The "Children's Safe Welcome Act of 2024" is a proposed law that aims to improve the treatment and care of noncitizen children in the United States. It outlines procedures to prevent family separation, sets standards for detention and foster care, provides services and protections for unaccompanied children, and ensures legal representation and oversight to promote fair and humane treatment.

The section provides definitions for key terms related to the protection and care of noncitizen children, including what is meant by "best interests of the child," the types of facilities where children might be housed, and roles such as the "Director" and "Ombudsperson." These terms help clarify the guidelines for handling the custody and welfare of unaccompanied noncitizen children in the United States.

The section prohibits the separation of noncitizen children from their family while in U.S. custody, except in specific cases where the child's safety is at risk or national security is a concern. It mandates the hiring of child welfare experts for determining such cases and provides rights for families to challenge separations, ensuring the reunification of separated families as soon as the issues are resolved.

The amendments to Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 update terminology, improve care, and strengthen protections for noncitizen children. They require the presence of licensed child caregivers at border facilities, mandate release procedures for children with family members, and prohibit family detention centers. Additionally, new protocols ensure legal services, expedited evaluations, and limit custody to 72 hours, while also providing definitions and procedural guidelines regarding the handling of these children.

The section amends the Immigration and Nationality Act to specify that the U.S. Citizenship and Immigration Services Director handles asylum applications for noncitizen children, including those classified as unaccompanied or apprehended with a parent or guardian, as well as for parents or guardians of such children.

The section outlines the standards for detaining noncitizen children by U.S. Customs and Border Protection. It states that children can only be held for initial processing, with a maximum time limit of 72 hours for families, and emphasizes prioritizing the child's best interests and maintaining family unity.

This section outlines standards and procedures for U.S. Customs and Border Protection facilities housing noncitizen children, including ensuring humanitarian access, revising standards for the treatment and care of these children, maintaining safe and sanitary conditions, providing necessary medical screenings and care, and ensuring children's rights and staff training. It also emphasizes age assessments to determine if individuals should be treated as children, requiring the provision of legal counsel and evidence before such assessments.

The section amends the definition of "asylum officer" in the Immigration and Nationality Act to specify that these officers work within the Refugee, Asylum, and International Operations Directorate of the U.S. Citizenship and Immigration Services, explicitly excluding officers from U.S. Customs and Border Protection.

The section states that any organization running a childcare facility must be licensed by a state agency to provide services for dependent children. Additionally, foster care homes and childcare facilities must operate as nonsecure facilities, following state laws, particularly when caring for unaccompanied noncitizen children.

The section outlines the responsibilities of the Ombudsperson to create and distribute a notice explaining the rights of unaccompanied noncitizen children in childcare facilities. The notice must describe their legal rights, be child-friendly, and available in multiple languages, and all facilities must provide children with information about the Ombudsperson's role and contact details.

The section outlines the responsibilities of the Director of childcare facilities, including maintaining adequate staff ratios, hiring and training specialists for managing unaccompanied noncitizen children, and ensuring timely decisions about their release. There is also a contingency fund to manage crises by hiring more staff and specific training for those working with young children, covering topics like mental health, child development, and cultural sensitivity.

A State-licensed childcare facility caring for unaccompanied noncitizen children must provide various services such as orientation, medical care, and education, among others, while ensuring privacy and respect for the children's rights. The facility must also maintain detailed, confidential records and follow culturally sensitive rules that avoid any form of abusive discipline.

The section requires that the Director evaluate unaccompanied noncitizen children suspected of having disabilities for services under the Rehabilitation Act of 1973 and ensure they receive necessary services and accommodations through an individualized plan. Additionally, any related records must be kept separate from the child's immigration file.

The section outlines educational requirements for programs serving unaccompanied noncitizen children, including a curriculum that meets state standards, involves basic academic subjects, and has certified staff. It specifies that the instruction be suitable for children's development, ensures safe and inclusive learning environments, provides for special education needs, and includes opportunities to develop personal and social skills.

A State-licensed childcare program must offer recreational opportunities that follow federal and health guidelines. Children must engage in at least an hour of outdoor activity and structured leisure time daily, with more time allotted when school isn't in session. Programs lacking adequate on-site recreation spaces should regularly take children to suitable off-site locations, and they must provide reading materials in languages preferred by noncitizen children.

The section outlines the plan to phase out large congregate care facilities, defined as those housing more than 25 individuals, for unaccompanied noncitizen children within two years of the Act's enactment. It includes restrictions on using federal funds for such facilities, exceptions for specific types of care, and a requirement for the Director to develop and submit a phased transition plan to Congress while providing additional support to affected nongovernmental organizations.

An unaccompanied noncitizen child under the care of the Secretary must be placed in a family-like environment that is the least restrictive and meets the child’s special needs, ensuring the child’s best interests are maintained.

The bill outlines guidelines for placing unaccompanied noncitizen children in foster care, prioritizing family-like settings and considering proximity to immigration proceedings and special needs. It sets preferences for short-term and long-term care, mandates contracts with licensed foster care providers, ensures equal access for children with disabilities or mental health needs, and requires background checks to ensure child safety.

The section outlines how the Director should handle unaccompanied noncitizen children with disabilities, prioritizing their release to community sponsors to receive appropriate services and providing necessary care while in custody. It also requires the Director to support these children by ensuring available placements, offering resources, providing training to staff, and ensuring a majority of facilities are equipped to care for such children.

The section focuses on reducing the movement of unaccompanied noncitizen children between childcare facilities and foster placements. It mandates prior notification of transfers, except in urgent situations, and ensures children are kept with siblings whenever possible and transferred with all their belongings and legal documents.

In this section, the rules for placing unaccompanied noncitizen children in restrictive settings are described. It outlines the procedures for placement reviews, the criteria for determining the necessity of restrictive placements, and the rights of the children, including access to legal counsel and the ability to contest such placements. It also establishes limitations on using secure and staff-secure facilities and emphasizes prioritizing less restrictive and therapeutic environments when possible.

Unaccompanied immigrant children, or their guardian(s) with the child's consent, can request a court review of decisions about where the child is placed or who sponsors them. The review can happen in the location where the child is currently or was originally placed, and the case is limited to the child's specific situation. Decisions made by authorities on the child's placement can be fully re-evaluated, and if the child is facing deportation, they have the right to a bond hearing unless they waive it.

The text outlines procedures for the Office of Refugee Resettlement to manage and reunify unaccompanied noncitizen children with their families while in custody, emphasizing prompt contact, preference for family release, efficient processing timelines, and eliminating barriers to release, with a focus on promptly reuniting young children with relatives. It also mandates that recordkeeping be thorough and allows remote services only in specific facilities.

The section outlines rules for sponsors of unaccompanied children, emphasizing child safety and prohibiting discrimination based on various personal characteristics. It details the process for assessing potential sponsors, including legal rights, mandatory safeguards, annual evaluations, and procedures for hearings if a sponsorship application is denied or delayed, as well as their rights to challenge or seek review of decisions.

In this section of the bill, it states that the release of children with disabilities who are unaccompanied noncitizens should not be delayed due to pending evaluations. It outlines various conditions and support measures for determining when these children can be released or reunited with their parents, emphasizing the importance of providing evidence, independent review, and support for sponsors, as well as finding alternative placements if needed.

The Secretary must release unaccompanied noncitizen children from custody promptly and provide them with their complete case file, including medical and educational information. The release includes ensuring a 60-day supply of prescribed medication, covering transportation costs, and prohibiting reclaiming the child into custody, except in cases where there is a concern of abuse or neglect which can be reported to state child welfare agencies.

The section outlines that the Director cannot always require services for children released without their parents, unless the child might be in danger without those services. It also details voluntary services that help these children and their sponsors, like school enrollment, medical record access, and health insurance eligibility.

This section outlines that individuals in government custody who turn 18 without being released to a sponsor are generally presumed to be released with certain support services unless the government can prove otherwise. It mandates the development of plans to support these individuals, considers trauma and safety in sponsorship applications, prohibits detention based solely on reaching 18, and ensures that they maintain access to legal rights and community housing.

If someone believes an unaccompanied child should have been released from custody, they can ask for a review by the Ombudsperson. Additionally, if the child has been in custody for 45 days or more, officials must inform the Ombudsperson and give them related documents and reasons for the extended custody.

The section expresses Congress's opinion that before opening or expanding facilities for unaccompanied noncitizen children, authorities should first seek to place these children in family-like, state-licensed environments that cater to their best interests and any special needs.

The section provides definitions for specific terms used in the text: "emergency" refers to short-term events like natural disasters or medical issues, and "operational capacity" refers to the number of beds available in certain refugee facilities for unaccompanied noncitizen children.

The section outlines procedures for placing unaccompanied noncitizen children during emergencies, requiring efforts to quickly place them in state-licensed programs and limit their stay in emergency facilities to no more than 20 days. It also specifies conditions under which children can be transferred between facilities and emphasizes not separating siblings or child relatives, ensuring they can visit each other freely.

The section outlines the requirements for a plan to prepare for emergencies involving unaccompanied noncitizen children. It mandates the creation of a list of additional care facilities with extra beds, ensuring these facilities are properly licensed, meet state standards, and are located in areas offering culturally suitable community services. If the number of children needing placement exceeds available options, the plan should also focus on finding more placements and speeding up the process to reunite children with sponsors.

The section outlines the standards and procedures for operating influx facilities, which house unaccompanied noncitizen children. It includes requirements for compliance with safety, staffing ratios, and facility standards, as well as background checks and fluency for staff members, emergency response protocols, and reporting mechanisms for abuse or neglect.

The section outlines the responsibilities for site visits and monitoring of influx facilities that house unaccompanied noncitizen children. It requires the Director to conduct monthly visits to ensure compliance with various standards, the Inspector General to make unscheduled visits, and the Ombudsperson to check compliance with federal and state laws. Additionally, approved stakeholders, such as nonprofit representatives, are allowed to tour the facilities monthly.

Unaccompanied noncitizen children in the custody of the Secretary must receive a free legal orientation and screening within 10 days, which explains their rights regarding removal and hearings. Efforts should be made to provide these services before the child's release, but lack of them should not prevent release to a sponsor.

The section ensures that every unaccompanied noncitizen child in U.S. custody receives legal representation, with attorneys provided at government expense if needed. It also specifies that these children must have access to private meetings and phone calls with their lawyers, covers various legal proceedings related to immigration and well-being, and requires cooperation from the Office of Refugee Resettlement to share necessary information with legal counsel.

The Secretary is required to appoint independent child advocates for vulnerable unaccompanied noncitizen children and expand related services by increasing funding, ensuring access to necessary records, and providing confidentiality, legal support, and prioritization of areas with high numbers of these children. Additionally, child advocates must provide "best interest" recommendations, and there are provisions for funding to support these initiatives.

The section of the bill outlines improvements for the immigration courts, including hiring at least 75 new immigration judges and additional support staff to manage cases more efficiently in 2025. It forbids favoring former federal employees over equally qualified candidates from other backgrounds and grants judges the power to administratively close cases where individuals are eligible for visas or other benefits.

The section establishes an Office of the Ombudsperson within the Department of Health and Human Services to oversee and ensure the welfare of unaccompanied noncitizen children in immigration custody. The Ombudsperson, an independent role, has the authority to investigate complaints, conduct site visits to facilities, and issue public reports while ensuring confidentiality and transparency in the investigation and reporting processes.

The section outlines requirements for the Department of Homeland Security and the Office of Refugee Resettlement to collect, maintain, and report data on noncitizen children in their custody. It mandates regular data collection and submission to relevant bodies, the publication of certain data on public websites, and ensures the Ombudsperson has access to review this data for accuracy and integrity.

The section outlines the enforcement measures for childcare facilities, including annual audits by the Director to ensure compliance with the law. It details consequences for violations, such as notification of deficiencies, appeals, and potential debarment, along with allowing civil action and specifying penalties for interference with investigations or breaches of duty.

The section outlines that the Director cannot punish or take negative actions against any organizations funded by the Office of Refugee Resettlement for legally helping noncitizen children or their guardians, especially if these organizations go to court. Additionally, it ensures that no one will face retaliation for complaining to the Ombudsperson or if noncitizen children report discrimination.

In this section, Members of Congress are allowed to tour detention facilities housing individuals, including unaccompanied noncitizen children, during specific hours if they provide advanced notice. Members of the press can join but cannot use cameras or share personal information without permission. Limits on the number of participants apply, depending on the size of the facility.

Noncitizen children in immigration custody should receive fair and equal treatment, with services provided in a way that respects their age, culture, and unique needs. They are protected against discrimination based on characteristics such as race, gender, or disability, and these protections do not reduce any existing discrimination laws.

The section outlines responsibilities for care providers of noncitizen children in immigration custody, ensuring fair treatment, respect, and non-discrimination. Special considerations include maintaining cultural connections for indigenous children and respecting privacy and gender identity for all children, with additional provisions for LGBTQI children regarding housing and expression.

The Director is required to keep the personal information and case files of unaccompanied noncitizen children separate from their immigration files, and these records must not be accessible by the Department of Homeland Security.

The section prohibits the use of an unaccompanied noncitizen child's records from the Office of Refugee Resettlement by the Secretary of Homeland Security or the Attorney General for denying relief applications or facilitating involuntary removal in any legal proceedings.

Under this law, the personal details and case files of unaccompanied noncitizen children are kept confidential and can only be shared if the child has consulted with a lawyer and given consent. For children under 12, only a parent, legal guardian, or sponsor can give consent to share this information, and once shared, the information cannot be shared again without a new consent.

The section outlines that the Director cannot share information about noncitizen children or their potential sponsors with immigration authorities without consent, except for specific purposes like national security or law enforcement. It also states that certain information can be shared with agencies to assess benefits eligibility or help victims but maintains confidentiality and prohibits information sharing for immigration enforcement or relief from removal without consent.

Information shared by unaccompanied noncitizen children during counseling sessions is generally kept private and cannot be given to certain government employees unless the child poses an imminent threat or gives informed consent after consulting with legal counsel. Juvenile information, like case files and personal details, must remain confidential and cannot be disclosed, shared, or attached to documents involving federal officials without a court order, protecting the privacy of the child's immigration and personal details.

The section outlines protections for information and data gathered from sponsors or those seeking to become sponsors. This data cannot be disclosed, used in legal proceedings, or published without consent, except for family reunification, child placement, or oversight purposes. Only authorized personnel from the Department of Health and Human Services are allowed to access this information.

The section makes it clear that the Act does not restrict a noncitizen child's right to seek judicial review or exercise any rights they already have. It also ensures that the Flores settlement agreement, which protects children in immigration custody, remains unchanged and allows legal representatives to continue their duties related to it.