,,ii #aaith ,,congress #b;d ,session ,s4 #dchi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bg1 #bjbf,ms4 ,smith 7for herself1 ,ms4 ,baldwin1 ,mr4 ,bennet1 ,mr4 ,blumenthal1 ,ms4 ,cortez ,masto1 ,ms4 ,duckworth1 ,mrs4 ,gillibrand1 ,ms4 ,hirono1 ,mr4 ,kaine1 ,mr4 ,kim1 ,ms4 ,klobuchar1 ,mr4 ,markey1 ,mrs4 ,murray1 ,ms4 ,rosen1 ,mr4 ,sanders1 ,ms4 ,warren1 ,mr4 ,welch1 and ,mr4 ,van ,hollen7 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 actions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,humane ,enforcement and ,legal ,protections for ,separated ,children ,act or ,,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 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 ,federal1 ,state or local entity acting under an agreement with the ,secretary relating to immigration detention and apprehension4 7#e7 ,department ,the term ,department means the ,department of ,homeland ,security4 7#f7 ,detention facility 7,a7 ,in general ,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,b7 ,inclusions ,the term detention facility includes-- 7i7 any short-term holding facility operated by ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection that is used to hold individuals for internal immigration enforcement purposes2 and 7ii7 any space where an individual or family unit is held in custody by the ,department4 7#g7 ,immigration enforcement action ,the term immigration enforcement action means the apprehension of #a or more individuals who the ,secretary has reason to believe are removable under section #bcg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg74 7#h7 ,parent ,the term parent means-- 7,a7 a biological or adoptive parent of a child1 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 and 7,c7 a kin caregiver who has historically cared for a child when a parent is not present4 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 #c4 ,identification of parents detained during immigration enforcement actions ,the ,secretary and any cooperating entity shall-- 7#a7 as soon as practicable but generally not later than #b hours after an immigration enforcement action occurs1 inquire whether a detained or arrested individual is a parent of a child in the ,united ,states1 and document such information2 and 7#b7 generally inquire about any changes to the parental status of the individual while the individual is in the custody of the ,secretary or the cooperating entity-- 7,a7 at every official interaction with personnel of a detention facility2 and 7,b7 not less than #aj days before the date on which the individual is removed from the ,united ,states4 #d4 ,apprehension procedures for immigration enforcement actions 7a7 ,in general ,in any immigration enforcement action1 the ,secretary and any cooperating entity shall-- 7#a7 provide each apprehended individual who is a parent of a child in the ,united ,states-- 7,a7 the opportunity to make as many telephone calls as necessary to arrange for the care of such child in the absence of the individual2 and 7,b7 with contact information1 in the preferred language of the individual1 for-- 7i7 attorneys and legal service providers capable of providing free legal advice or representation regarding child welfare1 child custody determinations1 and immigration matters2 7ii7 the consulate of the applicable foreign country2 and 7iii7 child welfare agencies and family courts in the jurisdiction in which any such child is located2 7#b7 notify the child welfare agency with jurisdiction over any such child only if-- 7,a7 the apprehended parent wants the child to remain in the ,united ,states and is unable to make care arrangements for the child2 or 7,b7 the ,department has information specific to any such child that the child is at imminent risk of serious harm1 and any such information shall be documented and shared with the apprehended parent2 7#c7 except in a case of medical necessity or in extraordinary circumstances1 ensure that personnel of the ,department and the cooperating entity do not-- 7,a7 in the presence of any child1 make excessive use of force1 including drawing weapons and throwing individuals to the ground1 in the arrest or apprehension of individuals2 7,b7 compel or request any child to interpret or translate in the interview of a parent or of any other individual encountered during the immigration enforcement action2 or 7,c7 engage in any deception of a child for purposes of facilitating or initiating immigrant enforcement against the child's parents1 other family or household members1 or any other individual2 7#d7 in the case of an apprehended parent whose child is present during the immigration enforcement action1 except in extraordinary circumstances1 ensure that the parent is provided an opportunity-- 7,a7 to communicate with the child1 including through physical contact2 7,b7 to reassure the child2 and 7,c7 to share information regarding care arrangements for the child with any other individual who is present or who may be reached by telephone while the apprehended parent is detained2 and 7#e7 ensure that any apprehended individual who is a parent of a child in the ,united ,states-- 7,a7 except in a case of medical necessity or in extraordinary circumstances-- 7i7 is not transferred from the location at which the individual is apprehended until the individual-- 7,i7 has made arrangements for the care of such child2 or 7,,ii7 if such arrangements are unavailable or the individual is unable to make such arrangements within #dh hours of the immigration enforcement action-- 7aa7 is consulted and allowed to participate in the decisionmaking process to arrange with the ,department for the care arrangements made for the child2 and 7bb7 is provided with a means to maintain communication with the child2 and 7ii7 to the extent practicable1 is placed in a detention facility that will facilitate opportunities for regular visitation with a child during detention and is proximate to-- 7,i7 the habitual place of residence of the child2 and 7,,ii7 the location of the immigration enforcement action2 and 7,b7 receives due consideration of the best interests of the child in any decision or action relating to the individual's detention1 release1 or transfer between detention facilities4 7b7 ,requests to ,state and local entities ,if the ,secretary makes a request to a cooperating entity to hold in custody an individual who the ,secretary has reason to believe is removable under section #bcg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7 pending transfer of such individual to the custody of the ,secretary or to a detention facility1 the ,secretary shall ensure that the cooperating entity provides the individual the protections described in paragraphs 7#a7 and 7#b7 of subsection 7a7 if such individual is the parent 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 #e4 ,access to children1 ,state and local courts1 child welfare agencies1 and consular officials 7a7 ,in general ,at each detention facility1 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 under this ,act2 and 7,b7 information regarding potential eligibility for parole or release2 7#b7 except in extraordinary circumstances1 ensure that each individual detained by the ,department who is a parent of a child in the ,united ,states-- 7,a7 has the opportunity to make free1 regular phone and video calls and contact visits with such child1 ideally in a community or child-friendly setting2 7,b7 is provided with contact information for child welfare agencies and family courts in the relevant jurisdictions2 7,c7 has the opportunity to participate fully and1 to the extent practicable1 in person-- 7i7 in all family court proceedings2 7ii7 in any other proceeding that may impact the right of the individual to custody of such child2 and 7iii7 in case planning activities2 7,d7 has the opportunity to make free and confidential telephone calls to legal counsel1 relevant child welfare agencies1 and family courts as often as necessary to ensure that the best interests of such child1 including a preference for family unity whenever appropriate1 may be considered in child welfare agency or family court proceedings2 and 7,e7 is provided-- 7i7 the opportunity to fully comply with all family court or child welfare agency orders impacting the custody of such child2 7ii7 access to ,united ,states passport applications or other relevant travel document applications for the purpose of obtaining travel documents for such child2 7iii7 timely access to a notary public for purposes of applying for a passport for such child or executing guardianship or other agreements to ensure the safety of such child2 and 7iv7 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 child if such child will accompany the individual to the country of origin of the individual or eventually join the individual in such country2 and 7#c7 if doing so would not impact public safety or national security1 facilitate the ability of each detained parent to share information regarding travel arrangements with his or her counsel1 consulate1 children1 child welfare agencies1 or other caregivers before the parent departs the ,united ,states4 7b7 ,designation of points of contact ,for each detention facility and field office of ,u4,s4 ,immigration and ,customs ,enforcement1 the ,secretary shall designate a point of contact who shall be responsible for ensuring that each detained parent of a child who is in the ,united ,states is provided all opportunities necessary to comply with child welfare case plans and participate in family court proceedings4 7c7 ,appointment of national coordinator ,the ,secretary shall appoint a national coordinator who shall-- 7#a7 serve as the primary point of contact and subject-matter expert for all ,u4,s4 ,immigration and ,customs ,enforcement personnel regarding ,state child welfare and guardianship issues for parents subject to immigration enforcement actions2 7#b7 conduct data collection and analysis with respect to the parental status of individuals who are in the custody of the ,secretary2 7#c7 on an ongoing basis1 share relevant information based on such data with points of contact designated under subsection 7b72 7#d7 provide child welfare stakeholders and such points of contact with guidance and training on-- 7,a7 facilitating the ability of detained parents to participate in family court proceedings relating to their children2 7,b7 visitation protocols2 and 7,c7 coordinating contact between parents and counsel1 consulates1 child welfare personnel1 family members1 and caregivers2 and 7#e7 facilitate reunification with parents prior to removal and after removal if requested by the parent1 including by-- 7,a7 establishing procedures2 7,b7 assisting with travel documents2 7,c7 coordinating with ,federal1 ,state1 and local child welfare agencies1 caretakers1 foreign governments1 and other appropriate stakeholders2 and 7,d7 arranging travel4 #f4 ,prosecutorial discretion ,the ,secretary shall prioritize the exercise of discretion in any instance in which the parent of a child is subject to an immigration enforcement action by considering the best interests of the child in decisions1 including-- 7#a7 whether to prosecute the individual for #a or more immigration violations2 7#b7 whether to transfer the individual to another detention facility that is farther away from the place of habitual residence of the child2 7#c7 whether to release the individual so the individual may continue to care for the child2 and 7#d7 whether to consider alternatives to the detention or release of the individual4 #g4 ,facilitation of return to the ,united ,states ,the ,secretary may facilitate on a case-by-case basis reentry of a parent to the ,united ,states who was previously removed through a grant of parole if the individual is able to demonstrate-- 7#a7 that the individual has a termination of parental rights hearing or other family court hearing pending or ongoing in the ,united ,states for the purposes of attending the hearing2 7#b7 that the child of the individual is experiencing a humanitarian need1 such as a medical emergency2 or 7#c7 that the child of the individual is deceased for purposes of attending the funeral of the child in the ,united ,states4 #h4 ,mandatory training 7a7 ,in general ,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 #d and #e 7including on methods to minimize trauma to children and to detect signs of abuse or neglect7 to all employees of the ,department1 cooperating entities1 and detention facilities who-- 7#a7 hold positions related to parental interests2 7#b7 regularly engage in immigration enforcement actions1 including the detention of individuals2 and 7#c7 in the course of such actions1 come into contact with parents of children who are in the ,united ,states4 7b7 ,provision of training ,the training under subsection 7a7 shall be provided-- 7#a7 in the case of current employees of the ,department1 cooperating entities1 and detention facilities1 not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter2 and 7#b7 in the case of any employee of the ,department1 a cooperating entity1 or a detention facility who is hired after the date that is #ahj days after the date of the enactment of this ,act1 on the date on which the employee commences duty1 and annually thereafter4 #i4 ,data collection 7a7 ,in general ,on the date that is #ahj days after the date of the enactment of this ,act1 and every #ahj days thereafter1 the ,secretary1 in consultation and collaboration with the ,secretary of ,health and ,human ,services1 shall collect and maintain the following information3 7#a7 ,of individuals in the custody of ,u4,s4 ,immigration and ,customs ,enforcement-- 7,a7 the number and percentage who are parents of a child who is in the ,united ,states2 and 7,b7 the number and percentage who are parents of a child involved in the child welfare system in the ,united ,states4 7#b7 ,for the preceding #ahj-;day period-- 7,a7 the number of parents of a child in the ,united ,states who have been apprehended by ,u4,s4 ,immigration and ,customs ,enforcement and released2 and 7,b7 of the number of individuals released by ,u4,s4 ,immigration and ,customs ,enforcement during such period1 the percentage who are such parents4 7#c7 ,the number of individuals in the custody of ,u4,s4 ,immigration and ,customs ,enforcement who are parents of a child involved in the child welfare system in the ,united ,states1 and the percentage of such individuals among all individuals detained by ,u4,s4 ,immigration and ,customs ,enforcement who are parents4 7#d7 ,the number of individuals who are parents of a child involved in the child welfare system in the ,united ,states who have been released from the custody of ,u4,s4 ,immigration and ,customs ,enforcement1 and the percentage of such individuals among all individuals who are parents and have been released from the custody of ,u4,s4 ,immigration and ,customs ,enforcement4 7#e7 ,the number of parents subject to a final order of removal who have elected to take their child with them to the country of removal1 and the percentage of such parents among all parents with children who are subject to removal orders4 7#f7 ,the number of parents subject to a final order of removal who have elected to leave their child in the ,united ,states1 and the percentage of such parents among all parents with children who are subject to removal orders4 7#g7 ,the number of personnel who have received training on the parental rights of individuals in the custody of ,u4,s4 ,immigration and ,customs ,enforcement1 the titles of such personnel1 and the percentage of such personnel among all field staff of ,u4,s4 ,immigration and ,customs ,enforcement4 7#h7 ,the average number of visits a detained parent receives from his or her child during a #ahj-;day period4 7#i7 ,the average and median distance between a detention facility housing detainee parents and the domicile of the children of such parents4 7#aj7 ,the number of transfers1 if any1 to different detention facilities a parent experienced1 including the distance of the facility from the site of the enforcement action4 7b7 ,report 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 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 the ,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 the ,committee on ,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 initial efforts of the ,secretary to fulfill the obligations under this ,act1 including a description of the manner in which the ,secretary plans to establish or integrate data collection and storage protocols related to this ,act4 7#c7 ,subsequent reports ,each subsequent report submitted under paragraph 7#a7 shall include-- 7,a7 the number of employees of the ,department1 coordinating entities1 and detention facilities provided annual training under section #g2 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 ,public availability ,the ,secretary shall make the report required by subsection 7b7 available to the public on a website of the ,department4 7d7 ,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 #aj4 ,rulemaking ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations to implement this ,act4 #aa4 ,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