Sec. 232. Preventing family separation of unaccompanied children
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Section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act ( 8 U.S.C. 1232(b) ) is amended by adding at the end the following: In the case of an unaccompanied alien child determined to have entered the United States or have been apprehended with a relative who is neither a parent nor guardian, the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security or other appropriate agencies of the government, shall evaluate whether that unaccompanied alien child can be safely released from Federal custody to that relative as a sponsor consistent with the process described in paragraph
(3)of this section. If the Secretary of Health and Human Services makes such a determination, the Secretary of Homeland Security shall release the unaccompanied alien child to that relative unless the circumstances in subparagraph
(C)apply. If an unaccompanied alien child is transferred to the custody of the Secretary of Health and Human Services, the non-parent relative described in subparagraph
(A)may continue to be evaluated as a potential sponsor to whom the child may be released from Federal custody as described in subsection (c)(3) of this section, as necessary to ensure child well-being and safety. Nothing in this paragraph shall be construed to change the definition of a parent or legal guardian for the purpose of making a determination of whether a child is an unaccompanied alien child pursuant to 462(g)(C) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(C) ). The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall ensure that child-appropriate spaces are available to complete the evaluations described in this paragraph. Such space shall accommodate staff of the Department of Health and Human Services, as appropriate. With respect to each alien over the age of 18 years who has entered the United States with an unaccompanied alien child, the Secretary of Homeland Security shall— maintain an electronic record that includes the familial relationship between the adult and child; and share such record with the Secretary of Health and Human Services as necessary to facilitate the identification of an appropriate sponsor for the child. .
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