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 412. (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 412. (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.