person-- 7i7 in all family court proceedings2 and 7ii7 in 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 and opportunity before removal to obtain passports1 apostilled birth certificates1 travel documents1 and other necessary records 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 if doing so would not impact public safety or national security1 facilitate the ability of detained alien parents and primary caregivers to share 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 ,mandatory training ,the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services 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-- 7#a7 regularly engage in immigration enforcement actions1 including detention2 and 7#b7 in the course of such actions1 come into contact with individuals who are parents or primary caregivers of children in the ,united ,states4 #f4 ,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 #d4 #g4 ,severability ,if any provision of this ,act1 any amendment made by this ,act1 or the application of any such provision or amendment to any person or circumstance is held to be unconstitutional1 the remaining provisions of this ,act1 the remaining amendments made by this ,act1 and the application of such provisions and amendments to any person or circumstance shall not be affected by such holding4