# Plain Language Summary: Protection of Children Act of 2023

This bill makes it faster and easier to send unaccompanied children back to their home countries if they arrive at the U.S. border without a parent or guardian. Currently, most unaccompanied children get to stay in the U.S. while their cases are processed, which can take months or years. Under this bill, children who don't qualify for special protections would have to go before an immigration judge within just 14 days, and the government would have the power to return them to their home country much more quickly. The bill removes a current exception that allowed children from Mexico and Canada to be sent back faster than children from other countries—now all children would face the same expedited process.

The bill also adds a new requirement: when the Department of Health and Human Services places an unaccompanied child with a family member or sponsor while their case is being decided, they must share that person's information with immigration authorities. If that person is found to be in the country illegally and not already in removal proceedings, immigration officials have 30 days to start deportation proceedings against them. This means a child could potentially be placed with a relative, only to have that relative deported, which would separate them again.

Additionally, the bill changes rules about "Special Immigrant Juvenile Status," a legal protection for children who cannot reunite with their parents due to abuse, neglect, or abandonment. The bill makes it harder for children to qualify for this protection by requiring that reunification with every single parent be impossible, rather than just one parent. This could leave more vulnerable children without legal status and protection. The bill also clarifies that children must have access to lawyers, though it specifies the government won't pay for these lawyers, which could make legal representation difficult for poor families.

Protection of Children Act of 2023

Carter, John R.

Protection of Children Act of 2023 This bill modifies the treatment of unaccompanied alien children and tightens eligibility requirements for Special Immigrant Juvenile visas (immigrant visas for non-U.S. nationals under 21 years of age in the United States who have been abused or abandoned by a parent). Current law authorizes the Department of Homeland Security (DHS) to remove an unaccompanied alien child to their country of nationality or last habitual residence if that country is next to the United States. This section (1) eliminates the requirement that the country is next to the United States; and (2) requires the child's removal, whereas currently removal is authorized. This section also establishes and modifies deadlines for the handling of unaccompanied alien children. For example, if the child is a victim of severe human trafficking, the child must have a hearing before an immigration judge within 14 days of screening as part of removal proceedings. Furthermore, before DHS places an unaccompanied alien child with an individual, the Department of Health and Human Services must provide DHS with certain information about the individual, including social security number and immigration status. DHS must initiate removal proceedings if the individual is unlawfully present. This bill establishes that an individual does not qualify for a Special Immigrant Juvenile visa if reunification is possible with any parent or legal guardian. Currently, an individual may qualify if the individual cannot reunite with one or both parents due to abuse, neglect, or abandonment (i.e., an individual may qualify even if reunification with one parent is possible).