Sec. 6. Custody of unaccompanied alien children in removal proceedings under section 240 of the Immigration and Nationality Act
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Section 235(c)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(2) ) is amended by adding at the end the following: Notwithstanding any settlement or consent decree previously issued before the date of the enactment of this subparagraph, 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 such 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 himself or herself, a danger to the community, or a flight risk.
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, such child may be placed with a grandparent or adult sibling if the grandparent or adult sibling meets the requirements for parents or legal guardians under subclauses (II), (III), and
(IV)of clause (i). Except as provided in subclause (II), if an unaccompanied alien child who was placed with a sponsor fails to appear in a mandatory court appearance, the sponsor shall be subject to a civil penalty of $250 per day until the alien appears in court, up to a maximum penalty of $5,000. The penalty under subclause
(I)shall not apply to a sponsor who— 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 ( 34 U.S.C. 20911 )); 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. Each 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 Federal or State database or repository that the Secretary of Health and Human Services determines to be appropriate. . Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(3) ) is amended— by redesignating subparagraph
(C)as subparagraph (D); and by striking subparagraph
(B)and inserting the following: Except as provided under clause (ii), the Secretary of Health and Human Services shall determine whether a home study is necessary before placing a child with an individual. 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 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )); 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; whose proposed sponsor presents a risk of abuse, maltreatment, exploitation, or trafficking to the child based on all available objective evidence if more than 2 other children are residing with the proposed sponsor, or if such sponsor has custody of at least 1 other unaccompanied alien child; or if more than 2 other children are residing with the proposed sponsor, or if such sponsor has custody of at least 1 other unaccompanied alien child. Not less frequently than once every 180 days until the date on which initial removal proceedings are completed and the immigration judge issues an order of removal, grants voluntary departure under section 240B, or grants the alien relief from removal, the Secretary of Health and Human Services shall conduct follow-up services for any child for whom a home study was conducted and who was placed with a nongovernmental sponsor. Not less frequently than once every 180 days, until the date that is 2 years after the date on which a child is placed with a nongovernmental sponsor, the Secretary of Health and Human Services shall conduct follow-up services for any child with mental health needs or other needs who could benefit from ongoing assistance from a social welfare agency. Not less frequently than once every 90 days until the date that is 2 years after the date on which a child is placed 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 are at risk for recruitment by criminal gangs or other transnational criminal organizations in the United States. .
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Sec. 6
Custody of unaccompanied alien children in removal proceedings under section 240 of the Immigration and Nationality Act
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