Sec. 1325. 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 the date of the enactment of the Protecting Children and America's Homeland Act of 2017 and section 236.3 of title 8, Code of Federal Regulations, or a 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 unaccompanied 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, a danger to the community, or at 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 under subclauses (II), (III), and
(IV)of clause (i). If an unaccompanied alien child who is 15, 16, or 17 years of age is placed with a nongovernmental sponsor or, if an unaccompanied alien child who is younger than 15 years of age is 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 )); 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 of the offense, 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 under 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)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c) ) is amended— 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 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 or is 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 6 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 6 months, for up to 2 years from the date of placement with a nongovernmental sponsor, the 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 3 months, for up to 2 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 morning 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 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ) is amended— by redesignating subsections
(d)and
(e)as subsections
(e)and
(f)respectively; and by inserting after subsection
(c)the following: Notwithstanding any other provision of law— judicial determination, consent decree, or settlement agreement, the detention of any alien minor who is not described in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) ) shall be governed by sections 217, 235, 236, and 241 of the Immigration and Nationality Act ( 8 U.S.C. 1187 , 1225, 1226, and 1231); and the decision whether to detain or release the alien minor shall be in the sole and unreviewable discretion of the Secretary of Homeland Security. The release of an alien minor who is not described in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) ) may not be presumed and an alien minor not described in such section may not be released by the Secretary to anyone other than a parent or legal guardian. The conditions of confinement applicable to alien minors who are not described in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) ) shall be determined in the sole and unreviewable discretion of the Secretary of Homeland Security, and specific licensing requirements may not be imposed other than requirements determined appropriate by the Secretary. . The amendments made by subparagraph (1)shall take effect on the date of enactment of this Act and shall apply regardless of the date on which the actions giving rise to removability or detention took place.
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Sec. 1325
Custody of unaccompanied alien children in formal removal proceeding
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