Sec. 5. Release of families and unaccompanied alien children from detention
607 words·~3 min read·
/bill/116/s/2113/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in collaboration with the Comptroller General of the United States, shall develop standards for recommended staff-to-child ratios for Federal field specialists and third-party case review coordinators at Office of Refugee Resettlement facilities. Beginning on the date of the enactment of this Act and ending on the date on which the standards under paragraph
(1)are implemented, the Secretary of Health and Human Services shall ensure that any standard care facility or influx care facility for unaccompanied alien children maintains a staff-to-child ratio of not fewer than— one Federal field specialist for every 50 unaccompanied alien children; and one third-party case review coordinator for every 50 unaccompanied alien children. The Secretary of Health and Human Services shall establish a maximum case load for each case manager at an Office of Refugee Resettlement facility that is not greater than the lesser of— five new unaccompanied alien children cases and a total of not more than eight active cases each month; or the maximum number of children, as required under applicable State law. The Secretary of Health and Human Services shall authorize supplemental funds— to provide overtime compensation for case managers at Office of Refugee Resettlement facilities for extended work hours and work days during an influx; and to hire additional staff to carry out home study services relating to the placement of unaccompanied alien children with sponsors on release from custody. The Secretary of Health and Human Services and the Secretary of Homeland Security shall rescind the memorandum of agreement entitled Memorandum of Agreement Among the Office of Refugee Resettlement of the U.S. Department of Health and Human Services and U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection of the U.S. Department of Homeland Security Regarding Consultation and Information Sharing in Unaccompanied Alien Children Matters dated April 13, 2018. The Secretary of Homeland Security shall provide to the alternatives to detention division of U.S. Immigration and Customs Enforcement, including the Family Case Management Program, sufficient funds to cover the costs of each individual who— has a pending immigration proceeding; and is not subject to detention under subsection (d). The Director of U.S. Immigration and Customs Enforcement shall offer to enter into one or more contracts with one or more nonprofit service providers that, to the maximum extent practicable, have the capacity to provide evidence-based services required to operate an alternatives to detention program for the least restrictive setting. The Secretary of Homeland Security shall ensure that any expenditure for the Family Case Management Program is prioritized over any other expenditure from the Alternatives to Detention account. There are authorized to be appropriated such sums as may be necessary to carry out this subsection. The Director of U.S. Immigration and Customs Enforcement shall prioritize the limited resources of U.S. Immigration and Customs Enforcement to detain aliens who pose— a threat to national security or public safety; or a risk of flight that cannot be mitigated by an alternative to detention. Except in extraordinary circumstances, such as a circumstance in which an alien is known to be a member of a terrorist organization or a transnational criminal organization, an alien shall not be detained if— the alien— is known to suffer from a serious physical or mental illness; has a disability; is elderly; is pregnant or breastfeeding; is under 18 years of age; or demonstrates that the alien is the primary caregiver of— a person under 18 years of age; or an infirm person; or the detention of the alien is otherwise not in the public interest.