Sec. 202. Protections for primary caregivers with children
780 words·~4 min read·
/bill/115/s/748/is/section-202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In any immigration-related enforcement activity, the Secretary and any entity cooperating with the Secretary on such activity shall— as soon as possible after an individual is subject to detention in an immigration-related enforcement activity, but generally not later than 2 hours after the commencement of such detention, determine whether the individual is a parent or primary caregiver of a child in the United States and, if the individual is a parent or primary caregiver, provide the individual with— the opportunity to make a minimum of 2 telephone calls to arrange for the care of such child in the individual’s absence; and contact information for— child welfare agencies and family courts in the jurisdiction in which the child is located; and consulates, attorneys, and legal service providers capable of providing free legal advice or representation regarding child welfare, child custody determinations, and immigration matters; notify the child welfare agency with jurisdiction over the child if the child’s parent or primary caregiver is unable to make care arrangements for the child or if the child is in imminent risk of serious harm; ensure that personnel of the Department and cooperating entities do not, absent medical necessity or extraordinary circumstances, compel or request children to interpret or translate for interviews of their parents or of other individuals who are encountered as part of an immigration enforcement action; and ensure that any parent or primary caregiver of a child in the United States— absent medical necessity or extraordinary circumstances, is not transferred from his or her area of apprehension until the individual— has made arrangements for the care of such child; or if such arrangements are unavailable or the individual is unable to make such arrangements, is informed of the care arrangements made for the child and of a means to maintain communication with the child; absent medical necessity or extraordinary circumstances, and to the extent practicable, is placed in a detention facility either— proximate to the location of apprehension; or proximate to the individual’s habitual place of residence; and receives due consideration of the best interests of such child in any decision or action relating to his or her detention, release, or transfer between detention facilities.
If the Secretary requests a State or local entity to hold in custody an individual who the Department has reason to believe is removable pending transfer of that individual to the custody of the Secretary or to a detention facility, the Secretary shall also request that the State or local entity provide the individual the protections specified in paragraphs
(1)and
(2)of subsection (a), if that individual is found to be the parent or primary caregiver of a child in the United States. At all detention facilities, the Secretary shall— prominently post in a manner accessible to detainees and visitors and include in detainee handbooks information on the protections of this title as well as information on potential eligibility for parole or release; absent extraordinary circumstances, ensure that individuals who are detained by the Department and are parents of children in the United States are— permitted regular phone calls and contact visits with their children; provided with contact information for child welfare agencies and family courts in the relevant jurisdictions; able to participate fully, and to the extent possible in-person, in all family court proceedings and any other proceedings that may impact their right to custody of their children; granted free and confidential telephone calls to relevant child welfare agencies and family courts as often as is necessary to ensure that the best interest of their children, including a preference for family unity whenever appropriate, can be considered in child welfare agency or family court proceedings; able to fully comply with all family court or child welfare agency orders impacting custody of their children; provided access to United States passport applications or other relevant travel document applications for the purpose of obtaining travel documents for their children; afforded timely access to a notary public for the purpose of applying for a passport for their children or executing guardianship or other agreements to ensure the safety of their children; and granted adequate time before removal to obtain passports, apostilled birth certificates, travel documents, and other necessary records on behalf of their children if such children will accompany them on their return to their country of origin or join them in their country of origin; and if doing so would not impact public safety or national security, facilitate the ability of a detained individual who is a parent or primary caregiver to share information regarding travel arrangements with their consulate, children, child welfare agencies, or other caregivers in advance of the detained individual’s departure from the United States.