Sec. 10. Criminal background checks for sponsors of unaccompanied alien children

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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)— in subparagraph (A), in the first sentence, by striking subparagraph

(B)and inserting subparagraphs

(B)and

(C); by redesignating subparagraphs

(B)and

(C)as subparagraphs

(C)and (D), respectively; by inserting after subparagraph

(A)the following: Before placing an unaccompanied alien child with an individual, the Secretary of Health and Human Services shall— conduct a criminal history background check on the individual and each adult member of the individual’s household; and if appropriate, collect biometric samples in connection with any such background check. Each biometric criminal history background check required under clause

(i)shall be conducted through— the Federal Bureau of Investigation; criminal history repositories of each State the individual lists as a current or former residence; and any other Federal or State database or repository the Secretary of Health and Human Services considers appropriate. DNA analysis of a DNA sample collected under subclause

(I)may be carried out with Rapid DNA instruments (as defined in section 3(c) of the DNA Analysis Backlog Elimination Act of 2000 ( 34 U.S.C. 40702(c) )). The Secretary of Health and Human Services may not release a fingerprint or DNA sample collected, or disclose the results of a fingerprint or DNA analysis conducted under this subparagraph, or any other information obtained pursuant to this section, to the Department of Homeland Security for any immigration enforcement purpose. Not later than 14 days after receiving a request from the Secretary of Health and Human Services, the Secretary of Homeland Security shall provide information necessary to conduct suitability assessments from appropriate Federal, State, and local law enforcement and immigration databases. The Secretary of Health and Human Services may not place an unaccompanied alien child in the custody or household of an individual who has been convicted of, or is currently being tried for— 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 ); a crime of domestic violence (as defined in section 40002(a) of the Violence Against Women Act ( 34 U.S.C. 12291(a) ); a crime of child abuse and neglect (as defined in section 3 of the Child Abuse Prevention and Treatment Act ( Public Law 93–247 ; 42 U.S.C. 5101 note)); murder, manslaughter, or an attempt to commit murder or manslaughter (within the meanings of such terms in sections 1111, 1112, and 1113 of title 18, United States Code); or a crime involving receipt, distribution, or possession of a visual depiction of a minor engaging in sexually explicit conduct (within the meanings of such terms in section 2252 of title 18, United States Code). ; and by adding at the end the following: Not later than 30 days after the date on which an unaccompanied alien child is released from the custody of the Secretary of Health and Human Services, and every 60 days thereafter until the date on which a final decision has been issued in the removal proceedings of the child or such proceedings are terminated, the Secretary shall conduct a follow-up telephone call with the unaccompanied alien child and the child’s custodian or the primary point of contact for any other entity with which the child was placed. The Secretary of Health and Human Services shall— require each custodian with whom an unaccompanied alien child is placed under this subsection to notify the Secretary with respect to any change in the unaccompanied alien child’s physical or mailing address, including any situation in which the unaccompanied alien child permanently departs the custodian’s residence, not later than 7 days after the date on which such change or departure occurs; and develop and implement a system that permits custodians to submit notifications electronically with respect to a change of address. . Section 462(b)(1)(K) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(b)(1)(K) ) is amended by striking ; and and inserting , including— the average length of time from apprehension to the child’s master calendar hearing, organized by the fiscal year in which the children were apprehended by U.S. Customs and Border Protection; the number of children identified under clause

(i)who did and did not appear at master calendar hearings, including the percentage of children in each category who were represented by counsel; the average length of time from apprehension to the child’s merits hearing, organized by the fiscal year in which the children were apprehended by U.S. Customs and Border Protection; the number of children identified under clause

(i)who did and did not appear at merits hearings, including the percentage of children in each category who are represented by counsel; and the total number of well-being follow-up calls conducted under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(3)(E) ) at each time interval following placement with a custodian or other entity, and the number of children that the Secretary of Health and Human Services is unable to contact at each interval, organized by the fiscal year in which the children were apprehended by U.S. Customs and Border Protection; and .

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