3.0.0 3263 2023-01-11T13:41:47Z 2023-01-11T13:41:47Z Senate S 2018-07-25 115 ssju00 Judiciary Committee Senate Standing Referred to 2018-07-25T17:18:15Z Fair Day in Court for Kids Act of 2018 115 2468 S 2018-02-28 Read twice and referred to the Committee on the Judiciary. Related bill CRS Keep Families Together Act 115 3036 S 2018-06-07 Read twice and referred to the Committee on the Judiciary. Related bill CRS 2018-07-25 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S5363-5366) IntroReferral 2018-07-25 Introduced in Senate IntroReferral 10000 9 Library of Congress D000563 Sen. Durbin, Richard J. [D-IL] Richard Durbin D IL J. N Immigration Appropriations Border security and unlawful immigration Child care and development Child health Child safety and welfare Congressional oversight Correctional facilities and imprisonment Crime victims Criminal investigation, prosecution, interrogation Criminal justice information and records Department of Homeland Security Department of Justice Detention of persons Domestic violence and child abuse Evidence and witnesses Executive agency funding and structure Family relationships Foreign language and bilingual programs Government buildings, facilities, and property Government information and archives Government studies and investigations Human trafficking Immigration status and procedures Judges Judicial procedure and administration Judicial review and appeals Law enforcement officers Lawyers and legal services Public contracts and procurement Refugees, asylum, displaced persons Separation, divorce, custody, support Immigration 00 2018-07-25 Introduced in Senate 2019-03-11T21:55:35Z Humane Treatment of Migrant Children Act

This bill prohibits an agent or officer of the Department of Homeland Security (DHS), the Department of Justice (DOJ), or the Department of Health and Human Services from removing a child (i.e., an individual who has not reached the age of 18 and has no permanent immigration status) from a parent or legal guardian at or near the port of entry or within 100 miles of the U.S. border unless: (1) a state court determines that such removal is in the best interests of the child, (2) a state child welfare agency makes a similar determination because the child is in danger or abuse or neglect, or (3) the Chief Patrol Agent or the Area Port Director authorizes separation based on a finding that the child is a victim of trafficking or is in danger of abuse or neglect.

The bill establishes a strong presumption in favor of family unity and a presumption that detention is not in the best interest of families and children. It further requires DHS to ensure that sibling groups remain intact.

DHS must: (1) publish final public guidance that describes the manner in which a parent or legal guardian may locate a child who has become separated; (2) provide the parent or legal guardian of a separated child basic information about the child's activities, education and health, and immigration status; and (3) report to Congress annually on family separation.

The Government Accountability Office must study, and report on, the prosecution of asylum seekers during the period beginning on January 1, 2008, and ending on December 31, 2018.

The bill requires that unaccompanied alien children be provided free legal counsel in immigration proceedings and that DHS provide access to counsel for all aliens detained in immigration detention facilities.

The U.S. Immigration and Customs Enforcement shall use its resources to detain aliens who pose a threat to national security or public safety. Aliens shall not be detained if they are known to be suffering from serious physical or mental illness, have a disability, are elderly, pregnant, or nursing, are minors, are the primary caretakers of a minor or an inform person, or that their detention is otherwise not in the public interest.

DHS must provide sufficient funding to cover alternatives to detention programs. DOJ must increase the total number of immigration judges and DHS must increase the number of its personnel responsible for processing refugee applications.

]]> Humane Treatment of Migrant Children Act Display Title Humane Treatment of Migrant Children Act Official Title as Introduced A bill to limit the separation of families at or near ports of entry, to provide access to counsel for unaccompanied alien children, and to improve immigration detention, and for other purposes. Introduced in Senate IS Short Titles as Introduced Humane Treatment of Migrant Children Act Introduced in Senate 2018-07-25T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-115s3263is/xml/BILLS-115s3263is.xml 2018-07-25 Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S5363-5366) text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.