S 4393 United States Senate · 118th Congress

Children’s Safe Welcome Act of 2024

# Summary of the Unaccompanied Noncitizen Children in Immigration Custody Act This comprehensive legislation establishes robust protections and oversight mechanisms for unaccompanied noncitizen children in immigration custody. Key provisions include: 1. **Office of the Ombudsperson**: Created within HHS as an independent, impartial office to monitor compliance with the Act. The Ombudsperson will establish regional offices, conduct investigations, hold hearings, and issue annual public reports. 2. **Data Collection & Transparency**: Requires detailed weekly data collection on: - Child demographics and custody status - Facility compliance and utilization rates - Family reunification processes - Length of custody and placement types - Special needs/disabilities data - Facility compliance with standards 3. **Confidentiality Protections**: Mandates separation of children's personal information and case files from immigration files (A-Files), prohibiting sharing with immigration enforcement agencies without consent. 4. **Nondiscrimination Protections**: Ensures fair treatment regardless of race, ethnicity, national origin, religion, sex, sexual orientation, gender identity, disability, or HIV status, with specific provisions for LGBTQI children regarding housing, bathroom access, and privacy. 5. **Legal Representation**: Requires government-appointed counsel for all unaccompanied children in immigration custody, with access to private meeting spaces and confidential communication with legal counsel. 6. **Child Advocates**: Expands child advocate services to all locations housing unaccompanied children and where they appear in immigration court. 7. **Enforcement Mechanisms**: Includes audit requirements, civil actions for violations, and penalties for interference with the Ombudsperson's work. 8. **Special Protections**: Includes specific provisions for indigenous children, LGBTQI children, and children with disabilities, along with prohibitions against retaliation for reporting violations or seeking legal remedies. 9. **Oversight**: Requires mandatory access for Members of Congress to detention facilities and establishes detailed reporting requirements to Congress. The legislation aims to ensure the safety, dignity, and rights of unaccompanied children in immigration custody while establishing strong accountability mechanisms for the agencies responsible for their care.
Sub-Topics: Enforcement Tags: Children
Bill status in committee 1 of 4 stages cleared
Introduction
May 2024
Committee Review
Floor Vote
President
Introduced May 22, 2024 Last action May 22, 2024
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Total actions
2
Key actions
0
Committee
1
May 22, 2024
Committee
Read twice and referred to the Committee on the Judiciary.
upper
May 22, 2024
Introduced
Introduced in Senate
upper
1 primary · 10 co-sponsors

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