Sec. 325. 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 adding at the end the following: Notwithstanding any settlement or consent decree previously issued before date of enactment of the Building America’s Trust Act and section 236.3 of title 8, Code of Federal Regulations, or similar successor regulation, 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 or legal guardian of the alien child; the parent or legal guardian is legally present in the United States at the time of the placement; the parent or legal guardian has undergone a mandatory biometric criminal history check; if the nongovernmental sponsor is the biological parent, the parent’s relationship to the alien child has been verified through DNA testing conducted by the Secretary of Health and Human Services; if the nongovernmental sponsor is the adoptive parent, the parent’s relationship to the alien child has been verified with the judicial court that issued the final legal adoption decree by the Secretary of Health and Human Services; and the Secretary of Health and Human Services has determined that the 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 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). In the case of an alien child who is 17 years of age or younger and is placed with a nongovernmental sponsor under subparagraph (2)(C), such nongovernmental sponsor shall— enroll in the alternative to detention program of U.S. Immigration and Customs Enforcement; and continuously wear an electronic monitoring device while the alien child is in removal proceedings. If an electronic monitoring device required by subclause
(I)is tampered with, the sponsor of the 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 )); 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 )); or an offense under Federal, State, or Tribal law, that has, as an element, the use or attempted use of physical force or the threatened use of physical force or a deadly weapon. A biometric criminal history check required by clause (i)(III) 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. . Section 235(c) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c) ) is amended in paragraph
(3)by— redesignating subparagraph
(C)as (D); and by amending subparagraph
(B)to read as follows: Before placing the child with an individual, the Secretary of Health and Human Services shall first determine whether a home study is necessary. A home study shall be conducted for a child— who is a victim of a severe form of trafficking in persons, a special needs child with a disability (as defined in section 12102 of title 42); 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 whose proposed sponsor clearly presents a risk of abuse, maltreatment, exploitation, or trafficking to the child based on all available objective evidence. Every six months, the Secretary of Health and Human Services shall conduct follow-up services for children for whom a home study was conducted and who were placed with a nongovernmental sponsor until initial removal proceedings have been completed and the immigration judge has issued an order of removal, granted voluntary departure under section 240B, or granted the alien relief from removal. Every six months, for up to two years from the date of placement with a nongovernmental sponsor, he Secretary of Health and Human Services shall conduct follow-up services for children with mental health needs or other needs that could benefit from ongoing assistance from a social welfare agency. Every six months, for up to two years from the date of placement with a nongovernmental sponsor, the Secretary of Health and Human Services shall conduct home studies and follow-up services, including partnering with local community programs that focus on early am and after-school programs for at risk children who need a secure environment to engage in studying, training, and skills-building programs and who are at risk for recruitment by criminal gangs or other transnational criminal organizations in the United States. . Section 101(a)(27)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J) ) is amended— by amending subparagraph
(i)to read as follows: who, before reaching 18 years of age, was declared dependent on a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State, or an individual or entity appointed by a State or juvenile court located in the United States, and whose reunification with either parent of the immigrant is not viable due to abuse, neglect, abandonment, or a similar basis found under State law; ; in subparagraph (ii), by striking and at the end; in subparagraph (iii)(II), by inserting and at the end; and by adding at the end the following: in whose case the Secretary of Homeland Security has made the determination that the alien is an unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) )). .
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Sec. 325
Custody of unaccompanied alien children in formal removal proceeding
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