Sec. 1006. Custody of unaccompanied alien children in formal removal proceeding
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Section 235(c) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c) ) is amended— in paragraph
(2)by inserting at the end the following: An unaccompanied alien child who has been placed in a proceeding under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ) may not be placed in the custody of a nongovernmental sponsor or otherwise released from the immediate custody of the United States Government unless— the nongovernmental sponsor is a biological or adoptive parent of the unaccompanied alien child; the parent is legally present in the United States at the time of the placement; the parent has undergone a mandatory biometric criminal history check; and the Secretary of Health and Human Services has determined that the unaccompanied alien child is not a danger to self, danger to the community, or risk of flight. If the Secretary of Health and Human Services determines that an unaccompanied alien child is a victim of severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )), a special needs child with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )), a child who has been a victim of physical or sexual abuse under circumstances that indicate that the child’s health or welfare has been significantly harmed or threatened, or a child with mental health needs that require ongoing assistance from a social welfare agency, the unaccompanied alien child may be placed with a grandparent or adult sibling if the grandparent or adult sibling meets the requirements set out in subclauses (II), (III), and
(IV)of clause (i). An unaccompanied alien child who is 15, 16, or 17 years of age placed with a nongovernmental sponsor or, in the case of an unaccompanied alien child younger than 15 years of age placed with a nongovernmental sponsor, such nongovernmental sponsor shall— enroll in the alternative to detention program of U.S. Immigration and Customs Enforcement; and continuously wear an electronic ankle monitor while the unaccompanied alien child is in removal proceedings. If an electronic ankle monitor required by subclause
(I)is tampered with, the sponsor of the unaccompanied alien child shall be subject to a civil penalty of $150 for each day the monitor is not functioning due to the tampering, up to a maximum of $3,000. The Secretary of Health and Human Services shall remove an unaccompanied alien child from a sponsor if the sponsor violates the terms of the agreement specifying the conditions under which the alien was placed with the sponsor. If an unaccompanied alien child is placed with a sponsor and fails to appear in a mandatory court appearance, the sponsor shall be subject to a civil penalty of $250 for each day until the alien appears in court, up to a maximum of $5,000. The sponsor is not subject to the penalty imposed under subclause
(I)if the sponsor— appears in person and proves to the immigration court that the failure to appear by the unaccompanied alien child was not the fault of the sponsor; and supplies the immigration court with documentary evidence that supports the assertion described in item (aa). The Secretary of Health and Human Services may not place an unaccompanied alien child under this subparagraph in the custody of an individual who has been convicted of, or the Secretary has reason to believe was otherwise involved in the commission of— a sex offense (as defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)); or a crime involving severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )). A biometric criminal history check required by clause (i)(IV) shall be conducted using a set of fingerprints or other biometric identifier through— the Federal Bureau of Investigation; criminal history repositories of all States that the individual lists as current or former residences; and any other State or Federal database or repository that the Secretary of Health and Human Services determines is appropriate. .
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Sec. 1006
Custody of unaccompanied alien children in formal removal proceeding
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