Sec. 3. Office of the Ombudsperson for Immigrant Children in Government Custody
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There is established, within the Department of Health and Human Services, an Office of the Ombudsperson for Immigrant Children in Government Custody (referred to in this section as the Office of the Ombudsperson )— to endorse and support the principle that family separation and detention are generally not in a child’s best interest; and in cases in which detention or Government custody is required— to ensure that immigrant children are only detained or held in Government custody in the least restrictive setting; to advocate for the quick, safe, and efficient release of immigrant children from detention or Government custody whenever possible; and in any case in which an immigrant child is held in Department of Homeland Security custody together with his or her family unit, to advocate for the release of the child and concurrent release of the parent or legal guardian of the child.
The Office of the Ombudsperson shall be an impartial, confidential resource fully independent of— the Office of Refugee Resettlement of the Department of Health and Human Services; and the Department of Homeland Security. The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary of Health and Human Services. The individual appointed as Ombudsperson shall have demonstrated experience in— immigration law; and child advocacy or child welfare.
The Ombudsperson shall monitor facilities for compliance with applicable law and standards, including— the Flores settlement agreement; section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ); the applicable provisions of the Prison Rape Elimination Act of 2003 ( 34 U.S.C. 30301 et seq.); the standards of U.S. Customs and Border Protection entitled National Standards on Transport, Escort, Detention, and Search issued in October 2015; and internal Office of Refugee Resettlement policy guidance, including the guidance entitled ORR Policy Guide:
Children Entering the United States Unaccompanied issued on January 30, 2015. The Ombudsperson shall investigate— claims of abuse, neglect, or mistreatment of immigrant children, by the Government or any other entity, while in Government custody; and complaints against foster care providers, including foster care providers under State oversight. If in the course of an investigation under clause (i)(II) the Ombudsperson discovers a State licensing violation, the Ombudsperson shall report the violation to the child welfare licensing agency of the applicable State.
The Ombudsperson shall provide oversight of the Director by reviewing placement decisions, including sponsor denials, that are contested by an immigrant child or the attorney, child advocate, parent, or prospective sponsor of the immigrant child. Not later than 15 days after the date on which review of a placement decision described in clause
(i)is requested, the Ombudsperson shall complete the review. If, in carrying out such a review, the Ombudsperson determines that such placement decision was erroneous, the Ombudsperson shall— submit to the Director a recommendation for further action; and make a copy of the recommendation available to— the immigrant child; and if applicable, the immigrant child's attorney and child advocate. In any case in which the Director declines to follow a recommendation under subclause (II), not later than 15 days after the date on which the Director receives the recommendation, the Director shall issue a written response, including a detailed justification. The Director may not delegate the requirement to issue a written statement under this subclause. Review by the Ombudsperson under this subparagraph shall not preclude an immigrant child, or the attorney, child advocate, parent, or prospective sponsor of the immigrant child, from simultaneously commencing a civil action in any appropriate district court of the United States. Not less frequently than quarterly, the Ombudsperson shall invite community stakeholders, Flores settlement agreement class counsel, and the Flores settlement agreement court-appointed monitor to participate in a meeting— to ensure that the Ombudsperson is aware of stakeholder concerns and priorities; and to provide feedback on stakeholder requests. The Ombudsperson shall establish regional offices of the Office of the Ombudsperson— to ensure the inclusion of pertinent local and regional issues, trends, and challenges for consideration by the Ombudsperson; to strengthen State oversight; to coordinate with State licensing entities; and to identify and address differences among State child protection laws. The Ombudsperson may offer individual case assistance to an immigrant child who is in Government custody if the case of the immigrant child is long-pending or otherwise requires expedited processing or elevated attention, as determined by the Ombudsperson. To ensure a complete understanding of the status of a case described in clause (i), the Ombudsperson may communicate with the potential sponsor, family members, child advocate, legal counsel, Office of Refugee Resettlement case manager and Federal field specialist, the General Dynamics Information Technology case coordinator, and any other relevant individual charged with case management of the immigrant child concerned. Subject to the approval of the Secretary of Health and Human Services, the Ombudsperson may— issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and invoke the aid of any appropriate court of the United States. To prevent undue delay of the placement of an immigrant child, requirements set forth in a subpoena under clause (i)(I) shall be satisfactorily fulfilled not later than 7 days after the date on which the Ombudsperson issues the subpoena. The Ombudsperson shall establish and maintain— a toll-free telephone number to receive complaints and reports of matters for investigation; and an email address to receive complaints, such reports, and requests for review of placement decisions. The Ombudsperson shall ensure that— such telephone number is made available, and a telephone is accessible, to each immigrant child in a facility; and such email address is made available to sponsors, Flores settlement agreement class counsel, and legal services providers and child advocates who serve such immigrant children. Not later than September 30 each year, the Ombudsperson shall submit to Congress a report on the accomplishments and challenges of the Office of the Ombudsperson during the fiscal year ending on that date. Each report required by clause
(i)shall include, for the applicable fiscal year, the following: A summary of the status of immigrant children in Government custody that highlights broader trends and recommendations for future action. Statistical information on immigrant children in Government custody, together with an analysis of such information. A summary of complaints received and proposed resolutions. A detailed description of any investigation into a claim of abuse, neglect, or mistreatment of an immigrant child in Government custody, including a summary of the results of any such investigation. A description of the objectives of the Office of the Ombudsperson for the next fiscal year. The Ombudsperson shall— conduct a review of data collection, as described in section 4(a); establish the Committee, as described in section 5; and enter into a memorandum of understanding, as described in section 6(a). The Secretary of Health and Human Services and the Secretary of Homeland Security shall ensure— unobstructed access by the Ombudsperson to any facility; and the ability of the Ombudsperson— to monitor any facility; and to meet confidentially with— staff of any facility; employees and contractors of the Office of Refugee Resettlement and the Department of Homeland Security; and any immigrant child in Government custody, after notification of the immigrant child's counsel, as applicable. The Secretary of Health and Human Services shall ensure unobstructed access by the Ombudsperson to— the case files, records, reports, audits, documents, papers, recommendations, or any other pertinent information relating to the care and custody of an immigrant child; and the written policies and procedures of all Office of Refugee Resettlement facilities.
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Sec. 3
Office of the Ombudsperson for Immigrant Children in Government Custody
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