Sec. 3. Office of the Ombudsperson for Immigrant children in Immigration 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 Immigration Custody— 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 immigration custody is required— to ensure that immigrant children are only detained or held in immigration custody in the least restrictive setting; to advocate for the quick, safe, and efficient release of immigrant children from detention or immigration 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 not later than 72 hours after the time at which such child and parent or legal guardian were apprehended.
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, including by making frequent site visits, for compliance with all applicable Federal and State laws, regulations, and standards relating to immigrant children in immigration custody. The laws, regulations, and standards referred to in clause
(i)include— 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. Not less frequently than monthly during the period in which an influx facility or an unlicensed facility is in operation, the Ombudsperson shall conduct a comprehensive onsite visit at such facility to monitor for compliance with applicable Federal and State law (including regulations), including— the Flores settlement agreement; and section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ). The onsite visits required by subclause
(I)shall include visits to any unlicensed facility. The Ombudsperson shall investigate issues including— claims or reports of abuse, neglect, or mistreatment of immigrant children, by the Government or any other entity, while in immigration custody; complaints against foster care providers, including foster care providers under State oversight; a lack of timely, confidential access to professionals such as legal counsel, legal services providers, child advocates, and medical professionals; and complaints with respect to— the conditions of custody or length of time in custody in any facility; and sexual abuse or sexual harassment, including potential violations of part 411 of title 45, Code of Federal Regulations (relating to standards to prevent, detect, and respond to sexual abuse and sexual harassment involving unaccompanied children). If in the course of an investigation under clause
(i)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 investigate any potential violation of law, regulation, or standard in an influx facility or unlicensed facility, including any such facility the license of which has been revoked by a State. If in the course of an investigation under subclause (I), the Ombudsperson determines that a violation of law, regulation, or standard has occurred, not later than 30 days after making such determination, the Ombudsperson shall report the violation the Secretary of Health and Human Services for further action. The Ombudsperson shall provide oversight of placement review panels (or successor review bodies or processes), convened by the Office of Refugee Resettlement. The Director may— not later than 5 days before a placement review panel (or successor review body or process), is convened by the Office of Refugee Resettlement, provide the Ombudsperson with notice of the convening, including the location of the immigrant child concerned; allow the Ombudsperson to attend the convening of such a panel (or successor review body or process), if the immigrant child concerned or the legal counsel or child advocate of such child requests the presence of the Ombudsperson; and notify the Ombudsperson of the decision of each such panel (or successor review body or process). Any review conducted by the Ombudsperson under this subparagraph of a decision by a placement review panel or equivalent review body shall not preclude an immigrant child, or the legal counsel, child advocate, parent, or prospective sponsor of the immigrant child, from 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. With respect to an immigration child in immigration custody, after consultation with the child's attorney or legal service provider contracted to provide legal services, the Ombudsperson may offer individual case assistance to the child 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 immigrant child concerned; the family members and potential sponsor of such child; and the 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 such child. In any communication with an individual described in items
(aa)through (cc), the Ombudsperson shall— inform such individual that the individual may refuse to continue communication with the Ombudsperson; and disclose the purpose of the communication and the scope of the role of the Ombudsperson. 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 the following: For the preceding fiscal year— a description of the accomplishments and challenges relating to implementation and compliance with this Act; and a summary of— each site visit conducted; any interview with an immigrant child or facility staff; facility audits and corrective actions taken or recommended; appeals made to the Ombudsperson; and any other information the Ombudsperson considers relevant. A summary of complaints made and investigations carried out during the preceding fiscal year, including— the number of complaints and number and nature of other contacts; the number of complaints made, including the type and source; the number of investigations carried out; the trends and issues that arose in the course of investigating complaints; and the number of pending complaints. A detailed analysis of the data collected under section 4. Recommendations— for improving implementation and compliance with this Act; and as to whether the Director should renew or cancel contracts with particular Office of Refugee Resettlement grantees. A description of the priorities for the subsequent fiscal year. Not less frequently than every 180 days, the Ombudsperson shall make written recommendations to the Director with respect to the proposed and established policies and procedures of the Office of Refugee Resettlement relating to the protection of unaccompanied immigration children in the care of the Office of Refugee Resettlement. Not later than 90 days after the date on which the Director receives recommendations under clause (i), the Director shall respond to the Ombudsperson in writing. In the case of a recommendation under clause
(i)that is not addressed and resolved by the Director, the Ombudsperson may elevate the recommendation to the Secretary of Health and Human Services for resolution. 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 immigration custody, after notification of the immigrant child’s counsel, as applicable. The Secretary of Health and Human Services shall ensure unobstructed and timely 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 Immigration Custody
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