H.R. 7538: Migrant Child Safety Act

This bill, known as the Migrant Child Safety Act, proposes amendments to the existing laws regarding unaccompanied alien children, with the aim of ensuring their safety during the placement process with sponsors in the United States. Here is a breakdown of the key provisions:

Information Collection Requirements

The Secretary of Health and Human Services (HHS) is mandated to gather comprehensive information about individuals who wish to act as sponsors for unaccompanied alien children. This information includes:

• The name and any aliases of the individual.
• The individual's social security number and date of birth.
• The individual's place of birth and current residence, along with proof of address.
• The results of background checks on the individual and any adult household members.
• The immigration status of the individual.
• Contact information, including a phone number.
• If the sponsor is related to the child, documentation proving the relationship, or results from a DNA test.
• Any additional information deemed necessary by the HHS Secretary.

Pre-Placement Safeguards

Before placing an unaccompanied child, HHS, in collaboration with the Department of Homeland Security (DHS), is required to:

• Conduct at least one in-person home visit to assess the safety and suitability of the placement.
• Implement electronic monitoring for non-citizen sponsors for the duration of the child's immigration proceedings.
• Require the sponsor to post a bond, with a minimum amount set at $5,000, to ensure the child's appearance in immigration proceedings.

Immigration Status Determination

Upon receiving the aforementioned information, the DHS Secretary must promptly determine the immigration status of the proposed sponsor. If the sponsor is found to be unlawfully present in the U.S. and not in removal proceedings, the DHS Secretary may initiate such proceedings.

Reporting Requirements

If HHS cannot contact a sponsor within 120 days of placement, the name and related information of the child must be reported as missing to the National Center for Missing and Exploited Children (NCMEC).

Furthermore, HHS is required to inform local or state health or welfare agencies about the child and the sponsor's information within 30 days of placement.

Parental Contact

HHS must also attempt to contact the biological parents of each unaccompanied child, using any information available to them, to maintain connection and oversight during the sponsorship process.

Effective Date

The provisions of this bill will apply to any unaccompanied alien child apprehended 30 days after the bill is enacted.

Relevant Companies

None found.