Children’s Safe Welcome Act of 2026

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 9805 Introduced in House (IH)]

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119th CONGRESS 2d Session H. R. 9805

To provide protections for children in immigration custody, and for other purposes.

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IN THE HOUSE OF REPRESENTATIVES

July 21, 2026

Ms. Kamlager-Dove (for herself, Mr. Johnson of Georgia, and Mr. Quigley) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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A BILL

To provide protections for 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; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Children's Safe Welcome Act of 2026''. (b) Table of Contents.--The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--PROCEDURES AND TEMPORARY PLACEMENTS FOLLOWING APPREHENSION

Sec. 101. Prohibition on family separation. Sec. 102. Protections for noncitizen children. Sec. 103. Nonadversarial asylum processing for noncitizen children. Sec. 104. Standards for U.S. Customs and Border Protection detention of noncitizen children. Sec. 105. Standards for U.S. Customs and Border Protection facilities housing noncitizen children. Sec. 106. Modification of term ``asylum officer'' to exclude officers of U.S. Customs and Border Protection. TITLE II--STANDARDS FOR DEPARTMENT OF HEALTH AND HUMAN SERVICES CUSTODY OF UNACCOMPANIED NONCITIZEN CHILDREN

Subtitle A--Standards for Foster Care Homes and Childcare Facilities

Sec. 201. Operation of foster care homes and childcare facilities. Sec. 202. Notice of rights. Sec. 203. Staffing and training. Subtitle B--Services for Unaccompanied Noncitizen Children

Sec. 211. Required services. Sec. 212. Evaluation for disability. Sec. 213. Education. Sec. 214. Recreation. Subtitle C--Placement of Children

Sec. 221. Phasing out large congregate care facilities. Sec. 222. Least restrictive setting. Sec. 223. Foster family care. Sec. 224. Additional requirements relating to children with disabilities and children with mental health needs. Sec. 225. Minimizing transfers. Sec. 226. Restrictive placements. Sec. 227. Judicial review of placement. Subtitle D--Family Reunification and Standards Relating to Sponsors

Sec. 231. Family reunification efforts by Office of Refugee Resettlement. Sec. 232. Standards relating to sponsors. Sec. 233. Special considerations relating to release of children with disabilities. Subtitle E--Release

Sec. 241. Procedures for release. Sec. 242. Post-release services. Sec. 243. Individuals attaining 18 years of age. Sec. 244. Custody review by Ombudsperson. TITLE III--EMERGENCIES AND INFLUXES

Sec. 301. Sense of Congress. Sec. 302. Definitions. Sec. 303. Placement. Sec. 304. Planning for emergencies and influxes. Sec. 305. Influx facility standards and staffing. Sec. 306. Monitoring and oversight. TITLE IV--LEGAL REPRESENTATION FOR UNACCOMPANIED NONCITIZEN CHILDREN

Sec. 401. Legal orientation presentations and legal screenings. Sec. 402. Legal representation. TITLE V--APPOINTMENT OF CHILD ADVOCATES AND IMPROVEMENTS TO IMMIGRATION COURTS

Sec. 501. Appointment of child advocates. Sec. 502. Immigration court improvements. TITLE VI--OVERSIGHT, MONITORING, AND ENFORCEMENT

Sec. 601. Office of the Ombudsperson for Unaccompanied Noncitizen Children in Immigration Custody. Sec. 602. Data collection and reporting. Sec. 603. Enforcement. Sec. 604. Protection from retaliation. Sec. 605. Mandatory access to detention facilities for Members of Congress. TITLE VII--NONDISCRIMINATION

Sec. 701. Fair and equal treatment. Sec. 702. Responsibilities of care providers. TITLE VIII--INFORMATION SHARING AND DATA PROTECTION

Sec. 801. Separation of records. Sec. 802. Prohibition on use for denial of relief or in removal proceedings. Sec. 803. Disclosure. Sec. 804. Prohibition on information sharing. Sec. 805. Counseling records. Sec. 806. Data protection for sponsors. TITLE IX--MISCELLANEOUS PROVISION

Sec. 901. Rule of construction.

SEC. 2. DEFINITIONS.

In this Act: (1) Best interests of the child.--With respect to an accompanied noncitizen child or unaccompanied noncitizen child, the term ``best interests of the child'' means a consideration, informed to the extent practicable by the child and the parents or guardian and extended family of the child, that takes into account-- (A) the safety and well-being of the child; (B) the expressed interests of the child, taking into account the child's age and stage of development; (C) the physical and mental health of the child; (D) the right of the child to-- (i) family integrity; (ii) liberty; and (iii) development; and (E) the identity of the child, including religious, ethnic, linguistic, gender, sexual orientation, and cultural identity. (2) Childcare facility.--The term ``childcare facility'' means a facility operated by the Department of Health and Human Services, or a contractor or grantee of the Department of Health and Human Services, that-- (A) is a State-licensed program; and (B) provides residential care for unaccompanied noncitizen children. (3) Director.--The term ``Director'' means the Director of the Office of Refugee Resettlement. (4) Flores settlement agreement.--The term ``Flores settlement agreement'' means the stipulated settlement agreement in Reno v. Flores, as filed in the United States District Court for the Central District of California on January 17, 1997 (CV-85-4544-RJK), including all subsequent court decisions, orders, agreements, and stipulations. (5) 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). (6) Influx.--The term ``influx'' means a period-- (A) beginning on the date on which, for not less than 7 consecutive days, the net available bed capacity of State-licensed programs that is occupied or held for placement by unaccompanied noncitizen children is 85 percent or more; and (B) ending on the date on which, for not less than 7 consecutive days, such bed capacity occupied or held for placement by unaccompanied noncitizen children is less than 85 percent. (7) Influx facility.--The term ``influx facility'' means any facility established to provide temporary emergency shelter and services for unaccompanied noncitizen children during an influx or emergency. (8) Noncitizen.--The term ``noncitizen'' means an individual who is not a citizen or national of the United States. (9) Noncitizen child.--The term ``noncitizen child'' means a noncitizen under the age of 18 years. (10) Nonparent family member.--With respect to an unaccompanied noncitizen child apprehended with a nonparent family member, the term ``nonparent family member'' means an individual who is-- (A) 18 years of age or older; and (B) a relative of such child, including a grandparent, aunt, uncle, first cousin, sibling, and fictive kin. (11) Ombudsperson.--The term ``Ombudsperson'' means the Ombudsperson of the Office of the Ombudsperson for Unaccompanied Noncitizen Children established under section 601. (12) Out-of-network facility.--The term ``out-of-network facility'' means any public or private facility, including a mental health facility, or any other location that-- (A) is used to provide residential care for unaccompanied noncitizen children; and (B) is not an Office of Refugee Resettlement facility. (13) Prospective sponsor.--The term ``prospective sponsor'' means an individual or entity who applies for custody of an unaccompanied noncitizen child. (14) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (15) Secure facility.--The term ``secure facility'' means any public or private facility that is opened by a program, agency, or organization that is licensed by an appropriate State agency to provide residential care for children who have been adjudicated delinquent. (16) Special needs noncitizen child.--The term ``special needs noncitizen child''-- (A)(i) means a noncitizen under the age of 18 years, the mental or physical condition of whom requires special services or medical equipment and special treatment by the staff of a childcare facility; and (ii) includes such an individual who-- (I) has special needs due to drug or alcohol abuse, serious emotional disturbance, mental illness, developmental or cognitive delay, or a physical condition or chronic illness that requires special services or treatment; (II) is an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)); or (III) requires special services or treatment as a result of neglect or abuse; and (B) in the case of a child who is 12 years of age or older, means such a child who consents to such designation, services, and treatment. (17) Sponsor.--The term ``sponsor'' means an individual or entity who has been approved by the Director to assume care of an unaccompanied noncitizen child on release from the custody of the Secretary. (18) Staff-secure facility.--The term ``staff-secure facility''-- (A) means any public or private facility that is licensed by an appropriate State agency to provide residential care for children who have been determined to require close or intensive care in accordance with section 226(c)(3); and (B) does not include a facility that provides residential care to children who have been adjudicated delinquent. (19) State-licensed program.--The term ``State-licensed program'' means any public or private program, agency, or organization licensed by an appropriate State agency to provide residential, group, or foster care services for unaccompanied noncitizen children (including a program operating group homes, foster homes, or facilities for special needs noncitizen children) that complies with applicable-- (A) State child welfare laws, regulations, and policies; (B) State and local building, fire, health, and safety laws and regulations; (C) Federal, State, and local human rights and privacy laws, as applicable; and (D) State staffing and training requirements. (20) Tender age minor.--The term ``tender age minor'' means an individual who is 12 years of age or younger or has the developmental age of such an individual. (21) Unaccompanied noncitizen child.--The term ``unaccompanied noncitizen child'' has the meaning given the term ``unaccompanied alien child'' in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

TITLE I--PROCEDURES AND TEMPORARY PLACEMENTS FOLLOWING APPREHENSION

SEC. 101. PROHIBITION ON FAMILY SEPARATION.

(a) In General.--A noncitizen child shall remain physically together with their parent, legal guardian, or nonparent family member at all times while in the custody of the Secretary of Homeland Security or the Secretary of Health and Human Services, unless-- (1) the noncitizen child requests privacy temporarily; (2) during the screening process, a determination is made based on clear and convincing evidence that the parent or legal guardian of the noncitizen child, or the nonparent family member of the child who has been determined by a child welfare expert to be suitable to provide care and physical custody of the child in the United States, presents an imminent threat to United States national security or is inadmissible under subparagraphs (C)(i), (E), (G), or (I) of section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)); or (3) the child welfare expert documents, based on clear and convincing evidence, that the continued care of the noncitizen child by the parent, legal guardian, or nonparent family member is likely to result in serious emotional or physical damage to the child. (b) Role of DHS.--An employee or contractor of the Department of Homeland Security may not play any role in the documentation or determination described in subsection (a). (c) Termination of Separation.--In the case of a separation under paragraph (2) or (3) of subsection (a), as soon as practicable after the potential damage to the child is sufficiently mitigated or remedied-- (1) in the case of a child in the custody of the Secretary of Health and Human Services, the Secretary of Health and Human Services shall reunify the child with the individual from whom they were separated; and (2) in the case of a child in the custody of the Secretary of Homeland Security, the Secretary of Homeland Security shall release the individual in accordance with subsection (a)(5) of section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232), as amended by section 102. (d) Challenge to Separation.--In the case of a separation under paragraph (2) or (3) of subsection (a), the Secretary of Homeland Security shall-- (1) notify the parents, legal guardians, and children concerned of their-- (A) right to challenge such separation under titles VI and VII; and (B) private right of action to seek review before a district court of the United States; and (2) provide a copy of any determination, evidence, arrest warrants, or other documentation supporting such separation to such individuals and their attorneys. (e) Treatment of Unaccompanied Children Traveling With Certain Caregivers.--Unaccompanied children traveling with a nonparent family member shall be treated by the Secretary of Health and Human Services in accordance with paragraph (3)(C) of section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)), as amended by section 102. (f) Staffing.-- (1) Child welfare experts.--The Secretary of Health and Human Services shall hire child welfare experts to carry out the screening process described in subsection (a). (2) Qualifications.--Each child welfare expert hired under this subsection shall-- (A) be professionally trained and licensed in social work; (B) have direct experience providing trauma- informed care to children who have experienced trauma; and (C) be proficient in Spanish or 1 of the top 5 most common languages spoken by noncitizen children in the past 5 years.

SEC. 102. PROTECTIONS FOR NONCITIZEN CHILDREN.

Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended-- (1) by striking ``unaccompanied alien child'' each place it appears and inserting ``unaccompanied noncitizen child''; (2) by striking ``unaccompanied alien child's'' each place it appears and inserting ``unaccompanied noncitizen child's''; (3) by striking ``unaccompanied alien children'' each place it appears and inserting ``unaccompanied noncitizen children''; (4) by striking ``unaccompanied alien children's'' each place it appears and inserting ``unaccompanied noncitizen children's''; (5) in subsection (a)-- (A) by striking paragraphs (2) and (4); (B) by redesignating paragraphs (3) and (5) as paragraphs (2) and (3), respectively; (C) in paragraph (2), as redesignated, in the paragraph heading, by striking ``other'' and inserting ``unaccompanied noncitizen''; (D) in paragraph (3), as redesignated-- (i) in subparagraph (C), in the subparagraph heading, by striking ``unaccompanied alien children'' and inserting ``unaccompanied noncitizen children''; and (ii) in subparagraph (D), in the matter preceding clause (i), by striking ``, except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection (a)(2),''; and (E) by inserting after paragraph (3), as redesignated, the following: ``(4) Child caregiver professionals at the border.-- ``(A) In general.--The Secretary of Homeland Security shall ensure that a licensed child caregiver professional is physically present to provide onsite expertise at each-- ``(i) land port of entry at which noncitizen children are most likely to enter; ``(ii) Border Patrol station on the southern border; and ``(iii) U.S. Customs and Border Protection processing facility and reception center, regardless of whether such facility or center is temporary in nature. ``(B) Qualifications.-- ``(i) In general.--Such a child caregiver professional-- ``(I) shall-- ``(aa) be professionally trained and licensed to provide services to children; ``(bb) have direct experience providing trauma- informed care to children who have experienced trauma; and ``(cc) subject to clause (ii), be proficient in Spanish or 1 of the top 5 most common languages spoken by noncitizen children in the past 5 years; and ``(II) may be a licensed childcare worker, licensed pediatric health professional, or licensed child welfare professional. ``(ii) Phase-in of language proficiency.-- During the 3-year period beginning on the date of the enactment of the Children's Safe Welcome Act of 2026, 25 percent of the child caregiver professionals hired by the Secretary of Homeland Security to carry out the duties under this section shall be exempt from clause (i)(III). ``(C) Oversight of care.--Such a child caregiver professional shall oversee the care of noncitizen children in U.S. Customs and Border Protection facilities, consistent with the standards established under sections 104 and 105 of the Children's Safe Welcome Act of 2026, including by-- ``(i) issuing and ensuring access to adequate food, hydration, hygiene necessities, clothing, and other supplies as needed; ``(ii) supporting general care to infants and children, including monitoring, changing diapers, assisting with toilet use and handwashing, feeding any child who is not able to feed himself or herself, and identifying and tending to other similar basic needs of children as such needs arise; ``(iii) providing supervision and support to children during recreational and exercise activities; ``(iv) maintaining a safe working environment and observing and encouraging adherence to safety rules and health guidelines; and ``(v) referring any suspected or reported medical or mental health issues to onsite Border Patrol or U.S. Customs and Border Protection personnel and medical personnel. ``(D) Availability.--Caregiver services provided under this paragraph shall be-- ``(i) available 24 hours per day, 7 days per week, including on weekends and Federal holidays; and ``(ii) provided by a mixed-gender staff, including not fewer than 1 male and 1 female staff member at all times. ``(5) Release of children apprehended with parents, adoptive parents, or legal guardians.--In the case of a child apprehended with a parent, adoptive parent, or legal guardian, the Secretary of Homeland Security shall-- ``(A) subject to paragraph (2) or (3) of section 101(a) of the Children's Safe Welcome Act of 2026, release the child together with the parent, adoptive parent, or legal guardian, as applicable; and ``(B) ensure that the child is provided with support from a qualified nongovernmental community- based organization with experience providing services to immigrant, refugee, and asylum-seeking populations. ``(6) Release of children apprehended with nonparent family members.--In the case of a child apprehended with a nonparent family member determined under subsection (b)(3)(C)(iii) to be an appropriate sponsor for the child, the Secretary of Health and Human Services shall-- ``(A) subject to paragraph (2) or (3) of section 101(a) of the Children's Safe Welcome Act of 2026, release the child together with the nonparent family member; and ``(B) ensure that the child is provided with support from a qualified nongovernmental community- based organization with experience providing services to immigrant, refugee, and asylum-seeking populations. ``(7) Prohibition on operation of family detention facilities.--The Federal Government may not operate, under any circumstance, a family detention facility.''; (6) in subsection (b)-- (A) in paragraph (1), in the paragraph heading, by striking ``unaccompanied alien children'' and inserting ``unaccompanied noncitizen children''; (B) in paragraph (3)-- (i) in the paragraph heading, by striking ``unaccompanied alien children'' and inserting ``unaccompanied noncitizen children''; (ii) by striking ``Except in the case of exceptional circumstances,'' and inserting the following: ``(A) In general.--Except in the case of exceptional circumstances, subject to subparagraph (B),''; and (iii) by adding at the end the following: ``(B) Limitation on u.s. customs and border protection custody.--Under no circumstance may the Commissioner hold an unaccompanied or accompanied noncitizen child in custody for more than 72 hours. ``(C) Reception centers.-- ``(i) Designation.--The Commissioner shall designate 1 or more reception centers located within 100 miles of each port of entry and each Border Patrol Station on the southern border for the purpose of conducting expedited evaluations described in clause (iii). ``(ii) Transfer.--In the case of an unaccompanied noncitizen child apprehended with a nonparent family member, the Commissioner shall immediately transfer the child and his or her 1 or more nonparent family members, as applicable, to a reception center designated under clause (i) for the purpose of an evaluation under clause (iii). ``(iii) Expedited evaluations.-- ``(I) In general.--On the arrival of an unaccompanied noncitizen child apprehended with a nonparent family member at a designated reception center, a case manager or case coordinator of the Department of Health and Human Services shall evaluate the child to determine whether he or she may be released safely from U.S. Customs and Border Protection custody to the nonparent family member with whom the child was apprehended. ``(II) Private space.--The Commissioner shall make available in each designated reception center a private space in which such a case manager or case coordinator may carry out such evaluations. ``(iv) Staffing.-- ``(I) Case managers and case coordinators.-- ``(aa) In general.--Case managers and case coordinators of the Department of Health and Human Services shall be detailed to designated reception centers for brief periods to ensure the independence of Department of Health and Human Services staff from the duties and functions of U.S. Customs and Border Protection. ``(bb) Duties.--A case manager or case coordinator detailed to a designated reception center shall assist the Federal field specialist at the reception center in verifying family relationships and screening each unaccompanied noncitizen child apprehended with a nonparent family member for safety concerns using existing or newly developed Department of Health and Human Services tools and skills, including document review, observation, and interviews of the child and family members. ``(II) Federal field specialists.-- ``(aa) In general.--Federal field specialists of the Department of Health and Human Services shall prioritize for review the release decisions for any child arriving at the border of the United States with a relative who is not a parent of the child, whom the Director of the Office of Refugee Resettlement would consider as a potential sponsor for the child. ``(bb) Duties.--Such a Federal field specialist shall work with case managers and case coordinators to review the recommendation of case managers or case coordinators with respect to the qualification of such relatives as sponsors for such children. ``(III) Legal services providers.-- The Secretary of Health and Human Services shall enter into 1 or more contracts with nongovernmental legal services providers to provide legal orientation presentations to accompanied noncitizen children and unaccompanied noncitizen children apprehended with nonparent family members and their parents or legal guardians or nonparent family members, as applicable, under consideration for expedited release under this subparagraph. ``(v) Release decision.--The Secretary of Health and Human Services shall make a determination with respect to expedited release under this subparagraph not later than 72 hours after the child has been determined to be an unaccompanied noncitizen child. ``(vi) Release of nonparent family member.-- ``(I) In general.--If the Secretary of Health and Human Services determines that the nonparent family member of an unaccompanied noncitizen child apprehended with a nonparent family member is a safe sponsor, and the applicable Federal field specialist and case manager or case coordinator have verified the family relationship, the Commissioner shall approve the release of the nonparent family member for the purpose of reunification with the child. ``(II) Retention of unaccompanied noncitizen child determination.--An unaccompanied noncitizen child released to a nonparent family member who is released under subclause (I) shall retain his or her determination as an unaccompanied noncitizen child. ``(III) Post-release counsel and services.--The Secretary of Health and Human Services shall provide to each child released to a nonparent family member who is released under subclause (I) post-release counsel and services, such as legal counsel, in the location in which the child's removal proceedings are scheduled. ``(vii) Transfer to office of refugee resettlement custody.-- ``(I) In general.--If the Secretary of Health and Human Services cannot make a determination with respect to whether a nonparent family member is an imminent substantial and credible threat to a child within 72 hours after the Commissioner has made the unaccompanied noncitizen child determination, or if an unaccompanied noncitizen child apprehended with a nonparent family member is denied expedited release under this subparagraph-- ``(aa) such child shall be placed in the least restrictive setting; ``(bb) notice shall be provided to the nonparent family member and the parents or legal guardians of the child, to the extent such individuals may be ascertained and contacted, with respect to--

``(AA) the reason for the inability to timely make such determination or for the denial; and

``(BB) the location of the child's transfer and any subsequent transfer; and

``(cc) the family relationship shall be documented. ``(II) Appointment of child advocate.--In the case of a child denied expedited release under this subparagraph, the Secretary of Health and Human Services shall appoint a child advocate for the child. ``(viii) Prohibition.--The adjudication of asylum applications shall not be carried out in a reception center designated under this subparagraph. ``(D) Transportation.-- ``(i) In general.--Except as provided in clause (ii), the Commissioner may not transport any unaccompanied noncitizen child in a vehicle with a detained adult who is not related to the child. ``(ii) Exception.-- ``(I) In general.--The Commissioner may transport an unaccompanied noncitizen child in a vehicle with such an adult only from the place of arrest or apprehension to a U.S. Customs and Border Protection facility. ``(II) Precautions.--In transporting an unaccompanied noncitizen child under subclause (I), the Commissioner shall take necessary precautions for the protection and well-being of the unaccompanied noncitizen child.''; and (C) by adding at the end the following: ``(5) Substantive and procedural protections.-- ``(A) In general.--On a determination that a child is an unaccompanied noncitizen child, the unaccompanied noncitizen child shall be afforded, for the duration of the unaccompanied noncitizen child's removal proceedings, all substantive and procedural protections provided under this section and any other applicable Federal law. ``(B) Unaccompanied noncitizen child determination.--No Federal agency, officer, or personnel may-- ``(i) reevaluate or revoke a determination that a child is an unaccompanied noncitizen child, unless an age assessment conducted by the Secretary of Health and Human Services consistent with section 105(h) of the Children's Safe Welcome Act of 2026 indicates that the individual is 18 years of age or older; or ``(ii) deny or impede access to any protection provided for unaccompanied noncitizen children under Federal law, including on the basis of-- ``(I) the reunification of an unaccompanied noncitizen child with a parent or legal guardian; ``(II) the release of an unaccompanied noncitizen child to a nonparent family member in accordance with subsection (b)(3)(C)(vi); or ``(III) an unaccompanied noncitizen child having attained 18 years of age.''; (7) in subsection (d)(8), in the paragraph heading, by striking ``unaccompanied alien children'' and inserting ``unaccompanied noncitizen children''; (8) by striking subsection (g); (9) by redesignating subsections (h) and (i) as subsections (g) and (h), respectively; and (10) by adding at the end the following: ``(i) Access to Legal Services.--Each child in immigration custody, including accompanied noncitizen children, shall-- ``(1) receive a legal orientation presentation; and ``(2) have access to legal counsel and child advocates. ``(j) Treatment of Adult Family Members Apprehended With Children.-- ``(1) In general.--A parent or legal guardian or a nonparent family member who is apprehended with a child shall be placed in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a). ``(2) Requirement.--Such a parent or legal guardian or nonparent family member and the child concerned shall be provided an opportunity-- ``(A) to consult, independently and jointly, legal counsel; and ``(B) to request such measures as may be necessary to ensure-- ``(i) full and fair consideration of their cases for relief from removal; and ``(ii) the best interests of the child. ``(k) Removal Proceedings for Accompanied Noncitizen Children.-- With respect to an accompanied noncitizen child, the child and their parent or legal guardian may only be placed in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a). ``(l) Definitions.--In this section: ``(1) Accompanied noncitizen child.--The term `accompanied noncitizen child' means a noncitizen under 18 years of age who-- ``(A) has no lawful immigration status in the United States; and ``(B) is apprehended while traveling with a parent, adoptive parent, or legal guardian. ``(2) Commissioner.--The term `Commissioner' means the Commissioner of U.S. Customs and Border Protection. ``(3) Danger of abuse or neglect at the hands of the parent, legal guardian, or nonparent family member.--The term `danger of abuse or neglect at the hands of the parent, legal guardian, or nonparent family member' shall not mean migrating to or crossing the United States border. ``(4) Nonparent family member.--With respect to an unaccompanied noncitizen child apprehended with a nonparent family member, the term `nonparent family member' means an individual who is-- ``(A) 18 years of age or older; and ``(B) a relative of such child, including a grandparent, aunt, uncle, first cousin, sibling, and fictive kin. ``(5) Unaccompanied noncitizen child.--The term `unaccompanied noncitizen child' has the meaning given the term `unaccompanied alien child' in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)). ``(6) Unaccompanied noncitizen child apprehended with a nonparent family member.--The term `unaccompanied noncitizen child apprehended with a nonparent family member' means an unaccompanied noncitizen child who is apprehended while traveling with a nonparent family member.''.

SEC. 103. NONADVERSARIAL ASYLUM PROCESSING FOR NONCITIZEN CHILDREN.

Section 208(b)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(3)(C)) is amended to read as follows: ``(C) Nonadversarial asylum processing for children.--The Director of U.S. Citizenship and Immigration Services shall have jurisdiction over the asylum application of an individual who-- ``(i) has been classified as an unaccompanied noncitizen child (as defined in section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232)), regardless of the age or marital status of the individual on the date on which he or she files an asylum application; ``(ii) was a child apprehended with a parent, adoptive parent, or legal guardian, regardless of the age or marital status of the individual on the date on which he or she files an asylum application; or ``(iii) is the parent or legal guardian of an individual described in clause (ii).''.

SEC. 104. STANDARDS FOR U.S. CUSTOMS AND BORDER PROTECTION DETENTION OF NONCITIZEN CHILDREN.

(a) Initial Processing of Noncitizen Children and Families With Noncitizen Children.-- (1) In general.--The Commissioner of U.S. Customs and Border Protection (referred to in this title as the ``Commissioner'') may only detain a noncitizen child for the purpose of initial processing. (2) Time limitation.--Under no circumstance may the Commissioner detain a family with a noncitizen child for more than 72 hours. (b) Prioritization of Best Interests of the Child and Family Unity.--In all decisions undertaken by the Commissioner with respect to the detention of a noncitizen child, the Commissioner shall prioritize-- (1) the best interests of the noncitizen child; and (2) in the case of a noncitizen child apprehended with a parent, legal guardian, or nonparent family member, family unity.

SEC. 105. STANDARDS FOR U.S. CUSTOMS AND BORDER PROTECTION FACILITIES HOUSING NONCITIZEN CHILDREN.

(a) In General.--A noncitizen child may not be housed in a U.S. Customs and Border Protection facility that is not in compliance with this Act or the amendments made by this Act. (b) Humanitarian Access.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Health and Human Services shall jointly develop operating procedures to provide employees of the Department of Health and Human Services immediate access to any U.S. Customs and Border Protection facility so as to facilitate the humane treatment of individuals and families encountered at the border. (2) Elements.--The procedures developed under paragraph (1) shall, at a minimum, provide that-- (A) for each U.S. Customs and Border Protection facility in which an individual may be detained in U.S. Customs and Border Protection custody longer than 72 hours, the Department of Health and Human Services shall have access to a separate designated space in the facility so that Department of Health and Human Services employees may conduct medical and mental health screenings, ensure opportunities for general hygiene, provide adequate food and hydration, offer nursing and diapering supplies, and provide appropriate space for children; and (B) employees of the Department of Health and Human Services at such a facility shall immediately begin efforts-- (i) to reunify unaccompanied children with sponsors in the United States; and (ii) verify family relationships to ensure that unaccompanied children who arrive with a nonparent family member may remain in the care of such nonparent family member. (c) National Standards on Transport, Escort, Detention, and Search.-- (1) Review.--Not later than 180 days after the date of the enactment of this Act, the Commissioner, in consultation with stakeholder organizations that serve immigrant and refugee children and families, shall conduct a review of the U.S. Customs and Border Protection standards entitled ``National Standards on Transport, Escort, Detention, and Search'' issued in October 2015, to identify necessary improvements with respect to the treatment and care of noncitizen children in U.S. Customs and Border Protection custody. (2) Revision.--Not later than 90 days after the date on which the review required by paragraph (1) is completed, the Commissioner shall revise such standards to incorporate the improvements identified by the review. (3) Compliance.--Not later than 180 days after the revision under paragraph (2), each U.S. Customs and Border Protection facility that houses 1 or more noncitizen children shall attain compliance with the revised standards. (d) Facility Requirements.-- (1) In general.--The Commissioner shall ensure that each U.S. Customs and Border Protection facility that houses 1 or more noncitizen children is safe and sanitary and promotes an appropriate and healthy environment for children. (2) Children's area.-- (A) In general.--The Commissioner shall ensure that each U.S. Customs and Border Protection facility that houses 1 or more noncitizen children includes-- (i) a dedicated physical environment that is appropriate for children of all ages and stages of development (referred to in this paragraph as a ``children's area''); and (ii) an outdoor recreation area. (B) Elements.--Each children's area shall be colorful and include-- (i) low, warm lights; (ii) child-sized furniture and equipment, including developmentally appropriate books and toys that facilitate structured and unstructured play; (iii) child-friendly images and displays; (iv) a children's bathroom; (v) a diaper-changing area and access to sanitation; (vi) nursing chairs for breastfeeding mothers; and (vii) an area in which children may sit and rest comfortably. (C) Child caregiver professional staffing.--Each children's area shall be staffed by 1 or more individuals who are professionally trained and licensed to provide services to children, including licensed childcare workers, licensed pediatric health professionals, and licensed child welfare professionals. (3) Medical screening and care.-- (A) In general.--The Commissioner shall ensure that-- (i) except as provided in subparagraph (F)(i), not later than 6 hours after the arrival of a noncitizen child at a U.S. Customs and Border Protection facility, the child receives a medical screening conducted by a licensed physician, advanced practice provider, nurse, or physician's assistant in accordance with this paragraph; (ii) a noncitizen child in the custody of the Commissioner shall have unrestricted access to appropriate medication for the management of an illness or injury of the child; (iii) in the case of such a child with a medical assistive device or other health care support item, the noncitizen child, or the parent, legal guardian, or nonparent family member of the child, is permitted unrestricted access to the device or item; (iv) on release from such custody, a noncitizen child, or the parent, legal guardian, or nonparent family member of the child, is provided with documentation of the child's medical screening and care, including the need for any followup while in such custody, in accordance with subparagraph (B)(viii); and (v) medication in possession of a noncitizen child, or in the possession of the child's parent, legal guardian, or nonparent family member, on arrival shall not be destroyed or discarded before the review and determination under subparagraph (B)(vi) occur. (B) Duties of medical professional.--With respect to a medical screening required by subparagraph (A) and the care of a noncitizen child at a U.S. Customs and Border Protection facility, a licensed physician, advanced practice provider, nurse, or physician's assistant attending the child at the facility shall-- (i) assess and identify any illness, condition, or physical ailment; (ii)(I) identify any acute condition or elevated medical risk; and (II) in the case of a child for which such a condition or risk is identified, consult with a licensed pediatrician or pediatric subspecialist; (iii) ensure that appropriate health care is provided to the child as necessary, including pediatric and reproductive health care; (iv) in the case of a child under 12 years of age, conduct a physical examination of the child in the presence of a parent, legal guardian, or family member; (v) in the case of a child who is 12 years of age or older-- (I) provide the child with the choice of-- (aa) a physical examination in the presence of a parent, legal guardian, or nonparent family member; or (bb) a private physical examination without the presence of a parent, legal guardian, or nonparent family member; and (II) conduct such examination in accordance with the child's preference; (vi) review any medication that is in the possession of the child on arrival to determine whether the medication shall be kept by the child or the child's parent, legal guardian, or nonparent family member, as applicable; (vii) in the case of a medication described in clause (vi) that may not be kept by the child or the child's parent, legal guardian, or nonparent family member for medical storage purposes, such as a medication that requires refrigeration, ensure storage with appropriate access for the child's use while in U.S. Customs and Border Protection custody; (viii) ensure that the medical screening and care under this paragraph, and any other medical evaluation of or intervention for the child conducted while the child is in the custody of the Commissioner, is documented in accordance with commonly accepted standards in the United States for medical records documentation; and (ix) ensure that a copy of all medical records and documentation of any medical screening and any other medical evaluation of, or intervention for, the child conducted while the child is in the custody of the Commissioner is-- (I) provided to the child and the child's parent, legal guardian, or nonparent family member before the child is released from such custody; or (II) in the case of a child who is transferred to the custody of the Director, sent to the Office of Refugee Resettlement immediately upon such transfer. (C) Procedures for medical screenings.--The Commissioner shall establish procedures for medical screenings and examinations under this paragraph that are consistent with-- (i) relevant guidelines set forth in the American Medical Association Code of Medical Ethics; and (ii) the recommendations of the American Academy of Pediatrics and the American College of Obstetricians and Gynecologists. (D) Language services.--The Commissioner shall ensure-- (i) the availability of in-person, language-appropriate interpretation services, including indigenous languages, for each noncitizen child in the custody of the Commissioner during any medical screening or examination; and (ii) that noncitizen children in such custody are informed of the availability of such services. (E) Location of medical screenings.--The Commissioner shall ensure that medical screenings, examinations, and any follow-up care under this paragraph are conducted in a location that-- (i) is private and provides a comfortable and considerate atmosphere for children; (ii) ensures each noncitizen child's dignity and right to privacy; and (iii) contains all necessary and appropriate medical equipment and supplies, including basic over-the-counter medications appropriate for all age groups. (F) Acute medical conditions.-- (i) In general.--The Commissioner shall ensure that any noncitizen child exhibiting symptoms of an acute medical condition, or who is at risk for an acute medical condition, receives immediate care from a licensed physician, advanced practice provider, nurse, or physician's assistant. (ii) Transfer to local health care facility.-- (I) In general.--If appropriate medical care cannot be provided for a noncitizen child described in clause (i) at a U.S. Customs and Border Protection facility, the Commissioner shall expeditiously transfer the child to a local medical facility. (II) Accompaniment by family.--In the case of a noncitizen child transferred under subclause (I), 1 or more parents, legal guardians, or nonparent family members, shall be permitted to accompany the child to such medical facility and stay with the child if so accompanying the child does not pose a serious safety risk to the child, as determined by a child welfare expert. (iii) Ongoing availability of transportation.--The Commissioner shall maintain-- (I) appropriate transportation at each U.S. Customs and Border Protection facility that houses 1 or more noncitizen children to ensure the availability of transport to outside medical facilities in the case of a medical emergency; or (II) an on-call service to provide such transportation to such a facility within 30 minutes. (G) Rule of construction.--Nothing in this paragraph shall be construed to require a noncitizen child, parent, legal guardian, or nonparent family member to disclose the child's medical history. (4) Services and supplies.--The Commissioner shall ensure that each U.S. Customs and Border Protection facility that houses 1 or more noncitizen children is in compliance with the following standards at all times: (A) Temperature.--The temperature inside the facility shall be maintained between 70 and 73 degrees Fahrenheit. (B) Ventilation.--The facility shall comply with the most recent guidance issued by the Centers for Disease Control and Prevention with respect to ventilation in buildings to mitigate the spread of COVID-19. (C) Food and water.-- (i) In general.--Food shall be provided-- (I) in a manner that follows Federal food safety laws and regulations; and (II) according to the guidelines of the American Academy of Pediatrics and the American College of Obstetricians and Gynecologists with respect to nutrition, consistency, calories, and portion size, consistent with the age of each child. (ii) Meals and snacks.-- (I) Arrival.--On arrival at the facility, a child shall be provided with a healthy, nutritious, and culturally appropriate meal. (II) Meals.--Meals shall-- (aa) be served daily to all noncitizen children for breakfast, lunch, and dinner, of which not fewer than 2 meals daily shall be served hot; and (bb) include a variety of fresh fruit, vegetables, a protein, and grains. (III) Snacks.--Noncitizen children shall have unrestricted access to healthy snacks. (IV) Limitation on unhealthful foods.--The availability of highly processed foods and sugars shall be limited. (iii) Water.--Each noncitizen child shall-- (I) be provided with not less than 1 gallon of drinking water or age- appropriate fluids daily; and (II) have unrestricted access to drinking water. (iv) Accommodation.--A noncitizen child's individual dietary needs or restrictions shall be accommodated. (v) Special considerations for infants and young children.-- (I) Bottle feeding.-- (aa) In general.--On arrival at a facility, the parent, legal guardian, or nonparent family member of a noncitizen child using a bottle for feeding shall be offered 2 clean baby bottles, a bottle brush, dish soap, and enough bottled water and baby formula for not less than 96 ounces of formula milk. (bb) Additional supplies.-- Additional baby formula and bottled water, and access to a bottle warmer, shall be provided on request of the parent, legal guardian, or nonparent family member. (II) Breastfeeding.--In the case of any noncitizen child who is breastfeeding at the time of arrival at the facility-- (aa) continued breastfeeding shall be supported; and (bb) the breastfeeding mother of each such noncitizen child shall be provided with privacy, blankets, a quiet area for breastfeeding, a nursing chair, and adequate amounts of food and water consistent with the dietary needs of a breastfeeding mother. (D) Hygiene.-- (i) Clothes and shoes.--Each noncitizen child shall be provided with a set of clean clothes, and on request, a pair of shoes in good condition and warm clothing. (ii) Showers.-- (I) In general.--Each noncitizen child shall be provided access to a hot shower with a barrier for privacy. (II) Access.--A noncitizen child shall be provided access to additional hot showers on request. (III) Temperature.--Hot water for a shower under this clause shall be set at a temperature consistent with the temperature required under childcare facility standards for childcare facilities licensed in the State in which the facility is located. (iii) Menstruation supplies.--Each female noncitizen child shall be offered immediately a supply of tampons and pads at no cost. (iv) Diapering.-- (I) In general.--The parent, legal guardian, or other family member of each noncitizen child using diapers shall be provided immediately with 3 size-appropriate diapers and a packet of diaper wipes. (II) Additional diapers.-- Additional diapers and diaper wipes shall be provided on request at no cost. (III) Diaper changing area.--The parent, legal guardian, or other family member of each such noncitizen child shall be provided-- (aa) access to a safe and sanitary area in which to change the child's diaper; (bb) a clean diaper changing pad; and (cc) a handwashing station. (v) Bathrooms.--Each noncitizen child shall be provided access to bathrooms. (E) Sleep.-- (i) Mats, blankets, and pillows.-- (I) In general.--On arrival, each noncitizen child shall be provided with a clean mat that is not less than 3 inches thick, a clean cloth blanket, and a clean pillow. (II) Additional blankets.--A noncitizen child shall be provided with additional blankets on request by the child or the parent, legal guardian, or other family member of the child. (ii) Quiet location.--On request or if there are signs of a noncitizen child feeling tired, the child shall be provided with access to a quiet location in which to sleep that has dimmed lights. (iii) Schedule.--Between the hours of 9:00 p.m. and 6:00 a.m.-- (I) noncitizen children shall have access to lighting that is safe and conducive to sleep; and (II) noise shall be at a level conducive to sleep. (F) Recreation.-- (i) In general.--Noncitizen children shall have access to age-appropriate recreational activities, including indoor and outdoor spaces for physical activity, toys, art supplies, sports equipment, and books. (ii) Outdoor play.--Noncitizen children shall be allowed to play outside for not less than 30 minutes every 3 hours during daylight hours. (G) Religious practice.--Noncitizen children shall be permitted to practice their religion or to not practice a religion, as applicable. (5) Notice of rights.-- (A) In general.--The Ombudsperson shall develop a notice of children's rights, which shall be posted in each U.S. Customs and Border Protection facility that houses children in any location in which noncitizen children are located. (B) Description of rights.--The notice required by subparagraph (A) shall include-- (i) a description of-- (I) all rights afforded to a noncitizen child under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) and this Act; (II) the right to a bond redetermination hearing; and (III) any other existing mechanism by which children may seek to enforce their rights, including placement review panels; and (ii) a list of pro bono legal services providers and contact information for such providers. (C) Format and languages.-- (i) In general.--Such notice shall be-- (I) written in a manner that is child friendly and age-appropriate; and (II) made available and posted in multiple languages, including the top 20 preferred languages. (ii) Additional languages.--The Ombudsperson may require such notice to be made available and posted in any additional language the Ombudsperson considers necessary based on the demographics of arriving noncitizen children. (D) Availability.--A child caregiver professional of the Department of Homeland Security shall provide each noncitizen child with such notice on the child's arrival at the U.S. Customs and Border Protection facility. (e) Separation From Unfamiliar Adults.-- (1) In general.--Except as provided in paragraph (2), an unaccompanied noncitizen child in the custody of the Commissioner shall be physically separated from any adult who is not related to the child. (2) Immediate separation not feasible.--In any circumstance in which such separation is not immediately feasible, such as during transport to a U.S. Customs and Border Protection facility, an unaccompanied noncitizen child shall not be left alone with such an adult or detained with such an adult for more than 6 hours. (f) Staff Training.-- (1) In general.--The Commissioner shall ensure that-- (A) the staff of each U.S. Customs and Border Protection facility in which 1 or more noncitizen children are housed receives training on responding to the needs of children and families exposed to trauma, including training on-- (i) the principles and practices of trauma- informed care and psychological first aid; (ii) vicarious traumatization and secondary stress; and (iii) recognizing the signs of a child in medical distress; and (B) every effort is made to ensure that the safety and well-being of noncitizen children in U.S. Customs and Border Protection custody are satisfactorily provided for by facility staff. (2) Rulemaking.-- (A) In general.--The Commissioner shall issue regulations that require Border Patrol and Office of Field Operations officials to participate in regular training so as to ensure that such officials treat all individuals in their custody with dignity, prevent abuse, and ensure constitutionally guaranteed and humane conditions of confinement. (B) Elements.--The regulations required by subparagraph (A) shall do the following: (i) Prohibit U.S. Customs and Border Protection officials from-- (I) discussing immigration outcomes with detained individuals; and (II) using derogatory language towards individuals in their custody. (ii) Address matters of child development, mental health and trauma, children with special needs, cultural competency, and any other matter the Commissioner considers appropriate. (iii) Require foreign language competency and interview protocols in cases in which interpretation is required. (iv) Require continuing education in any subject necessary to ensure compliance with this Act or the amendments made by this Act. (g) Monitoring and Oversight.-- (1) In general.--Compliance of U.S. Customs and Border Protection facilities with this Act and section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) shall be monitored by the Ombudsperson, in accordance with section 601. (2) Posting of ombudsperson's contact information.-- (A) In general.--The Commissioner shall post, in each U.S. Customs and Border Protection facility in which 1 or more noncitizen children are housed, the contact information for the Ombudsperson in multiple languages, including the top 20 preferred languages. (B) Additional languages.--The Ombudsperson may require such contact information to be posted in any additional language the Ombudsperson considers necessary based on the demographics of arriving noncitizen children. (h) Age Assessments.-- (1) In general.--Any individual who claims to be under the age of 18 years shall be presumed to be so and shall be treated according to the law and standards applicable to noncitizen children in immigration custody, unless following an age assessment, it is established by clear and convincing evidence that the individual is 18 years of age or older. (2) Requirements.-- (A) In general.--An age assessment may only be conducted if the Secretary or Secretary of Homeland Security has recent, credible, and documented evidence that the individual concerned is 18 years of age or older. (B) Considerations.--If an age assessment is conducted, the Secretary and the Secretary of Homeland Security shall take into consideration, to the extent such information is readily available-- (i) written or photographic evidence; (ii) statements and representations of the individual concerned and of the family and community members who know such individual; and (iii) the relevant cultural and ethnic context. (C) Prohibited methods.--The Secretary or the Secretary of Homeland Security may not-- (i) conduct any medical age assessment that consists of imaging studies, such as bone or dental radiography, dental examinations, or height, weight, skin, or sexual maturity ratings; or (ii) rely on the physical appearance of a child to justify an age assessment. (D) Legal counsel.-- (i) In general.--An individual with respect to whom an age assessment is conducted shall be provided with legal counsel before receiving such assessment and may not be removed before receiving such counsel. (ii) Evidence.--Legal counsel provided under clause (i) shall be provided with all evidence upon which the Secretary or the Secretary of Homeland Security relies to justify conducting an age assessment or to support an age assessment determination.

SEC. 106. MODIFICATION OF TERM ``ASYLUM OFFICER'' TO EXCLUDE OFFICERS OF U.S. CUSTOMS AND BORDER PROTECTION.

Section 235(b)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(E)) is amended-- (1) in clause (i), by striking ``, and'' and inserting a semicolon; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iii) is employed by the Refugee, Asylum, and International Operations Directorate of U.S. Citizenship and Immigration Services.''.

TITLE II--STANDARDS FOR DEPARTMENT OF HEALTH AND HUMAN SERVICES CUSTODY OF UNACCOMPANIED NONCITIZEN CHILDREN

Subtitle A--Standards for Foster Care Homes and Childcare Facilities

SEC. 201. OPERATION OF FOSTER CARE HOMES AND CHILDCARE FACILITIES.

(a) In General.--An entity contracted by the Director to operate a childcare facility shall be licensed by an appropriate State agency to provide residential, group, or foster care services for dependent children. (b) Operation as Nonsecure Facilities.--Each foster care home operated by a State-licensed program contracted by the Director to provide care for 1 or more unaccompanied noncitizen children, and each childcare facility, including any facility for special needs noncitizen children, shall be maintained as a nonsecure facility, in accordance with applicable State law.

SEC. 202. NOTICE OF RIGHTS.

(a) In General.--The Ombudsperson shall develop a notice of children's rights in childcare facilities, which shall be-- (1) posted in each childcare facility in all locations in which unaccompanied noncitizen children are located; and (2) distributed to each unaccompanied noncitizen child on arrival at a childcare facility. (b) Description of Rights.--The notice required by subsection (a) shall include-- (1) a description of-- (A) all rights afforded to an unaccompanied noncitizen child under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) and this Act; (B) the right to a bond redetermination hearing; and (C) any other existing mechanism by which children may seek to enforce their rights, including placement review panels; and (2) a list of pro bono legal services providers and contact information for such providers. (c) Format and Languages.-- (1) In general.--Such notice shall be-- (A) written in a manner that is child friendly and age-appropriate; and (B) made available and posted in multiple languages, including the top 20 preferred languages. (2) Additional languages.--The Ombudsperson may require that such notice be made available and posted in any additional language the Ombudsperson considers necessary based on the demographics of arriving noncitizen children. (d) Orientation to Role of Office of the Ombudsperson.--Each State- licensed program that operates a childcare facility shall provide to each unaccompanied noncitizen c

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