Sec. 3. Prohibition on information sharing
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/bill/118/hr/6145/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Director of the Office of Refugee Resettlement may not provide any information about an unaccompanied alien child in the custody of the Secretary of Health and Human Services, or prospective sponsors, to the Attorney General or the Secretary of Homeland Security without the consent of— such child or the child’s prospective sponsor, as applicable; and the legal counsel of such child or sponsor, respectively. No information about an unaccompanied alien child may be shared between the Office of Refugee Resettlement and the Department of Homeland Security for purposes of immigration enforcement.
The Director of the Office of Refugee Resettlement shall ensure that communications by the Office of Refugee Resettlement with sponsors and prospective sponsors, including the family reunification application packet, include an explanation that information about a child, sponsor, or prospective sponsor provided to the Office of Refugee Resettlement may only be shared with the Department of Homeland Security if such child and such child’s sponsor or prospective sponsor have provided informed consent.
No information about an unaccompanied alien child may be shared between the Office of Refugee Resettlement and the Department of Homeland Security or the Department of Justice for purposes of relief from removal. The Secretary of Health and Human Services may provide for the disclosure of information about an unaccompanied alien child in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under section 8 of title 13, United States Code.
The Secretary of Health and Human Services may provide for the disclosure of information about an unaccompanied alien child to national security officials to be used solely for a national security purpose in a manner that protects the confidentiality of such information. The Secretary of Health and Human Services may provide for the disclosure of information about an unaccompanied alien child to law enforcement officials to be used solely for a legitimate law enforcement purpose in a manner that protects the confidentiality of such information.
The Secretary of Health and Human Services may disclose information about an unaccompanied alien child to Federal, State, and local public and private agencies providing benefits, to be used solely in making determinations of eligibility for benefits pursuant to section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641 ). Government entities adjudicating applications for relief under the immigration laws and government personnel carrying duties required under section 101(i)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(i)(1) ) may, with the prior written consent of the noncitizen involved, communicate with nonprofit, nongovernmental victims’ service providers for the sole purpose of assisting victims in obtaining victim services from programs with expertise in working with immigrant victims.
Agencies receiving referrals under this subparagraph are bound by the restrictions under this section. Nothing in this paragraph may be construed as affecting the ability of an applicant to designate a safe organization through which governmental agencies may communicate with the applicant. Subsections (a), (b), and
(c)shall not be construed as preventing— disclosure of information in connection with judicial review of a determination in a manner that protects the confidentiality of such information; or the Secretary of Health and Human Services from disclosing to the chair and ranking member of the Committee on the Judiciary of the Senate or to the chair and ranking member of the Committee on the Judiciary of the House of Representatives , for the exercise of congressional oversight authority, information on closed cases described in this section in a manner that— protects the confidentiality of such information; and omits personally identifying information (including locational information about individuals).
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