H.R. 1238 · 117th Congress · House

PROKID Act

Active· Referred to the Subcommittee on Immigration and Citizenship.
Introduced
Feb 23, 21
Passed House
Pending
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

Protection of Kids in Immigrant Detention Act or PROKID Act

This bill establishes the Office of the Ombudsperson for Immigrant Children in Government Custody within the Department of Health and Human Services (HHS).

The office shall ensure that if government detention of an immigrant child is necessary, that child is held in the least restrictive setting. The office shall also advocate for (1) the quick and safe release of such a detained child, and (2) a child who was detained with family to be released concurrently with a parent or legal guardian.

The office's duties shall include (1) monitoring facilities with immigrant children held in government custody to ensure compliance with applicable laws and standards, (2) investigating claims of mistreatment and complaints against foster care providers, (3) reviewing contested decisions about the placement of an immigrant child, and (4) reviewing data from HHS and the Department of Homeland Security (DHS) relating to such children.

The office may also offer individual case assistance to such a detained child who requires expedited processing or elevated attention. The office may also issue subpoenas with HHS approval.

DHS and HHS must ensure that the office has the ability to conduct investigative and monitoring activities, including by providing unobstructed access to any detention facility with immigrant children.

The office and DHS shall enter into a memorandum of understanding to coordinate oversight between DHS and HHS.

The bill also establishes an expert advisory committee to assist the office and an interagency working group to identify and discuss concerns related to detained immigrant children.

Action Timeline

6
  1. APR 28, 2021Committee

    Referred to the Subcommittee on Immigration and Citizenship.

  2. FEB 24, 2021Committee

    Referred to the Subcommittee on Border Security, Facilitation, and Operations.

  3. FEB 23, 2021IntroReferral

    Introduced in House

  4. FEB 23, 2021IntroReferral

    Introduced in House

  5. FEB 23, 2021IntroReferral

    Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  6. FEB 23, 2021IntroReferral

    Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Committees

4

Immigration Integrity, Security, and Enforcement Subcommittee

hsju01

Referred: Apr 28, 2021

Active

Border Security and Enforcement Subcommittee

hshm11

Referred: Feb 24, 2021

Active

Homeland Security Committee

hshm00

Referred: Feb 23, 2021

Active

Judiciary Committee

hsju00

Referred: Feb 23, 2021

Active