# Plain Language Summary: Protection of Children Act of 2021

This bill makes it faster and easier to send unaccompanied migrant children back to their home countries. Currently, children who arrive at the U.S. border without parents get certain legal protections and have time to make their case for why they should stay. This bill removes many of those protections for children who aren't trafficking victims and don't claim to fear returning home. Instead of the current process that can take months or years, children who don't meet specific criteria would have to appear before an immigration judge within just 14 days to argue their case. The bill also removes a rule that gave special consideration to children from countries bordering the U.S., meaning children from any country could be sent back more quickly.

The bill adds another layer by requiring the government to collect detailed information about anyone who takes in a migrant child—including their name, social security number, address, and immigration status. If that person is found to be in the country illegally, immigration authorities would start removal proceedings against them. This is meant to prevent migrant children from being placed with people who are themselves undocumented immigrants. The bill also changes rules around "special immigrant juvenile status," which is a legal pathway that helps some children stay in the U.S. when they can't reunite with their parents. The change makes it slightly easier for children to qualify if they've lost contact with both parents rather than just one.

The bill also modifies how asylum cases work by removing a specific legal exception, though the exact impact of this change depends on how immigration courts interpret the remaining rules. Overall, this legislation shifts the system toward faster deportations of migrant children while adding stricter vetting of the adults who care for them.

Protection of Children Act of 2021

Carter, John R.

Protection of Children Act of 2021 This bill requires the removal of unaccompanied alien children in certain instances and amends related provisions. An immigration officer must return an unaccompanied child apprehended at a land border to the child's country of nationality or last habitual residence if the child (1) is not a victim of severe trafficking, and (2) does not have a credible fear of persecution. Currently, an immigration officer may return the child only if such criteria is met and the child is from a contiguous country and able to make an independent decision to withdraw a petition for admission into the United States. If the Department of Homeland Security (DHS) has determined that an unaccompanied child is a victim of severe trafficking or has a credible fear of persecution and DHS seeks to remove that child, removal proceedings with a hearing before an immigration judge shall be held within 14 days of the determination. Such a child shall have access to counsel, to the greatest extent practicable, and at no expense to the government. (Currently, the statute does not prohibit the government from bearing the expenses for such counsel.) The bill extends and removes certain deadlines for transferring an unaccompanied alien child to Department of Health and Human Services (HHS) custody. HHS, before placing a child with an individual, shall provide DHS with certain information about the individual. If the individual's immigration status is unknown, DHS shall investigate and initiate removal proceedings if the individual is unlawfully present.