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Code · BILL · 113th Congress · H.R. 3163 (Introduced in House) — To provide for comprehensive immigration reform, and for other purposes. · Sec. 163

Sec. 163. Apprehension procedures for families and parents

370 words·~2 min read·/bill/113/hr/3163/ih/section-163·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Department of Homeland Security and entities under agreement with the Department of Homeland Security shall— offer confidential psychosocial and mental health services to children and family members of such individuals at the time of the apprehension; provide, and advertise in the mainstream and foreign language media, as well as make available to the public via the website of the Department of Homeland Security, a toll-free number through which family members of persons apprehended as a result of an immigration enforcement-related activity may report information relevant to the release of an apprehended family member as a member of a vulnerable population, which will be conveyed to the appropriate Department of Homeland Security official and applicable SSA, and through which State child welfare service providers, family members, and legal counsel representing those who are apprehended may obtain information about the apprehended family members, including their location, in English and the majority language of those who are apprehended; if there is reason to believe that an individual who is apprehended is a parent, legal guardian, or primary caregiver relative of a dependent child in the United States, provide this parent, legal guardian, or primary caregiver relative with— confidential and toll-free telephone calls to arrange for care of dependent children within 2 hours of screening; information regarding and contact information for legal service providers, organizations, and attorneys that can offer free legal advice regarding child welfare and custody determinations; and information regarding and contact information for multiple State and local child welfare providers; ensure that personnel of the Department of Homeland Security and of entities operating under agreement with the Department do not— interrogate or screen individuals in the immediate presence of children; interrogate, arrest, or detain any child apprehended with his or her parent or parents without the presence or consent of a parent, family member, legal guardian, or legal counsel; or compel or request children to translate for other individuals who are encountered as part of an immigration enforcement-related activity; and ensure that the best interests of children are considered in decisions and actions relating to the detention or release of any individual apprehended by the Department of Homeland Security, and that there be a preference for family unity whenever appropriate.
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