This bill, called the HELP Separated Children Act, would create rules and procedures to protect children when immigration enforcement actions happen. It defines terms like "child," "parent," "detention facility," and "cooperating entity." The Secretary of Homeland Security and cooperating entities would be required to identify whether detained individuals are parents (generally within 2 hours and at other times while in custody). Parents detained during enforcement actions would get opportunities to make telephone calls to arrange care, receive contact information (in their preferred language) for legal services, consulates, child welfare agencies, and family courts, and be able to communicate with their children when present. The bill limits use of excessive force in front of children, prohibits using children as interpreters or deceiving children to find parents, and generally delays transfers of detained parents until care arrangements are made or the parent is consulted (with a 48-hour rule for making arrangements). Detained parents should be placed in facilities that allow visitation and are near the child’s home when practicable, and the best interests of the child must be considered in detention, transfer, or release decisions.
The bill would also require detention facilities to post information about these protections, allow detained parents regular free phone and video contact with children, give parents chances to take part in family court or child welfare proceedings, and help parents access passports, records, and notary services before removal. The Secretary must name a point of contact at each facility and a national coordinator to oversee child welfare issues, data collection, training, and reunification help. The Secretary must consider the child’s best interests when using prosecutorial discretion and may, case by case, facilitate parole-based reentry for parents with pending family court hearings or urgent humanitarian reasons.
The bill requires mandatory training for relevant Department employees, cooperating entities, and detention facility staff (initial training within 180 days and annual training thereafter). It directs the Secretary to collect specific data on detained parents and reporting every 180 days to several congressional committees, make those reports public on a Department website, and to issue implementing regulations within 180 days of enactment.
No publicly available information on the bill’s estimated costs or funding. The bill requires training, data collection and reporting, appointment of coordinators and points of contact, and rulemaking, but it does not include cost estimates or appropriations.
No publicly available information in the bill text on proponents’ statements or detailed arguments. The metadata lists sponsors, including Senators Tina Smith, Tammy Baldwin, Michael Bennet, and others, who introduced the bill.
No publicly available information in the bill text on opponents’ statements or detailed objections.