PROKID Act

Advocacy for Release: The Office of the Ombudsperson is required to advocate for the quick, safe, and efficient release of immigrant children from detention or immigration custody whenever possible (Section 3(a)(2)(B)).

Protection of Family Units: For children held in Department of Homeland Security custody with their families, the office must advocate for the concurrent release of the child and the parent or legal guardian within 72 hours of apprehension (Section 3(a)(2)(C)).

Monitoring for Safety and Compliance: The Ombudsperson is tasked with monitoring facilities to ensure compliance with federal and state laws, including the Flores settlement agreement and the Prison Rape Elimination Act (Section 3(c)(3)(A)(i)).

Investigation of Mistreatment: The office has the duty to investigate reports of abuse, neglect, or mistreatment of immigrant children by the government or other entities (Section 3(c)(3)(B)(i)).

Individual Case Assistance: The Ombudsperson may offer assistance on specific cases that are long-pending or require expedited processing or elevated attention (Section 3(c)(3)(F)(i)).

Increased Transparency via Data: The bill requires a data collection system to track the number of children in custody, the time they remain in custody, and the median time-to-release, which is then made available to the public (Section 4(b)).

Subpoena Power Restrictions: While the Ombudsperson has subpoena authority, this power is subject to the approval of the Secretary of Health and Human Services (Section 3(c)(3)(G)(i)).

Information Sharing Limitations: Under the memorandum of understanding with the Department of Homeland Security, the Ombudsperson may only share information with the Secretary of Homeland Security on a case-by-case basis and only with the informed consent of the immigrant child (Section 6(a)(3)).