Sec. 3. Reunification of separated families
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/bill/115/hr/6594/ih/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 10 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Health and Human Services, after immediate consultation with humanitarian organizations, child welfare organizations, State child welfare agencies, and States contiguous with the border with Mexico, shall promulgate and publish a rule through a direct final rule that specifically describes the coordinated efforts that DHS and HHS will undertake to aid an apprehended parent or legal guardian in locating and reuniting with any children separated from them at or near the port of entry, or within 100 miles of the border, pursuant to applicable law.
The rule promulgated pursuant to paragraph
(1)shall— be developed to protect the best interests of affected children; describe all pro bono or government-funded services, including immigration services, available for apprehended parents and legal guardians or affected children; and be made publicly available in writing and on the websites of DHS and HHS. The rule published pursuant to subsection
(a)shall outline the coordinated efforts of DHS and HHS, including efforts— to develop and conduct family tracing procedures, in cooperation with nongovernmental experts in child welfare best practices; to maintain a functional, accessible, frequent, and no-cost means for apprehended parents and legal guardians to contact their child through a telephone hotline or visual conferencing— to obtain daily-updated information about the location of their child and all scheduled immigration proceedings for their child; and to set up opportunities to speak with their child not fewer than 3 times per week, including at least once by video; to facilitate substantial daily access of nongovernmental case workers, child advocates, and legal counsel to children separated from their apprehended parents and legal guardians to represent these children’s best interests in custody decisions and immigration proceedings; to provide for humanitarian organizations and State and local child welfare agencies in the jurisdictions in which the children are located to conduct unannounced, independent weekly inspections of all DHS and HHS facilities at which children who are separated from their apprehended parents or legal guardians are in custody; to coordinate with the Department of State and embassies and consulates of foreign governments to locate apprehended parents and legal guardians of children who have departed from the United States; to provide clear notice to apprehended parents and legal guardians of their legal rights, including— their parental and guardianship rights with respect to their child who has been designated as an unaccompanied alien child; and their right to designate another parent, legal guardian, or other qualified adult custodian to sponsor and care for such child; to facilitate information sharing by apprehended parents and legal guardians about any arrangements to depart the United States with their consulate, their child, their child’s case worker, legal counsel, child advocate, and other adult custodians in advance of their departure; to provide apprehended parents and legal guardians with order of deportation or removal access to nongovernmental organizations providing assistance with locating and reunifying with their child; to provide cost-free transportation of children separated from their apprehended parents or legal guardians to reunite with them or another parent, legal guardian, or other qualified adult custodian to which the children consent; to establish a recordkeeping system that will maintain information to aid the reunification of every child separated from an apprehended parent or legal guardian; to provide free telephone calls between apprehended parents or legal guardians and their child; to provide legal counsel to children separated from their apprehended parents or legal guardians and to ensure that every such child is represented by a licensed attorney; and to otherwise assist with the reunification of separated families. Shortly after the rule is published pursuant to subsection (a), the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Attorney General shall provide each apprehended parent or legal guardian who has been separated from his or her child written notice, in English, Spanish, or another language understandable by the parent or legal guardian, upon request, of any rules or guidance that may assist them in their efforts to locate and reunify with their child. DHS and HHS shall ensure immediate reunification of children that remain separated from their apprehended parent or legal guardian. DHS and HHS shall— issue a privacy impact assessment related to the use of DNA testing under section 4; and establish a process for redressing violations of the requirements under this section. DHS and HHS may not reunite an apprehended parent or legal guardian with their child under this section if— the child has been determined to be a victim of trafficking, or is at significant risk of becoming a victim of trafficking, by that apprehended parent or legal guardian, as determined by a Chief Border Patrol Agent or Customs and Border Protection Area Port Director in their official and undelegated capacity; the child appears to be in danger of abuse or neglect at the hands of the apprehended parent or legal guardian; the child is a danger to himself, herself, or others, as determined by a State court or an official from a State or county child welfare agency in his or her official and undelegated capacity; or there is a strong likelihood that the adult is not the apprehended parent or legal guardian of the child.