← Back to Bill Feed
FederalIn Committee

PROKID Act

Introduced Jul 22, 2026 · Last action Jul 22, 2026 Read twice and referred to the Committee on the Judiciary.

Track this bill

Save bills and get alerts when status changes.

Sign in to saved bills.

Summary

This legislation is called the PROKID Act. It is being reviewed by a committee.

Full bill text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5093 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
  2d Session
                                S. 5093

 To establish the Office of the Ombudsperson for Immigrant Children in
              Immigration Custody, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2026

Mrs. Gillibrand introduced the following bill; which was read twice and
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 To establish the Office of the Ombudsperson for Immigrant Children in
              Immigration Custody, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protection of Kids in Immigrant
Detention Act'' or the ``PROKID Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Committee.--The term ``Committee'' means the expert
        advisory committee established under section 5(a).
            (2) Director.--The term ``Director'' means the Director of
        the Office of Refugee Resettlement.
            (3) Facility.--The term ``facility''--
                    (A) means a location at which 1 or more immigrant
                children are detained by the Government or held in
                immigration custody; and
                    (B) includes--
                            (i) an Office of Refugee Resettlement
                        facility; and
                            (ii) a Department of Homeland Security
                        facility, including--
                                    (I) a U.S. Customs and Border
                                Protection temporary holding facility
                                and transportation contractor;
                                    (II) a U.S. Immigration and Customs
                                Enforcement family detention facility;
                                    (III) a U.S. Immigration and
                                Customs Enforcement juvenile facility;
                                    (IV) a location operated by a
                                private entity, including a hotel room;
                                and
                                    (V) any other location at which the
                                Department of Homeland Security or the
                                Department of Health and Human Services
                                detains or holds in custody an
                                immigrant child.
            (4) Immigration custody.--The term ``immigration custody''
        means the physical custody of the Secretary of Health and Human
        Services or the Secretary of Homeland Security (or the head of
        any successor agency of the Department of Health and Human
        Services or the Department of Homeland Security).
            (5) Influx facility.--The term ``influx facility'' means
        any facility established to provide temporary emergency shelter
        and services for unaccompanied immigrant children during an
        influx or emergency.
            (6) Flores settlement agreement.--The term ``Flores
        settlement agreement'' means the stipulated settlement
        agreement filed in the United States District Court for the
        Central District of California on January 17, 1997 (CV 85-4544-
        RJK).
            (7) Immigrant child.--The term ``immigrant child'' means an
        alien (as defined in section 101(a) of the Immigration and
        Nationality Act (8 U.S.C. 1101(a))) under the age of 18 years.
            (8) In-network facility.--The term ``in-network facility''
        means a facility operated by an Office of Refugee Resettlement
        grantee, subgrantee, contractor, or subcontractor.
            (9) Office of refugee resettlement facility.--The term
        ``Office of Refugee Resettlement facility''--
                    (A) means--
                            (i) a shelter operated by an Office of
                        Refugee Resettlement grantee, subgrantee,
                        contractor, or subcontractor to hold immigrant
                        children;
                            (ii) staff secure, secure care, or
                        transitional foster care housing or long term
                        foster care so operated; or
                            (iii) any other location operated by the
                        Office of Refugee Resettlement to hold
                        immigrant children; and
                    (B) includes an in-network facility and an out-of-
                network facility.
            (10) Office of the ombudsperson.--The term ``Office of the
        Ombudsperson'' means the Office of the Ombudsperson for
        Immigrant Children in Government Custody established by section
        3(a).
            (11) Ombudsperson.--The term ``Ombudsperson'' means the
        ombudsperson appointed under section 3(c).
            (12) Out-of-network facility.--The term ``out-of-network
        facility'' means a facility at which an immigrant child is
        placed as a result of an Office of Refugee Resettlement
        determination that there is no care provider available among
        in-network facilities to provide specialized services required
        by the immigrant child, such as medical or mental health
        support.
            (13) Unobstructed access.--The term ``unobstructed access''
        means--
                    (A) with respect to a facility, the ability to
                enter the facility, including unannounced, to tour and
                physically visit all areas of the facility; and
                    (B) with respect to information, the ability to
                obtain requested information in a timely manner with
                the full cooperation of the Director, the Secretary of
                Homeland Security, or the Secretary of Health and Human
                Services, as applicable.
            (14) Working group.--The term ``Working Group'' means the
        interagency working group established under section 6(b).

SEC. 3. OFFICE OF THE OMBUDSPERSON FOR IMMIGRANT CHILDREN IN
              IMMIGRATION CUSTODY.

    (a) Establishment.--There is established, within the Department of
Health and Human Services, an Office of the Ombudsperson for Immigrant
Children in Immigration Custody--
            (1) to endorse and support the principle that family
        separation and detention are generally not in a child's best
        interest; and
            (2) in cases in which detention or immigration custody is
        required--
                    (A) to ensure that immigrant children are only
                detained or held in immigration custody in the least
                restrictive setting;
                    (B) to advocate for the quick, safe, and efficient
                release of immigrant children from detention or
                immigration custody whenever possible; and
                    (C) 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.
    (b) Independence.--The Office of the Ombudsperson shall be an
impartial, confidential resource fully independent of--
            (1) the Office of Refugee Resettlement of the Department of
        Health and Human Services; and
            (2) the Department of Homeland Security.
    (c) Ombudsperson.--
            (1) In general.--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.
            (2) Qualifications.--The individual appointed as
        Ombudsperson shall have demonstrated experience in--
                    (A) immigration law; and
                    (B) child advocacy or child welfare.
            (3) Duties and authorities.--
                    (A) Monitoring.--
                            (i) In general.--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.
                            (ii) Inclusions.--The laws, regulations,
                        and standards referred to in clause (i)
                        include--
                                    (I) the Flores settlement
                                agreement;
                                    (II) section 235 of the William
                                Wilberforce Trafficking Victims
                                Protection Reauthorization Act of 2008
                                (8 U.S.C. 1232);
                                    (III) the applicable provisions of
                                the Prison Rape Elimination Act of 2003
                                (34 U.S.C. 30301 et seq.);
                                    (IV) the standards of U.S. Customs
                                and Border Protection entitled
                                ``National Standards on Transport,
                                Escort, Detention, and Search'' issued
                                in October 2015; and
                                    (V) 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.
                            (iii) Onsite visits for influx facilities
                        and unlicensed facilities.--
                                    (I) In general.--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--
                                            (aa) the Flores settlement
                                        agreement; and
                                            (bb) section 235 of the
                                        William Wilberforce Trafficking
                                        Victims Protection
                                        Reauthorization Act of 2008 (8
                                        U.S.C. 1232).
                                    (II) Certain unlicensed
                                facilities.--The onsite visits required
                                by subclause (I) shall include visits
                                to any unlicensed facility.
                    (B) Investigations.--
                            (i) In general.--The Ombudsperson shall
                        investigate issues including--
                                    (I) claims or reports of abuse,
                                neglect, or mistreatment of immigrant
                                children, by the Government or any
                                other entity, while in immigration
                                custody;
                                    (II) complaints against foster care
                                providers, including foster care
                                providers under State oversight;
                                    (III) a lack of timely,
                                confidential access to professionals
                                such as legal counsel, legal services
                                providers, child advocates, and medical
                                professionals; and
                                    (IV) complaints with respect to--
                                            (aa) the conditions of
                                        custody or length of time in
                                        custody in any facility; and
                                            (bb) 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).
                            (ii) State licensing violations.--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.
                            (iii) Violations in unlicensed
                        facilities.--
                                    (I) In general.--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.
                                    (II) Report.--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.
                    (C) Placement review panels.--
                            (i) In general.--The Ombudsperson shall
                        provide oversight of placement review panels
                        (or successor review bodies or processes),
                        convened by the Office of Refugee Resettlement.
                            (ii) Cooperation of director.--The Director
                        may--
                                    (I) 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;
                                    (II) 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
                                    (III) notify the Ombudsperson of
                                the decision of each such panel (or
                                successor review body or process).
                            (iii) Civil action not precluded.--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.
                    (D) Stakeholder meetings.--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--
                            (i) to ensure that the Ombudsperson is
                        aware of stakeholder concerns and priorities;
                        and
                            (ii) to provide feedback on stakeholder
                        requests.
                    (E) Regional offices.--The Ombudsperson shall
                establish regional offices of the Office of the
                Ombudsperson--
                            (i) to ensure the inclusion of pertinent
                        local and regional issues, trends, and
                        challenges for consideration by the
                        Ombudsperson;
                            (ii) to strengthen State oversight;
                            (iii) to coordinate with State licensing
                        entities; and
                            (iv) to identify and address differences
                        among State child protection laws.
                    (F) Individual case assistance.--
                            (i) In general.--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.
                            (ii) Communication.--
                                    (I) In general.--To ensure a
                                complete understanding of the status of
                                a case described in clause (i), the
                                Ombudsperson may communicate with--
                                            (aa) the immigrant child
                                        concerned;
                                            (bb) the family members and
                                        potential sponsor of such
                                        child; and
                                            (cc) 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.
                                    (II) Notification.--In any
                                communication with an individual
                                described in items (aa) through (cc),
                                the Ombudsperson shall--
                                            (aa) inform such individual
                                        that the individual may refuse
                                        to continue communication with
                                        the Ombudsperson; and
                                            (bb) disclose the purpose
                                        of the communication and the
                                        scope of the role of the
                                        Ombudsperson.
                    (G) Subpoena authority.--
                            (i) In general.--Subject to the approval of
                        the Secretary of Health and Human Services, the
                        Ombudsperson may--
                                    (I) 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
                                    (II) invoke the aid of any
                                appropriate court of the United States.
                            (ii) Timeline for production of
                        information.--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.
                    (H) Reporting mechanisms.--
                            (i) In general.--The Ombudsperson shall
                        establish and maintain--
                                    (I) a toll-free telephone number to
                                receive complaints and reports of
                                matters for investigation; and
                                    (II) an email address to receive
                                complaints, such reports, and requests
                                for review of placement decisions.
                            (ii) Availability.--The Ombudsperson shall
                        ensure that--
                                    (I) such telephone number is made
                                available, and a telephone is
                                accessible, to each immigrant child in
                                a facility; and
                                    (II) 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.
                    (I) Report to congress.--
                            (i) In general.--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.
                            (ii) Elements.--Each report required by
                        clause (i) shall include the following:
                                    (I) For the preceding fiscal year--
                                            (aa) a description of the
                                        accomplishments and challenges
                                        relating to implementation and
                                        compliance with this Act; and
                                            (bb) a summary of--

                                                    (AA) each site
                                                visit conducted;

                                                    (BB) any interview
                                                with an immigrant child
                                                or facility staff;

                                                    (CC) facility
                                                audits and corrective
                                                actions taken or
                                                recommended;

                                                    (DD) appeals made
                                                to the Ombudsperson;
                                                and

                                                    (EE) any other
                                                information the
                                                Ombudsperson considers
                                                relevant.

                                    (II) A summary of complaints made
                                and investigations carried out during
                                the preceding fiscal year, including--
                                            (aa) the number of
                                        complaints and number and
                                        nature of other contacts;
                                            (bb) the number of
                                        complaints made, including the
                                        type and source;
                                            (cc) the number of
                                        investigations carried out;
                                            (dd) the trends and issues
                                        that arose in the course of
                                        investigating complaints; and
                                            (ee) the number of pending
                                        complaints.
                                    (III) A detailed analysis of the
                                data collected under section 4.
                                    (IV) Recommendations--
                                            (aa) for improving
                                        implementation and compliance
                                        with this Act; and
                                            (bb) as to whether the
                                        Director should renew or cancel
                                        contracts with particular
                                        Office of Refugee Resettlement
                                        grantees.
                                    (V) A description of the priorities
                                for the subsequent fiscal year.
                    (J) Recommendations to office of refugee
                resettlement.--
                            (i) In general.--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.
                            (ii) Response.--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.
                            (iii) Role of secretary of health and human
                        services.--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.
                    (K) Additional duties.--The Ombudsperson shall--
                            (i) conduct a review of data collection, as
                        described in section 4(a);
                            (ii) establish the Committee, as described
                        in section 5; and
                            (iii) enter into a memorandum of
                        understanding, as described in section 6(a).
    (d) Access to Facilities.--The Secretary of Health and Human
Services and the Secretary of Homeland Security shall ensure--
            (1) unobstructed access by the Ombudsperson to any
        facility; and
            (2) the ability of the Ombudsperson--
                    (A) to monitor any facility; and
                    (B) to meet confidentially with--
                            (i) staff of any facility;
                            (ii) employees and contractors of the
                        Office of Refugee Resettlement and the
                        Department of Homeland Security; and
                            (iii) any immigrant child in immigration
                        custody, after notification of the immigrant
                        child's counsel, as applicable.
    (e) Access to Information.--The Secretary of Health and Human
Services shall ensure unobstructed and timely access by the
Ombudsperson to--
            (1) 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
            (2) the written policies and procedures of all Office of
        Refugee Resettlement facilities.

SEC. 4. DATA COLLECTION.

    (a) Independent Review by Ombudsperson.--
            (1) In general.--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.
            (2) Collaboration required.--The Secretary of Health and
        Human Services and the Secretary of Homeland Security shall
        provide the Ombudsperson unobstructed access to--
                    (A) real-time custody and detention data for each
                immigrant child detained by the Government or held in
                immigration custody, including--
                            (i) the location and level of placement;
                            (ii) biographical information, including
                        full name, date of birth, country of
                        citizenship, race, and alien number;
                            (iii) all locations at which the immigrant
                        child has been detained or held in custody;
                            (iv) the dates and times the immigrant
                        child is booked in and booked out of any
                        facility; and
                            (v) transfer and discharge information; and
                    (B) Department of Homeland Security and Department
                of Health and Human Services data personnel for the
                purpose of reviewing data collection and integrity
                issues.
    (b) Office of Refugee Resettlement Data Collection System.--
            (1) In general.--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:
                    (A) 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.
                    (B) 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.
                    (C) For all immigrant children in the custody of
                the Secretary of Health and Human Services, the median
                time-to-release, disaggregated by--
                            (i) children released to parents or legal
                        guardians;
                            (ii) children released to other sponsors;
                            (iii) children who have home studies
                        mandated by section 235 of the Trafficking
                        Victims Protection Reauthorization Act of 2008
                        (8 U.S.C. 1232);
                            (iv) children granted home studies through
                        the discretion of the Director; and
                            (v) all other children.
                    (D) 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.
                    (E) The number of immigrant children discharged to
                sponsors, disaggregated by sponsor category, placement
                level, specific Office of Refugee Resettlement
                facility, and age.
                    (F) The sponsor category and age of each immigrant
                child held at each Office of Refugee Resettlement
                facility.
                    (G) The average and median number of days immigrant
                children stay in an Office of Refugee Resettlement
                facility, disaggregated by sponsor category.
                    (H) 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.
                    (I) The percentage of filled capacity across all
                Office of Refugee Resettlement facilities,
                disaggregated by placement level.
                    (J) The total number of children held at out-of-
                network facilities, disaggregated by placement level
                and age.
                    (K) For each Office of Refugee Resettlement
                facility--
                            (i) the percentage of filled capacity;
                            (ii) the maximum number of available beds;
                            (iii) 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
                            (iv) 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.
            (2) Publication.--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.
    (c) Prohibition on Certain Uses of Data.--
            (1) In general.--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--
                    (A) use or disclose such data for any purpose other
                than carrying out the duties of the Office of the
                Ombudsperson;
                    (B) publish or share individually identifiable
                information;
                    (C) 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
                    (D) 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.
    (d) Privacy Protections.--Any data collected, stored, received, or
published under this Act shall be--
            (1) collected, stored, received, or published in a manner
        that protects the privacy of individuals whose information is
        included in such data;
            (2) de-identified or anonymized in a manner that protects
        the identity of all individuals whose information is included
        in such data; and
            (3) 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.

SEC. 5. EXPERT ADVISORY COMMITTEE.

    (a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Ombudsperson shall establish an expert
advisory committee to assist the Ombudsperson in--
            (1) identifying relevant trends relating to immigrant
        children in immigration custody;
            (2) conducting fact-finding missions and investigations of
        facilities; and
            (3) ensuring Government and private contractor compliance
        with applicable law and standards for facilities.
    (b) Membership.--The members of the Committee shall--
            (1) be appointed by the Ombudsperson;
            (2) represent various geographical regions; and
            (3) be comprised of subject matter experts, including--
                    (A) legal advocates or specialists in the fields of
                child and family welfare, immigration, and human
                rights;
                    (B) pediatricians or other appropriate pediatric
                health care experts;
                    (C) child or adolescent psychiatrists or
                psychologists;
                    (D) social workers;
                    (E) data analysis experts; and
                    (F) any other relevant subject matter expert.
    (c) Meetings.--The Committee shall meet not less frequently than
quarterly.
    (d) Duties.--The Committee shall regularly--
            (1) review facility compliance with applicable law and
        standards relating to Government detention and custody of
        immigrant children, including the Flores settlement agreement
        and section 235 of the William Wilberforce Trafficking Victims
        Protection Reauthorization Act of 2008 (8 U.S.C. 1232); and
            (2) submit to the Ombudsperson recommendations for
        improvement.
    (e) Onsite Monitoring Visits.--
            (1) In general.--Not less frequently than monthly, 1 or
        more individuals designated by the Committee shall conduct a
        comprehensive onsite monitoring visit of each facility for the
        purpose of interviewing immigrant children held in immigration
        custody, after notification of counsel, as applicable.
            (2) Elements.--Each onsite monitoring visit conducted under
        paragraph (1) shall include--
                    (A) an evaluation of the compliance of the facility
                with--
                            (i) all applicable laws and standards; and
                            (ii) the facility standards under the
                        Prison Rape Elimination Act of 2003 (34 U.S.C.
                        30301 et seq.);
                    (B) an assessment of the delivery of, and immigrant
                children's access to, health care and mental health
                care services;
                    (C) an assessment of immigrant children's access to
                counsel and legal services; and
                    (D) private, confidential interviews with immigrant
                children housed in the facility.

SEC. 6. COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY.

    (a) Memorandum of Understanding.--
            (1) In general.--On the date of the enactment of this Act,
        the Secretary of Homeland Security and the Ombudsperson shall
        enter into a memorandum of understanding to coordinate
        oversight between the Department of Homeland Security and the
        Department of Health and Human Services.
            (2) Elements.--The memorandum of understanding required by
        paragraph (1) shall do the following:
                    (A) Require the Secretary of Homeland Security to
                provide information, on a real-time basis, to the
                Ombudsperson with respect to each immigrant child
                detained by U.S. Customs and Border Protection or U.S.
                Immigration and Customs Enforcement, or who is
                otherwise in the custody of the Secretary of Homeland
                Security, including--
                            (i) the location of the immigrant child;
                            (ii) biographical information, including
                        full name, date of birth, country of
                        citizenship, race, and alien number;
                            (iii) all locations at which the immigrant
                        child has been so detained or held in
                        Department of Homeland Security custody;
                            (iv) exact times at which the immigrant
                        child was booked in and booked out of such
                        custody;
                            (v) the date on which the immigrant child
                        is released from such custody or transferred to
                        the custody of the Secretary of Health and
                        Human Services;
                            (vi) in the case of an immigrant child who
                        remains in Department of Homeland Security
                        custody for more than 72 hours, the reason for
                        such continued custody; and
                            (vii) any other information the
                        Ombudsperson considers relevant to the
                        oversight and monitoring duties described in
                        section 3(c)(3).
                    (B) Establish the right of the Ombudsperson and the
                Committee to monitor Department of Homeland Security
                facilities for compliance with applicable standards of
                custody.
                    (C) Provide the Ombudsperson and the Committee full
                and unobstructed access to--
                            (i) Department of Homeland Security
                        facilities for regular site visits; and
                            (ii) the written policies and procedures of
                        Department of Homeland Security facilities.
            (3) Limitation.--The memorandum of understanding may only
        allow the Ombudsperson to share information with the Secretary
        of Homeland Security on a case-by-case basis, and with the
        informed consent of the immigrant child concerned, if the
        Ombudsperson determines that such information sharing may
        facilitate the release of the immigrant child from custody.
            (4) Evaluation.--Not later than 2 years after the
        Ombudsperson and the Secretary of Homeland Security enter into
        the memorandum of understanding required by this subsection,
        the Comptroller General of the United States shall evaluate the
        coordination between the Ombudsperson and the Secretary to
        determine whether such memorandum of understanding is
        sufficient to ensure the oversight and monitoring required by
        this Act.
            (5) Recommendations.--If the Comptroller General makes a
        determination under paragraph (4) that the memorandum of
        understanding is insufficient, the Comptroller General shall
        recommend actionable steps to be implemented--
                    (A) to improve coordination between the
                Ombudsperson and the Secretary of Homeland Security;
                and
                    (B) to ensure effectiveness of the mandate of the
                Ombudsperson.
    (b) Interagency Working Group.--
            (1) Establishment.--There is established an interagency
        working group to identify and discuss concerns relating to
        immigrant children in facilities.
            (2) Membership.--The Working Group shall be composed of
        representatives of--
                    (A) the Department of Justice;
                    (B) the Department of Health and Human Services,
                including the Director or a senior representative of
                the Office of Refugee Resettlement;
                    (C) U.S. Customs and Border Protection;
                    (D) U.S. Immigration and Customs Enforcement;
                    (E) relevant oversight offices, including--
                            (i) the Immigration Detention Ombudsman of
                        the Department of Homeland Security; and
                            (ii) the Inspectors General of the
                        Department of Justice, the Department of Health
                        and Human Services, U.S. Customs and Border
                        Protection, and U.S. Immigration and Customs
                        Enforcement; and
                    (F) any other relevant Federal agency or office.
            (3) Meetings.--The Working Group shall--
                    (A) hold meetings not less frequently than
                quarterly;
                    (B) invite representatives of nongovernmental
                organizations that provide services to immigrant
                children to participate in such meetings as the
                Ombudsperson considers appropriate; and
                    (C) provide to the Ombudsperson a summary of each
                such meeting.

SEC. 7. RULE OF CONSTRUCTION.

    Nothing in the Act shall be construed to preclude or limit Flores
settlement agreement class counsel from conducting independent
investigations or seeking enforcement actions relating to violations of
the Flores settlement agreement in any appropriate district court of
the United States.
                                 <all>

Official legislative text sourced from the public record (cached on CivicsHQ).

Official source

View the original bill, actions, and full legislative record on Congress.gov.

View on Congress.govopen_in_new

Status

In Committee

  1. 1Introduced
  2. 2Committee
  3. 3Floor
  4. 4Passed
  5. 5Signed

Timeline reflects current normalized status only. Full action history is not yet stored in the API.

Votes

Voting records are not yet available for this bill.