Sec. 804. Prohibition on information sharing
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/bill/118/s/4393/is/section-804·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Director may not provide any information about an unaccompanied noncitizen child in the custody of the Secretary, or prospective sponsors, to the Attorney General or the Secretary of Homeland Security without consent of the unaccompanied noncitizen child concerned or the prospective sponsor, as applicable, and the legal counsel of the child or sponsor, respectively. The sharing of any information between the Office of Refugee Resettlement and the Department of Homeland Security for purposes of immigration enforcement is prohibited.
The Director shall ensure that Office of Refugee Resettlement communications with sponsors and prospective sponsors, including the family reunification application packet, includes an explanation that information provided to the Office of Refugee Resettlement may only be shared with the Department of Homeland Security if the child and sponsor or prospective sponsor concerned have provided informed consent. The sharing of any information between the Office of Refugee Resettlement and the Department of Homeland Security or the Department of Justice for purposes of relief from removal is prohibited.
The Secretary may provide for the disclosure of information 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 may provide for the disclosure of information 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 may provide for the disclosure of information 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 may disclose information 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 out mandated duties 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 are bound by the provisions of this section. Nothing in this paragraph shall 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 from disclosing to the chair and ranking members of the Committee on the Judiciary of the Senate or the Committee on the Judiciary of the House of Representatives, for the exercise of congressional oversight authority, information on closed cases under this section in a manner that protects the confidentiality of such information and that omits personally identifying information (including locational information about individuals).
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