Sec. 102. Office of the Ombudsperson for Immigrant Children in Federal 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 Federal 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 Federal detention or custody is required— to ensure that immigrant children are only detained or held in custody by the Federal Government in the least restrictive setting; to advocate for the quick, safe, and efficient release of immigrant children from Federal detention or 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 to ensure the best interest of children in Federal custody; and 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.
On a regular basis, the Ombudsperson shall monitor facilities, including licensed facilities that are not licensed by a State, for compliance with all applicable laws, policies, 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. ); applicable policies of U.S. Customs and Border Protection relating to the standard of care for individuals in Federal custody; and Office of Refugee Resettlement policies relating to the care and custody of unaccompanied alien children.
The Ombudsperson shall investigate— claims of abuse, neglect, or mistreatment of immigrant children, by the Government or any other entity, while in Government custody; complaints against foster care providers, including foster care providers under State oversight; and potential violations of related laws and standards. 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 monitor any potential violation of law, policy, or standard in a facility that is not licensed by a State on a regular basis. If, in the course of monitoring a facility described under subclause (I), the Ombudsperson determines that a violation of law, policy, 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. Not less frequently than quarterly, the Ombudsperson shall invite community stakeholders, Flores settlement agreement class counsel, and, as applicable, 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 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 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, and any other relevant individual charged with care provision, case management, or case coordination 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. 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 such complaints and reports.
The Ombudsperson shall ensure that— in each facility— such telephone number is made available in a prominent, visible, and public location in a common area of the facility; and a telephone is accessible to each immigrant child; such email address is made available to sponsors, Flores settlement agreement class counsel, legal services providers and child advocates who serve such immigrant children, and State-level coordinators appointed under paragraph
(7)of section 235(c) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c) ), as added by section 213; and in each facility, such telephone number and email address are made available, in a prominent, visible, and public location in a common area of the facility, to all individuals employed, contracted, or otherwise tasked with the care and custody of children by the Secretary of Health and Human Services so that such individuals may report— any potential violation of law, policy, or standard relating to immigrant children in Federal custody; or any other claim of abuse, neglect, or mistreatment of immigrant children. Not later than 2 years after the date of the enactment of this Act, and every 2 years thereafter, the Ombudsperson shall complete a review of the reporting mechanisms under this subparagraph to evaluate whether such mechanisms are sufficient to ensure the oversight and monitoring required by this title. Not later than 30 days after the completion of each review required by subclause (I), the Ombudsperson shall submit to Congress a report on the results of the review that includes, in the case of a determination that such mechanisms are insufficient, recommendations for their improvement. 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 Federal Government custody that highlights broader trends and recommendations for future action. Statistical information on immigrant children in Federal Government custody, together with an analysis of such information. A summary of complaints received and proposed resolutions. A description of the investigations into claims of abuse, neglect, or mistreatment of immigrant children in Federal Government custody, including a summary of the results of such investigations. Any attempt by the Secretary of Homeland Security, the Secretary of Health and Human Services, or any entity to which the authority of the Secretary of Homeland Security or the Secretary of Health and Human Services is delegated, to interfere with the independence of the Office of the Ombudsperson. 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 103(a); establish the Committee, as described in section 104; and enter into a memorandum of understanding, as described in section 105(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, grantees, contractors of the Office of Refugee Resettlement and the Department of Homeland Security; and any immigrant child in Federal 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. The Ombudsperson may request from the Secretary of Health and Human Services or the Secretary of Homeland Security, or any entity to which the authority of the Secretary of Health and Human Services or the Secretary of Homeland Security has been delegated, any information or assistance required to carry out this title. Information and assistance requested pursuant to this paragraph shall be provided to the Ombudsperson in a timely manner. If upon request for information by the Ombudsperson, an entity or agency described in paragraph
(1)unreasonably refuses to provide, or otherwise does not provide, as determined by the Ombudsperson, such information or assistance requested by the Ombudsperson, the Ombudsperson shall, without delay— in the case of an unreasonable refusal by the Department of Health and Human Services, report to the Secretary of Health and Human Services the circumstances of such refusal; in the case of an unreasonable refusal by the Department of Homeland Security, report to the Secretary of Homeland Security the circumstances of such refusal; or in the case of an unreasonable refusal by the Secretary of Health and Human Services or the Secretary of Homeland Security, report on the circumstances of such refusal to— the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate; and the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives.
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Sec. 102
Office of the Ombudsperson for Immigrant Children in Federal Custody
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