Apprehension procedures for immigration enforcement actions

(a) In general In any immigration enforcement action, the Secretary and any cooperating entity shall— (1) provide each apprehended individual who is a parent of a child in the United States— (A) the opportunity to make as many telephone calls as necessary to arrange for the care of such child in the absence of the individual; and (B) with contact information, in the preferred language of the individual, for— (i) attorneys and legal service providers capable of providing free legal advice or representation regarding child welfare, child custody determinations, and immigration matters; (ii) the consulate of the applicable foreign country; and (iii) child welfare agencies and family courts in the jurisdiction in which any such child is located; (2) notify the child welfare agency with jurisdiction over any such child only if— (A) the apprehended parent wants the child to remain in the United States and is unable to make care arrangements for the child; or (B) the Department has information specific to any such child that the child is at imminent risk of serious harm, and any such information shall be documented and shared with the apprehended parent; (3) except in a case of medical necessity or in extraordinary circumstances, ensure that personnel of the Department and the cooperating entity do not— (A) in the presence of any child, make excessive use of force, including drawing weapons and throwing individuals to the ground, in the arrest or apprehension of individuals; (B) compel or request any child to interpret or translate in the interview of a parent or of any other individual encountered during the immigration enforcement action; or (C) engage in any deception of a child for purposes of facilitating or initiating immigrant enforcement against the child’s parents, other family or household members, or any other individual; (4) in the case of an apprehended parent whose child is present during the immigration enforcement action, except in extraordinary circumstances, ensure that the parent is provided an opportunity— (A) to communicate with the child, including through physical contact; (B) to reassure the child; and (C) to share information regarding care arrangements for the child with any other individual who is present or who may be reached by telephone while the apprehended parent is detained; and (5) ensure that any apprehended individual who is a parent of a child in the United States— (A) except in a case of medical necessity or in extraordinary circumstances— (i) is not transferred from the location at which the individual is apprehended until the individual— (I) has made arrangements for the care of such child; or (II) if such arrangements are unavailable or the individual is unable to make such arrangements within 48 hours of the immigration enforcement action— (aa) is consulted and allowed to participate in the decisionmaking process to arrange with the Department for the care arrangements made for the child; and (bb) is provided with a means to maintain communication with the child; and (ii) to the extent practicable, is placed in a detention facility that will facilitate opportunities for regular visitation with a child during detention and is proximate to— (I) the habitual place of residence of the child; and (II) the location of the immigration enforcement action; and (B) receives due consideration of the best interests of the child in any decision or action relating to the individual's detention, release, or transfer between detention facilities. (b) Requests to State and local entities If the Secretary makes a request to a cooperating entity to hold in custody an individual who the Secretary has reason to believe is removable under section 237 of the Immigration and Nationality Act (8 U.S.C. 1227) pending transfer of such individual to the custody of the Secretary or to a detention facility, the Secretary shall ensure that the cooperating entity provides the individual the protections described in paragraphs (1) and (2) of subsection (a) if such individual is the parent of a child in the United States. (c) Protections against trafficking preserved Nothing in this section may be construed to impede, delay, or limit the obligations of the Secretary, the Attorney General, or the Secretary of Health and Human Services under— (1) section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); (2) section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279); or (3) the Stipulated Settlement Agreement filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85–4544–RJK) (commonly known as the Flores Settlement Agreement).