# Plain Language Summary: The PROKID Act

This bill creates a new independent office called the Ombudsperson for Immigrant Children in Government Custody. Think of an ombudsperson as a watchdog—someone whose job is to investigate complaints and make sure government agencies are treating people fairly. In this case, the ombudsperson would specifically oversee how immigrant children are being treated while in government custody, whether they're held by immigration authorities, in shelters, or in other facilities.

The ombudsperson would have real power to investigate complaints about abuse, neglect, or mistreatment of immigrant children. They could visit facilities without warning, talk to children, review records, and issue subpoenas to get information. If they find problems, they can make recommendations to government agencies. The bill also requires the ombudsperson to review placement decisions when a child, their lawyer, or their family disagrees with where the government wants to place them—and they have to complete these reviews within 15 days. If the government disagrees with the ombudsperson's recommendation, they have to explain why in writing.

The office would also establish regional branches around the country to stay connected with local issues and work with state child welfare agencies. The ombudsperson would set up a toll-free phone number and email address so children, families, and advocates can report problems directly. Every year, they'd report to Congress about what they found, including statistics on how many children are in custody and what kinds of complaints they received. The bill emphasizes that the ombudsperson must be completely independent from both the immigration agencies and the health department, so they can investigate without pressure from the agencies they're watching.

PROKID Act

Jayapal, Pramila

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.