Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB286 Compare Versions

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11 II
22 119THCONGRESS
33 1
44 STSESSION S. 286
55 To establish vetting standards for the placement of unaccompanied alien
66 children with sponsors, and for other purposes.
77 IN THE SENATE OF THE UNITED STATES
88 JANUARY28, 2025
99 Mr. S
1010 COTTof Florida (for himself and Mr. JOHNSON) introduced the following
1111 bill; which was read twice and referred to the Committee on the Judiciary
1212 A BILL
1313 To establish vetting standards for the placement of unaccom-
1414 panied alien children with sponsors, and for other pur-
1515 poses.
1616 Be it enacted by the Senate and House of Representa-1
1717 tives of the United States of America in Congress assembled, 2
1818 SECTION 1. SHORT TITLE. 3
1919 This Act may be cited as the ‘‘Stop Human Traf-4
2020 ficking of Unaccompanied Migrant Children Act of 2025’’. 5
2121 SEC. 2. VETTING STANDARDS FOR PLACEMENT OF UNAC-6
2222 COMPANIED ALIEN CHILDREN WITH SPON-7
2323 SORS. 8
2424 (a) V
2525 ETTING OFPROSPECTIVESPONSORS.— 9
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2929 (1) IN GENERAL.—Before an unaccompanied 1
3030 alien child (as defined in section 462(g) of the 2
3131 Homeland Security Act of 2002 (6 U.S.C. 279(g))) 3
3232 may be released from the custody of the Secretary 4
3333 of Health and Human Services to the custody of a 5
3434 sponsor, the sponsor shall undergo and complete, to 6
3535 the satisfaction of the Secretary of Health and 7
3636 Human Services and the head of the department of 8
3737 children and family services of the applicable State 9
3838 (or the equivalent State agency) and in consultation 10
3939 with the Attorney General and the Secretary of 11
4040 Homeland Security, a fingerprint background check 12
4141 and vetting process that includes— 13
4242 (A) a public records check; 14
4343 (B) a check of the National Sex Offender 15
4444 Registry of the Department of Justice, con-16
4545 ducted through the public internet website for 17
4646 such registry; 18
4747 (C) a Federal Bureau of Investigation Na-19
4848 tional Criminal History check based on digital 20
4949 fingerprints or digitized fingerprints submitted 21
5050 on paper; 22
5151 (D) a Child Abuse and Neglect check, ob-23
5252 tained on a State-by-State basis; and 24
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5656 (E) a check of the criminal history reposi-1
5757 tory of the applicable 1 or more States and a 2
5858 police records check of the applicable localities. 3
5959 (2) A
6060 DULTS HOUSEHOLD MEMBERS .—As part 4
6161 of the vetting process under paragraph (1), each in-5
6262 dividual who is 18 years of age or older in the 6
6363 household of a prospective sponsor shall undergo 7
6464 and complete all vetting processes required by para-8
6565 graph (1), to the satisfaction of the Secretary of 9
6666 Health and Human Services and the head of the de-10
6767 partment of children and family services of the ap-11
6868 plicable State (or the equivalent State agency) and 12
6969 in consultation with the Attorney General and the 13
7070 Secretary of Homeland Security, before an unaccom-14
7171 panied alien child may be placed in such household. 15
7272 (b) L
7373 IMITATION ON PLACEMENTWITHILLEGAL 16
7474 A
7575 LIENS.—The Secretary of Health and Human Services 17
7676 may not release an unaccompanied alien child to the cus-18
7777 tody of a sponsor who is an alien unlawfully present in 19
7878 the United States, unless such alien is a biological parent, 20
7979 legal guardian, or relative of the child. 21
8080 (c) M
8181 ONITORINGVISITS.— 22
8282 (1) P
8383 RE-RELEASE.—Before an unaccompanied 23
8484 alien child may be released from the custody of the 24
8585 Secretary of Health and Human Services, the Sec-25
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8989 retary shall conduct a home visit to the household in 1
9090 which the child is proposed to be placed, regardless 2
9191 of the sponsor category of the prospective sponsor. 3
9292 (2) P
9393 OST-RELEASE.—For each child released 4
9494 from the custody of the Secretary of Health and 5
9595 Human Services after the date of the enactment of 6
9696 this Act, the Secretary shall conduct— 7
9797 (A) during the 1-year period beginning on 8
9898 the date on which the child is so released, not 9
9999 fewer than 5 unannounced in-person home vis-10
100100 its; and 11
101101 (B) during the subsequent 1-year period, 1 12
102102 in-person home visit each quarter. 13
103103 (d) R
104104 ETROACTIVE VETTING.—The Secretary of 14
105105 Health and Human Services, in collaboration with the 15
106106 head of the department of children and family services of 16
107107 each applicable State (or the equivalent State agency) and 17
108108 in consultation with the Attorney General and the Sec-18
109109 retary of Homeland Security, shall immediately conduct 19
110110 the fingerprint background check and vetting process de-20
111111 scribed in subsection (a) for each sponsor with whom a 21
112112 child released from the custody of the Secretary of Health 22
113113 and Human Services has been placed since January 20, 23
114114 2021, until the sponsor of each such child has been vetted 24
115115 in accordance with this Act. 25
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119119 (e) MONTHLYREPORTS.— 1
120120 (1) C
121121 HILDREN IN CUSTODY AND RELEASED TO 2
122122 SPONSORS.—Not later than 30 days after the date 3
123123 of the enactment of this Act, and every 30 days 4
124124 thereafter, the Secretary of Health and Human 5
125125 Services and the Secretary of Homeland Security 6
126126 shall jointly submit to the Committee on Homeland 7
127127 Security and Governmental Affairs of the Senate 8
128128 and the Committee on Homeland Security of the 9
129129 House of Representatives a report that contains, for 10
130130 the preceding month— 11
131131 (A) the number of unaccompanied alien 12
132132 children encountered by the Secretary of Home-13
133133 land Security; 14
134134 (B) the number of unaccompanied alien 15
135135 children released by the Secretary of Homeland 16
136136 Security into the custody of the Secretary of 17
137137 Health and Human Services; 18
138138 (C) the number of sponsor background 19
139139 checks completed under subsection (a); 20
140140 (D) the number of sponsor background 21
141141 checks in progress under such subsection; 22
142142 (E) the number of pre-release home visits 23
143143 completed; 24
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147147 (F) the number of post-release home visits 1
148148 completed; 2
149149 (G) the number of unaccompanied alien 3
150150 children released to sponsors, disaggregated by 4
151151 sponsor category; 5
152152 (H) total number of unaccompanied alien 6
153153 children in the custody of the Secretary of 7
154154 Health and Human Services, disaggregated by 8
155155 State and Department of Health and Human 9
156156 Services facility; and 10
157157 (I) the rate at which the Secretary of 11
158158 Health and Human Services rejected sponsor-12
159159 ship applications. 13
160160 (2) M
161161 ISSING CHILDREN.—Not later than 30 14
162162 days after the date of the enactment of this Act, and 15
163163 every 30 days thereafter, the Secretary of Health 16
164164 and Human Services and the Secretary of Homeland 17
165165 Security shall jointly submit to Congress a report on 18
166166 all efforts made, during the preceding month, by the 19
167167 Department of Health and Human Services and the 20
168168 Department of Homeland Security to account for all 21
169169 children— 22
170170 (3) who were released from the custody of the 23
171171 Secretary of Health and Human Services to a spon-24
172172 sor on or after January 20, 2021; and 25
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176176 (4) as of the date of the enactment of this 1
177177 Act— 2
178178 (A) who have been reported missing; or 3
179179 (B) with respect to whom the Secretary of 4
180180 Health and Human Services has no record 5
181181 since the date of release from custody. 6
182182 Æ
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