Sec. 4. Data collection
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The Ombudsperson shall regularly review data collected by the Secretary of Health and Human Services and the Secretary of Homeland Security relating to immigrant children in facilities. The Secretary of Health and Human Services and the Secretary of Homeland Security shall provide the Ombudsperson unobstructed access to— real-time custody and detention data for each immigrant child detained by the Government or held in immigration custody, including— the location and level of placement; biographical information, including full name, date of birth, country of citizenship, race, and alien number; all locations at which the immigrant child has been detained or held in custody; the dates and times the immigrant child is booked in and booked out of any facility; and transfer and discharge information; and Department of Homeland Security and Department of Health and Human Services data personnel for the purpose of reviewing data collection and integrity issues.
To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall develop a data collection system that collects and maintains the following information: The total number of immigrant children held in custody by the Director, disaggregated by placement level, specific Office of Refugee Resettlement facility, country of citizenship, race, and age. The average and median number of days immigrant children remain in such custody, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age.
For all immigrant children in the custody of the Secretary of Health and Human Services, the median time-to-release, disaggregated by— children released to parents or legal guardians; children released to other sponsors; children who have home studies mandated by section 235 of the Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ); children granted home studies through the discretion of the Director; and all other children. The average and median number of days immigrant children stay in an Office of Refugee Resettlement facility, disaggregated by placement level, specific Office of Refugee Resettlement facility, and age.
The number of immigrant children discharged to sponsors, disaggregated by sponsor category, placement level, specific Office of Refugee Resettlement facility, and age. The sponsor category and age of each immigrant child held at each Office of Refugee Resettlement facility. The average and median number of days immigrant children stay in an Office of Refugee Resettlement facility, disaggregated by sponsor category. The number and percentage of immigrant children held in an Office of Refugee Resettlement facility with more than 25 immigrant children, disaggregated by placement level and age.
The percentage of filled capacity across all Office of Refugee Resettlement facilities, disaggregated by placement level. The total number of children held at out-of-network facilities, disaggregated by placement level and age. For each Office of Refugee Resettlement facility— the percentage of filled capacity; the maximum number of available beds; the number and percentage of immigrant children with special needs or disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )), disaggregated by placement level and age; and the number and percentage of immigrant children receiving mandatory home studies, discretionary home studies, and tier 1, tier 2, and tier 3 post-release services, disaggregated by placement level and age.
Not later than the 15th of each month, the Director shall make the data collected under paragraph
(1)for the preceding month available to the public on the internet website of the Office of Refugee Resettlement. The data collected under this section may not be used for immigration enforcement or law enforcement purposes, and the Office of the Ombudsperson may not— use or disclose such data for any purpose other than carrying out the duties of the Office of the Ombudsperson; publish or share individually identifiable information; transmit individually identifiable information, including to a local, State, or Federal law enforcement agency, for any purpose other than carrying out the duties of the Office of the Ombudsperson; or allow any individual, other than an officer or employee of the Office of the Ombudsperson who is subject to this subsection, to access or examine such individually identifiable information. Any data collected, stored, received, or published under this Act shall be— collected, stored, received, or published in a manner that protects the privacy of individuals whose information is included in such data; de-identified or anonymized in a manner that protects the identity of all individuals whose information is included in such data; and limited in use for the purpose of carrying out the duties of the Office of the Ombudsperson and be protected from all other internal use by any entity that collects, stores, or receives the data, and from any other inappropriate uses.
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