6 U.S.C. § 279 — Children’s affairs

Page 144 TITLE 6—DOMESTIC SECURITY § 278 report on changes in law, including changes in authorizations of appropriations and in appro- priations, that are needed to permit the Immi- gration and Naturalization Service, and, after the transfer of functions specified in this part takes effect, the Bureau of Citizenship and Im- migration Services of the Department, to ensure a prompt and timely response to emergent, un- foreseen, or impending changes in the number of applications for immigration benefits, and oth- erwise to ensure the accommodation of changing immigration service needs. (Pub. L. 107–296, title IV, § 460, Nov. 25, 2002, 116 Stat. 2201.) § 278. Application of Internet-based technologies (a) Establishment of tracking system The Secretary, not later than 1 year after the effective date of this chapter, in consultation with the Technology Advisory Committee estab- lished under subsection (c), shall establish an Internet-based system, that will permit a per- son, employer, immigrant, or nonimmigrant who has filings with the Secretary for any ben- efit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), access to online informa- tion about the processing status of the filing in- volved. (b) Feasibility study for online filing and im- proved processing (1) Online filing The Secretary, in consultation with the Technology Advisory Committee established under subsection (c), shall conduct a feasi- bility study on the online filing of the filings described in subsection (a). The study shall in- clude a review of computerization and tech- nology of the Immigration and Naturalization Service relating to the immigration services and processing of filings related to immigrant services. The study shall also include an esti- mate of the timeframe and cost and shall con- sider other factors in implementing such a fil- ing system, including the feasibility of fee payment online. (2) Report A report on the study under this subsection shall be submitted to the Committees on the Judiciary of the House of Representatives and the Senate not later than 1 year after the ef- fective date of this chapter. (c) Technology Advisory Committee (1) Establishment The Secretary shall establish, not later than 60 days after the effective date of this chapter, an advisory committee (in this section re- ferred to as the ‘‘Technology Advisory Com- mittee’’) to assist the Secretary in— (A) establishing the tracking system under subsection (a); and (B) conducting the study under subsection (b). The Technology Advisory Committee shall be established after consultation with the Com- mittees on the Judiciary of the House of Rep- resentatives and the Senate. (2) Composition The Technology Advisory Committee shall be composed of representatives from high technology companies capable of establishing and implementing the system in an expedi- tious manner, and representatives of persons who may use the tracking system described in subsection (a) and the online filing system de- scribed in subsection (b)(1). (Pub. L. 107–296, title IV, § 461, Nov. 25, 2002, 116 Stat. 2202.) Editorial Notes REFERENCES IN TEXT The effective date of this chapter, referred to in sub- secs. (a), (b)(2), and (c)(1), is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of this title. The Immigration and Nationality Act, referred to in subsec. (a), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such com- mittee is renewed by appropriate action prior to expi- ration of such 2-year period, or in the case of a com- mittee established by Congress, its duration is other- wise provided for by law. See section 1013 of Title 5, Government Organization and Employees. § 279. Children’s affairs (a) Transfer of functions There are transferred to the Director of the Office of Refugee Resettlement of the Depart- ment of Health and Human Services functions under the immigration laws of the United States with respect to the care of unaccompanied alien children that were vested by statute in, or per- formed by, the Commissioner of Immigration and Naturalization (or any officer, employee, or component of the Immigration and Naturaliza- tion Service) immediately before the effective date specified in subsection (d). (b) Functions (1) In general Pursuant to the transfer made by subsection (a), the Director of the Office of Refugee Re- settlement shall be responsible for— (A) coordinating and implementing the care and placement of unaccompanied alien children who are in Federal custody by rea- son of their immigration status, including developing a plan to be submitted to Con- gress on how to ensure that qualified and independent legal counsel is timely ap- pointed to represent the interests of each such child, consistent with the law regarding appointment of counsel that is in effect on November 25, 2002; (B) ensuring that the interests of the child are considered in decisions and actions relat- ing to the care and custody of an unaccom- panied alien child; (C) making placement determinations for all unaccompanied alien children who are in Page 145 TITLE 6—DOMESTIC SECURITY § 279 1 See References in Text note below. Federal custody by reason of their immigra- tion status; (D) implementing the placement deter- minations; (E) implementing policies with respect to the care and placement of unaccompanied alien children; (F) identifying a sufficient number of qualified individuals, entities, and facilities to house unaccompanied alien children; (G) overseeing the infrastructure and per- sonnel of facilities in which unaccompanied alien children reside; (H) reuniting unaccompanied alien chil- dren with a parent abroad in appropriate cases; (I) compiling, updating, and publishing at least annually a state-by-state list of profes- sionals or other entities qualified to provide guardian and attorney representation serv- ices for unaccompanied alien children; (J) maintaining statistical information and other data on unaccompanied alien chil- dren for whose care and placement the Di- rector is responsible, which shall include— (i) biographical information, such as a child’s name, gender, date of birth, coun- try of birth, and country of habitual resi- dence; (ii) the date on which the child came into Federal custody by reason of his or her immigration status; (iii) information relating to the child’s placement, removal, or release from each facility in which the child has resided; (iv) in any case in which the child is placed in detention or released, an expla- nation relating to the detention or release; and (v) the disposition of any actions in which the child is the subject; (K) collecting and compiling statistical in- formation from the Department of Justice, the Department of Homeland Security, and the Department of State on each depart- ment’s actions relating to unaccompanied alien children; and (L) conducting investigations and inspec- tions of facilities and other entities in which unaccompanied alien children reside, includ- ing regular follow-up visits to such facili- ties, placements, and other entities, to as- sess the continued suitability of such place- ments. (2) Coordination with other entities; no release on own recognizance In making determinations described in para- graph (1)(C), the Director of the Office of Ref- ugee Resettlement— (A) shall consult with appropriate juvenile justice professionals, the Director of the Bu- reau of Citizenship and Immigration Serv- ices, and the Assistant Secretary of the Bu- reau of Border Security to ensure that such determinations ensure that unaccompanied alien children described in such subpara- graph— (i) are likely to appear for all hearings or proceedings in which they are involved; (ii) are protected from smugglers, traf- fickers, or others who might seek to vic- timize or otherwise engage them in crimi- nal, harmful, or exploitive activity; and (iii) are placed in a setting in which they are not likely to pose a danger to them- selves or others; and (B) shall not release such children upon their own recognizance. (3) Duties with respect to foster care In carrying out the duties described in para- graph (1), the Director of the Office of Refugee Resettlement is encouraged to use the refugee children foster care system established pursu- ant to section 412(d) of the Immigration and Nationality Act (8 U.S.C. 1522(d)) for the place- ment of unaccompanied alien children. (4) Rule of construction Nothing in paragraph (2)(B) may be con- strued to require that a bond be posted for an unaccompanied alien child who is released to a qualified sponsor. (c) Rule of construction Nothing in this section may be construed to transfer the responsibility for adjudicating ben- efit determinations under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) from the authority of any official of the Department of Justice, the Department of Homeland Security, or the Department of State. (d) Effective date Notwithstanding section 4,1 this section shall take effect on the date on which the transfer of functions specified under section 251 of this title takes effect. (e) References With respect to any function transferred by this section, any reference in any other Federal law, Executive order, rule, regulation, or delega- tion of authority, or any document of or per- taining to a component of government from which such function is transferred— (1) to the head of such component is deemed to refer to the Director of the Office of Ref- ugee Resettlement; or (2) to such component is deemed to refer to the Office of Refugee Resettlement of the De- partment of Health and Human Services. (f) Other transition issues (1) Exercise of authorities Except as otherwise provided by law, a Fed- eral official to whom a function is transferred by this section may, for purposes of per- forming the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately be- fore the effective date specified in subsection (d). (2) Savings provisions Subsections (a), (b), and (c) of section 552 of this title shall apply to a transfer of functions under this section in the same manner as such provisions apply to a transfer of functions Page 146 TITLE 6—DOMESTIC SECURITY § 279 under this chapter to the Department of Homeland Security. (3) Transfer and allocation of appropriations and personnel The personnel of the Department of Justice employed in connection with the functions transferred by this section, and the assets, li- abilities, contracts, property, records, and un- expended balance of appropriations, authoriza- tions, allocations, and other funds employed, held, used, arising from, available to, or to be made available to, the Immigration and Natu- ralization Service in connection with the func- tions transferred by this section, subject to section 1531 of title 31, shall be transferred to the Director of the Office of Refugee Resettle- ment for allocation to the appropriate compo- nent of the Department of Health and Human Services. Unexpended funds transferred pursu- ant to this paragraph shall be used only for the purposes for which the funds were origi- nally authorized and appropriated. (g) Definitions As used in this section— (1) the term ‘‘placement’’ means the place- ment of an unaccompanied alien child in ei- ther a detention facility or an alternative to such a facility; and (2) the term ‘‘unaccompanied alien child’’ means a child who— (A) has no lawful immigration status in the United States; (B) has not attained 18 years of age; and (C) with respect to whom— (i) there is no parent or legal guardian in the United States; or (ii) no parent or legal guardian in the United States is available to provide care and physical custody. (Pub. L. 107–296, title IV, § 462, Nov. 25, 2002, 116 Stat. 2202; Pub. L. 110–457, title II, § 235(f), Dec. 23, 2008, 122 Stat. 5081.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in subsec. (c), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. Section 4, referred to in subsec. (d), is section 4 of Pub. L. 107–296, which is set out as an Effective Date note under section 101 of this title. This chapter, referred to in subsec. (f)(2), was in the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. CODIFICATION In subsec. (f)(3), ‘‘section 1531 of title 31’’ substituted for ‘‘section 202 of the Budget and Accounting Proce- dures Act of 1950’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. AMENDMENTS 2008—Subsec. (b)(1)(L). Pub. L. 110–457, § 235(f)(1), sub- stituted ‘‘, including regular follow-up visits to such facilities, placements, and other entities, to assess the continued suitability of such placements.’’ for period at end. Subsec. (b)(3). Pub. L. 110–457, § 235(f)(2)(A), sub- stituted ‘‘paragraph (1),’’ for ‘‘paragraph (1)(G),’’. Subsec. (b)(4). Pub. L. 110–457, § 235(f)(2)(B), added par. (4). Statutory Notes and Related Subsidiaries CHANGE OF NAME Bureau of Border Security, referred to in subsec. (b)(2)(A), changed to Bureau of Immigration and Cus- toms Enforcement by Reorganization Plan Modifica- tion for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Ses- sion, set out as a note under section 542 of this title. NOTIFICATION OF USE OF UNLICENSED INFLUX FACILITY Pub. L. 118–47, div. D, title II, § 232, Mar. 23, 2024, 138 Stat. 679, provided that: ‘‘In addition to the existing Congressional notification for formal site assessments of potential influx facilities, the Secretary [of Health and Human Services] shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 15 days before operationalizing an unli- censed facility, and shall (1) specify whether the facil- ity is hard-sided or soft-sided, and (2) provide analysis that indicates that, in the absence of the influx facil- ity, the likely outcome is that unaccompanied alien children will remain in the custody of the Department of Homeland Security for longer than 72 hours or that unaccompanied alien children will be otherwise placed in danger. Within 60 days of bringing such a facility on- line, and monthly thereafter, the Secretary shall pro- vide to the Committees on Appropriations of the House of Representatives and the Senate a report detailing the total number of children in care at the facility, the average length of stay and average length of care of children at the facility, and, for any child that has been at the facility for more than 60 days, their length of stay and reason for delay in release.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 117–328, div. H, title II, § 232, Dec. 29, 2022, 136 Stat. 4886. Pub. L. 117–103, div. H, title II, § 232, Mar. 15, 2022, 136 Stat. 473. Pub. L. 116–260, div. H, title II, § 233, Dec. 27, 2020, 134 Stat. 1596. Pub. L. 116–94, div. A, title II, § 233, Dec. 20, 2019, 133 Stat. 2585. REPORT ON CHILDREN SEPARATED FROM PARENTS OR LEGAL GUARDIANS Pub. L. 118–47, div. D, title II, § 234, Mar. 23, 2024, 138 Stat. 680, provided that: ‘‘Not later than 14 days after the date of enactment of this Act [Mar. 23, 2024], and monthly thereafter, the Secretary [of Health and Human Services] shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and make publicly available online, a report with respect to children who were separated from their parents or legal guardians by the Department of Home- land Security (DHS) (regardless of whether or not such separation was pursuant to an option selected by the children, parents, or guardians), subsequently classified as unaccompanied alien children, and transferred to the care and custody of ORR [Office of Refugee Resettle- ment] during the previous month. Each report shall contain the following information: ‘‘(1) the number and ages of children so separated subsequent to apprehension at or between ports of entry, to be reported by sector where separation oc- curred; and ‘‘(2) the documented cause of separation, as re- ported by DHS when each child was referred.’’ Similar provisions were contained in the following prior appropriation acts: Page 147 TITLE 6—DOMESTIC SECURITY § 292 Pub. L. 117–328, div. H, title II, § 234, Dec. 29, 2022, 136 Stat. 4886. Pub. L. 117–103, div. H, title II, § 234, Mar. 15, 2022, 136 Stat. 473. Pub. L. 116–260, div. H, title II, § 235, Dec. 27, 2020, 134 Stat. 1597. Pub. L. 116–94, div. A, title II, § 235, Dec. 20, 2019, 133 Stat. 2585. PART F—GENERAL IMMIGRATION PROVISIONS § 291. Abolishment of INS (a) In general Upon completion of all transfers from the Im- migration and Naturalization Service as pro- vided for by this chapter, the Immigration and Naturalization Service of the Department of Justice is abolished. (b) Prohibition The authority provided by section 542 of this title may be used to reorganize functions or or- ganizational units within the Bureau of Border Security or the Bureau of Citizenship and Immi- gration Services, but may not be used to recom- bine the two bureaus into a single agency or otherwise to combine, join, or consolidate func- tions or organizational units of the two bureaus with each other. (Pub. L. 107–296, title IV, § 471, Nov. 25, 2002, 116 Stat. 2205.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME Bureau of Border Security, referred to in subsec. (b), changed to Bureau of Immigration and Customs En- forcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under section 542 of this title. § 292. Voluntary separation incentive payments (a) Definitions For purposes of this section— (1) the term ‘‘employee’’ means an employee (as defined by section 2105 of title 5) who— (A) has completed at least 3 years of cur- rent continuous service with 1 or more cov- ered entities; and (B) is serving under an appointment with- out time limitation, but does not include any person under sub- paragraphs (A)–(G) of section 663(a)(2) of Pub- lic Law 104–208 (5 U.S.C. 5597 note); (2) the term ‘‘covered entity’’ means— (A) the Immigration and Naturalization Service; (B) the Bureau of Border Security of the Department of Homeland Security; and (C) the Bureau of Citizenship and Immigra- tion Services of the Department of Home- land Security; and (3) the term ‘‘transfer date’’ means the date on which the transfer of functions specified under section 251 of this title takes effect. (b) Strategic restructuring plan Before the Attorney General or the Secretary obligates any resources for voluntary separation incentive payments under this section, such offi- cial shall submit to the appropriate committees of Congress a strategic restructuring plan, which shall include— (1) an organizational chart depicting the covered entities after their restructuring pur- suant to this chapter; (2) a summary description of how the au- thority under this section will be used to help carry out that restructuring; and (3) the information specified in section 663(b)(2) of Public Law 104–208 (5 U.S.C. 5597 note). As used in the preceding sentence, the ‘‘appro- priate committees of Congress’’ are the Commit- tees on Appropriations, Government Reform, and the Judiciary of the House of Representa- tives, and the Committees on Appropriations, Governmental Affairs, and the Judiciary of the Senate. (c) Authority The Attorney General and the Secretary may, to the extent necessary to help carry out their respective strategic restructuring plan described in subsection (b), make voluntary separation in- centive payments to employees. Any such pay- ment— (1) shall be paid to the employee, in a lump sum, after the employee has separated from service; (2) shall be paid from appropriations or funds available for the payment of basic pay of the employee; (3) shall be equal to the lesser of— (A) the amount the employee would be en- titled to receive under section 5595(c) of title 5; or (B) an amount not to exceed $25,000, as de- termined by the Attorney General or the Secretary; (4) may not be made except in the case of any qualifying employee who voluntarily sepa- rates (whether by retirement or resignation) before the end of— (A) the 3-month period beginning on the date on which such payment is offered or made available to such employee; or (B) the 3-year period beginning on Novem- ber 25, 2002, whichever occurs first; (5) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and (6) shall not be taken into account in deter- mining the amount of any severance pay to which the employee may be entitled under sec- tion 5595 of title 5, based on any other separa- tion. (d) Additional agency contributions to the retire- ment fund (1) In general In addition to any payments which it is oth- erwise required to make, the Department of