Protection of Children Act of 2023

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).