Placement

(a) In general In the event of an emergency or influx that prevents the prompt placement of unaccompanied noncitizen children in childcare facilities, the Director— (1) shall make every effort— (A) to place arriving unaccompanied noncitizen children in other State-licensed programs; and (B) to release unaccompanied noncitizen children from other programs as expeditiously as possible; and (2) may not house an unaccompanied noncitizen child in an influx facility or any other emergency or temporary facility for more than 20 days. (b) Transfer to licensed facility (1) In general Except as provided in paragraph (2), in the case of an unaccompanied noncitizen child for whom release to a sponsor within 20 days of placement in an influx facility is not possible, the Director shall transfer the child to a childcare facility. (2) Exception The Director may not transfer a child under paragraph (1) if the transfer would prolong the child's total length of custody by more than 48 hours. (c) Limitation on transfer to influx facility The Director may not transfer to an influx facility any unaccompanied noncitizen child— (1) for whom— (A) a prospective sponsor has not been identified; or (B) such transfer would delay release by more than 48 hours; or (2) who— (A) has been identified by the Director as— (i) having a prospective sponsor who is not a parent, a legal guardian, or an immediate relative; or (ii) not having any identified prospective sponsor; (B) is younger than 16 years of age; (C) is part of a sibling group in the custody of the Secretary of which 1 or more siblings are younger than 16 years of age; (D) speaks a language other than English or Spanish as his or her primary language; (E) has special needs; (F) is currently prescribed psychotropic medication; (G) is pregnant or parenting; (H) will attain 18 years of age on a date that is not more than 30 days after the proposed date of transfer to the influx facility; (I) is scheduled to be released on a date that is not more than 3 days after the proposed date of the transfer; (J) has a pending home study; (K) has not received a legal orientation presentation or a legal screening; (L) has a date scheduled for a hearing before an immigration court or a State court, including family and juvenile court; (M) has a pending application for relief from removal; (N) has legal counsel; or (O) has a child advocate. (d) Family groups The Director shall ensure that— (1) unaccompanied noncitizen children with siblings or other relatives under the age of 18 in the custody of the Secretary are not separated from each other; and (2) such family groups have unlimited visitation with each other in influx facilities.