§ 3803 : APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT-RELATED ACTIVITIES.

APPREHENSION PROCEDURES.—In any immigration enforcement action, the Secretary and cooperating entities shall—

1.

as soon as possible, but generally not later than 2 hours after an immigration enforcement action, inquire whether an individual is a parent or primary caregiver of a child in the United States and provide any such individuals with—

A.

the opportunity to make a minimum of 2 telephone calls to arrange for the care of such child in the individual’s absence; and

B.

contact information for—

i.

child welfare agencies and family courts in the same jurisdiction as the child; and

ii.

consulates, attorneys, and legal service providers capable of providing free legal advice or representation regarding child welfare, child custody determinations, and immigration matters;

2.

notify the child welfare agency with jurisdiction over the child if the child’s parent or primary caregiver is unable to make care arrangements for the child or if the child is in imminent risk of serious harm;

3.

ensure that personnel of the Department and cooperating entities do not, absent medical necessity or extraordinary circumstances, compel or request children to interpret or translate for interviews of their parents or of other individuals who are encountered as part of an immigration enforcement action; and

4.

ensure that any parent or primary caregiver of a child in the United States—

A.

absent medical necessity or extraordinary circumstances, is not transferred from his or her area of apprehension until the individual—

i.

has made arrangements for the care of such child; or

ii.

if such arrangements are unavailable or the individual is unable to make such arrangements, is informed of the care arrangements made for the child and of a means to maintain communication with the child;

B.

absent medical necessity or extraordinary circumstances, and to the extent practicable, is placed in a detention facility either—

i.

proximate to the location of apprehension; or

ii.

proximate to the individual’s habitual place of residence; and

C.

receives due consideration of the best interests of such child in any decision or action relating to his or her detention, release, or transfer between detention facilities.

REQUESTS TO STATE AND LOCAL ENTITIES.— If the Secretary requests a State or local entity to hold in custody an individual whom the Department has reason to believe is removable pending transfer of that individual to the custody of the Secretary or to a detention facility, the Secretary shall also request that the State or local entity provide the individual the protections specified in paragraphs (1) and (2) of subsection (a), if that individual is found to be the parent or primary caregiver of a child in the United States.

PROTECTIONS AGAINST TRAFFICKING PRESERVED.—The provisions of this section shall not be construed to impede, delay, or in any way limit the obligations of the Secretary, the Attorney General, or the Secretary of Health and Human Services under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) or section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279).