,i #aaith ,,congress #b;d ,session ,h4 ,r4 #igde ,,in ,,the ,,house ,,of ,,representatives ,july #af1 #bjbf,ms4 ,jayapal 7for herself1 ,ms4 ,barragn1 ,mr4 ,casar1 ,ms4 ,chu1 ,mr4 ,correa1 ,ms4 ,crockett1 ,mr4 ,davis of ,illinois1 ,ms4 ,dexter1 ,mr4 ,frost1 ,mr4 ,garca of ,illinois1 ,mr4 ,goldman of ,new ,york1 ,mr4 ,johnson of ,georgia1 ,mr4 ,krishnamoorthi1 ,ms4 ,lee of ,pennsylvania1 ,mr4 ,lieu1 ,mr4 ,mc,govern1 ,ms4 ,mejia1 ,ms4 ,omar1 ,mr4 ,pocan1 ,ms4 ,simon1 ,mr4 ,smith of ,washington1 ,ms4 ,tlaib1 ,mr4 ,tonko1 ,ms4 ,velzquez1 ,ms4 ,wasserman ,schultz1 ,mr4 ,de,saulnier1 and ,mr4 ,carson7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to require certain protections for any dependent child whose parent is a detained alien1 and for other purposes4 #a4 ,short title ,this ,act may be cited as ,orlin's ,law4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 family units should be considered a humanitarian or significant public benefit as it relates to the authority of the ,secretary of ,homeland ,security to grant parole under section #bab7;d77#e7 of the ,immigration and ,nationality ,act2 and 7#b7 being an alien parent shall not be considered a negative factor when determining child custody4 #c4 ,special rule for parents 7a7 ,parents ,not later than #b hours after taking an alien into custody under the immigration laws 7as such term is defined in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja771 and prior to transferring the alien to a detention facility1 the ,secretary of ,homeland ,security shall request information from the alien on whether the alien is a covered parent and document the response4 7b7 ,limitation on detention ,if the ,secretary of ,homeland ,security determines that an alien who is in custody under the immigration laws is a covered parent1 the ,secretary shall release such alien unless an immigration judge determines that the ,secretary has demonstrated1 by clear and convincing evidence1 that the alien poses an individualized risk to the safety of any other person or the community that cannot be mitigated through placement in a supervised release program4 7c7 ,safety risks ,in the case that a covered parent poses an individualized risk described in subsection 7b71 the ,secretary of ,homeland ,security shall determine the least restrictive placement for the individual1 including placement in a community-based supervision program under section #bcf7;g7 of the ,immigration and ,nationality ,act4 7d7 ,requirement ,in the case that an alien is in custody under the immigration laws1 the ,secretary of ,homeland ,security shall inquire about the parental status1 or a change in parental status1 of such alien during any interaction relating to the determination of the alien's immigration status and no less than once each month4 #d4 ,identifying detained parents 7a7 ,detained aliens ,any covered parent in the custody of the ,department of ,homeland ,security shall be allowed to-- 7#a7 make telephone calls1 without charge1 to arrange for the care of each of their dependent children prior to any transfer1 including in preparation for removal2 7#b7 arrange regular in person visits with each of their dependent children2 and 7#c7 make daily telephone and video calls to each of their dependent children1 without charge4 7b7 ,limitation on transfers ,the ,secretary of ,homeland ,security may not transfer a covered parent who is detained under the immigration laws to an area of responsibility of ,u4,s4 ,immigration and ,customs ,enforcement that is a different area of responsibility than the area in which the covered parent was initially detained or the habitual place of residence of the child of such parent1 except in exceptional circumstances or if legally required4 #e4 ,attending court proceedings 7a7 ,in general ,the ,secretary of ,homeland ,security shall ensure that any covered parent has the opportunity to-- 7#a7 initiate or participate fully and1 to the extent practicable1 in person in-- 7,a7 any family court proceeding2 7,b7 any other proceeding that may impact the right of the individual to take custody of their dependent child2 and 7,c7 any case planning activity2 7#b7 make confidential telephone calls1 without charge1 to any legal counsel1 relevant child welfare agency or applicable contracted entity or provider1 community and family members1 or family court as often as necessary to ensure that the best interests of such dependent child1 including a preference for family unity whenever appropriate1 may be considered in a child welfare agency or family court proceeding2 7#c7 fully comply with each family court or child welfare agency order impacting the custody of such dependent child2 7#d7 submit ,united ,states passport applications or other relevant travel document applications for the purpose of obtaining travel documents for such dependent child2 7#e7 have timely and free access to a notary public for purposes of applying for a passport for such dependent child or executing guardianship or other agreements to ensure the safety of such dependent child2 7#f7 have adequate time and opportunity before removal to obtain passports1 apostilled birth certificates1 travel documents1 medical records1 educational records1 and other necessary records on behalf of such dependent child if such child will accompany the individual to the country of removal or eventually join the individual in such country2 7#g7 have adequate time and access to any documents in the possession of the ,secretary of ,homeland ,security that are necessary to make arrangements for the dependent child's care1 travel1 or safety1 including access to any identity document and passport of the covered parent2 7#h7 have adequate time and notice regarding their dependent child's travel arrangements with respect to removal1 including the time of travel1 reporting location1 manner of transportation1 and who is facilitating such travel2 and 7#i7 share information regarding such travel arrangements with his or her legal counsel1 consulate1 dependent child1 child welfare agencies1 or other caregivers before the alien departs the ,united ,states4 7b7 ,immigration court proceedings ,during a proceeding before an immigration court the immigration judge shall1 as the judge determines necessary1 appoint counsel to a covered parent1 at the expense of the ,government1 during family integrity custody review proceedings4 #f4 ,parental rights ,if a dependent child is physically separated from a covered parent as a result of such parent's detention under the immigration laws1 and a ,state court has not made a determination that the parental rights of such parent have been terminated1 there is a presumption that-- 7#a7 the parental rights remain intact2 and 7#b7 such separation does not constitute an affirmative determination of abandonment1 abuse1 or neglect under ,federal or ,state law4 #g4 ,removal of detained parents 7a7 ,request for removal with dependent child ,the ,secretary of ,homeland ,security shall provide oral and written notice to each covered parent who is subject to a final order of removal1 in each covered parent's preferred language1 that the alien may1 in writing-- 7#a7 request removal from the ,united ,states with1 and to the same country as1 their dependent children2 and 7#b7 amend a request described in paragraph 7#a74 7b7 ,rule of construction ,nothing in this section may be construed to give effect to any request under this section made under duress or any other coercive condition4 #h4 ,training and ,national ,coordinator 7a7 ,establishment ,there is established within the headquarters of ,u4,s4 ,immigration and ,customs ,enforcement an ,office of ,detained ,parent ,coordination1 headed by the ,national ,coordinator4 7b7 ,responsibilities ,the ,national ,coordinator shall be responsible for the following3 7#a7 ,serving as the primary point of contact and subject-matter expert for ,enforcement and ,removal ,operations personnel of ,u4,s4 ,immigration and ,customs ,enforcement regarding ,state child welfare or guardianship issues related to detained aliens4 7#b7 ,conducting data collection and analysis1 including evaluating1 on an ongoing basis1 information collected from a ,u4,s4 ,immigration and ,customs ,enforcement records system4 7#c7 ,assigning and maintaining field points of contact for matters pertaining to detained covered parents4 7#d7 ,providing guidance to each field point of contact assigned under paragraph 7#c7 on-- 7,a7 participation in family court1 child welfare1 or guardianship proceedings for detained covered parents2 7,b7 visitation protocols for detained covered parents2 and 7,c7 facilitation of participation by detained covered parents in child welfare services and programs4 7#e7 ,ensuring that detained covered parents are provided the opportunity to-- 7,a7 consult with counsel and consular officials2 7,b7 communicate with family courts1 child welfare personnel1 and family members or friends to arrange guardianship or care1 in accordance with sections #d and #e2 7,c7 obtain travel documents or make necessary travel arrangements1 for the dependent child of such alien2 and 7,d7 access necessary services to meet case plans1 status and permanency goals in child welfare proceedings4 7#f7 ,coordinating with relevant ,enforcement and ,removal ,operations personnel1 field office directors1 ,state or local court or child welfare personnel1 legal counsel representing covered parents1 and consular officials to facilitate the timely response to any issue or complaint received by ,u4,s4 ,immigration and ,customs ,enforcement regarding the parental or guardianship interests of a detained alien4 7#g7 ,establishing and maintaining a national1 publicly available designated mechanism through which family courts1 child welfare agencies1 legal counsel1 and other stakeholders may provide the ,secretary of ,homeland ,security with notice of family court proceedings1 child welfare matters1 case planning activities1 or other proceedings affecting a covered parent's custodial rights or relationship with their dependent child1 for the purpose of facilitating the parent's timely notice of and meaningful participation in such proceedings4 7#h7 ,facilitating the removal of covered parents with each dependent child1 as requested4 7#i7 ,assisting with obtaining travel documents for dependent children as needed4 7#aj7 ,coordinating with ,federal and ,state or local child welfare agencies1 caretakers1 foreign governments1 or other appropriate stakeholders4 7#aa7 ,establishing travel procedures 7that do not use contractors7 for a dependent child to travel and be conveyed safely to the detention facility in which the covered parent is located for reunification and travel prior to removal4 7c7 ,training ,the ,secretary of ,homeland ,security1 in consultation with independent child welfare and family law experts1 shall develop and provide training on the protections required under this ,act to each employee of the ,department of ,homeland ,security1 including detention facility staff who interact with covered parents4 7d7 ,staff ,the ,office of ,detained ,parent ,coordination shall be staffed by not less than #h full-time employees4 7e7 ,qualification of ,national ,coordinator ,the ,national ,coordinator shall have not less than #aj years of experience in child welfare1 family court matters1 or guardianship matters4 7f7 ,online detainee locator system ,the ,secretary of ,homeland ,security shall ensure that the online detainee locator system maintained by the ,department1 or any successor system1 is updated to include information on whether aliens were referred by ,state and local law enforcement agencies prior to transfer into the custody of ,u4,s4 ,immigration and ,customs ,enforcement4 #i4 ,community-based case management program ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended by adding at the end the following3 7g7 ,community-,based case management program ,the ,secretary of ,homeland ,security shall establish1 outside of the purview of ,u4,s4 ,immigration and ,customs ,enforcement1 a community-based case management program that-- 7#a7 provides alternatives to detaining aliens2 and 7#b7 offers a continuum of community-based support options and services1 including-- 7,a7 case management2 7,b7 access to-- 7i7 social services2 7ii7 medical and mental health services2 7iii7 housing2 7iv7 transportation2 and 7v7 legal services2 and 7,c7 provides services in the appropriate language4 4 #aj4 ,reporting requirements 7a7 ,in general ,on a quarterly basis1 the ,secretary of ,homeland shall publish on the ,department of ,homeland ,security website-- 7#a7 the number of covered parents that were-- 7,a7 detained by ,u4,s4 ,immigration and ,customs ,enforcement2 7,b7 transferred to the custody of the ,department of ,homeland ,security from a ,state or local law enforcement agency2 7,c7 supported by the ,secretary to make custody arrangements for each of their dependent children immediately after being taken into custody2 and 7,d7 supported by the ,director of ,u4,s4 ,immigration and ,customs ,enforcement to make custody arrangements while in ,u4,s4 ,immigration and ,customs ,enforcement custody2 7#b7 the number of such aliens in any ongoing proceeding1 disaggregated by type of proceeding including family court1 child welfare1 or guardianship proceeding2 7#c7 the number of such aliens with respect to which ,u4,s4 ,immigration and ,customs ,enforcement facilitated participation in such proceedings2 7#d7 the minimum1 maximum1 average1 and median duration for which covered parents who are detained by ,u4,s4 ,immigration and ,customs ,enforcement are in the custody2 7#e7 information on the placement of dependent children whose parent is a detained alien1 including placement in foster care2 and 7#f7 the number of dependent children removed with their parent1 disaggregated by the citizenship status and age of such children4 7b7 ,submission to ,congress 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and every #ahj days thereafter1 the ,secretary of ,homeland ,security shall submit a report that contains the information collected under subsection 7a7 for the preceding #ahj-;day period to-- 7,a7 the ,committee on the ,judiciary1 ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7,b7 the ,committee on the ,judiciary1 ,committee and ,homeland ,security1 and the ,committee on ,education and ,workforce of the ,house of ,representatives4 7#b7 ,initial report ,the initial report submitted under paragraph 7#a7 shall include a detailed summary of the efforts of the ,secretary to carry out this ,act1 including a description of the manner in which the ,secretary plans collect and store the data required to be included in each report4 7#c7 ,subsequent reports ,each subsequent report submitted under paragraph 7#a7 shall include1 for the preceding #ahj-;day period-- 7,a7 the number employees of the ,department1 coordinating entities1 and detention facilities provided annual training under section #h2 and 7,b7 the number of new employees of the ,department1 coordinating entities1 and detention facilities who have been provided an initial training under that section4 7c7 ,methods ,in carrying out this section1 the ,secretary shall ensure that-- 7#a7 the methods for collecting information are consistent from year to year so as to enable the tracking of trends across years2 and 7#b7 personally identifiable information is protected4 #aa4 ,remedies 7a7 ,in general ,notwithstanding the immigration laws 7as such term is defined in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja771 in the case of a covered parent described in subsection 7b71 the ,secretary of ,homeland ,security shall-- 7#a7 if the parent desires reunification1 facilitate the reunification in the ,united ,states of any dependent child with the parent in a community-based setting1 at the expense of the ,government1 as expeditiously as possible1 but not later than #b months after the removal of the covered parent2 and 7#b7 facilitate1 at the expense of the ,government1 the ability of the parent to make necessary arrangements for their dependent child to remain in the ,united ,states1 including participation in any family court or child welfare proceedings4 7b7 ,covered parent described ,a covered parent described in this subsection is a covered parent-- 7#a7 who was removed from the ,united ,states2 7#b7 with respect to whom the ,secretary did not afford the protections required under this ,act2 and 7#c7 whose dependent child remained in the ,united ,states after the parent's removal4 #ab4 ,savings clause ,nothing in this ,act may be construed to impede1 delay1 or limit the obligations of the ,secretary of ,homeland ,security1 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-aj;,,bur#bfaei ,v#c,y ,s4,l4,c4#dedd-,,rjk7 7commonly known as the ,flores ,settlement ,agreement74 #ac4 ,definitions ,in this ,act3 7#a7 ,covered parent ,the term covered parent means an alien who is a parent of a dependent child1 which child is physically present in the ,united ,states4 7#b7 ,dependent child ,the term dependent child means an individual who-- 7,a7 has not attained the age of #ah2 or 7,b7 is incapable of self-support because of physical1 medical1 or mental disability4 7#c7 ,parent ,the term parent means-- 7,a7 a biological or adoptive parent1 or an adult otherwise recognized by the law of a foreign country as a parent1 whose parental rights have not been relinquished or terminated under ,state law or the law of a foreign country2 7,b7 a legal guardian of a child under ,state law or the law of a foreign country2 or 7,c7 a kin caregiver4