[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3605 Introduced in House (IH)]

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114th CONGRESS
  1st Session
                                H. R. 3605

  To establish humane practices for the repatriation of aliens at the 
  border, establish effective standards for the treatment of certain 
 aliens in the custody of the Department of Homeland Security, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2015

Ms. Roybal-Allard introduced the following bill; which was referred to 
  the Committee on the Judiciary, and in addition to the Committee on 
 Homeland Security, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To establish humane practices for the repatriation of aliens at the 
  border, establish effective standards for the treatment of certain 
 aliens in the custody of the Department of Homeland Security, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Family Values at the Border 
Act''.

SEC. 2. PROTECTION OF FAMILY VALUES IN APPREHENSION PROGRAMS.

    (a) Procedures for Migration Deterrence Programs at the Border.--In 
any migration deterrence program carried out at a border, the Secretary 
and any cooperating entity shall for each apprehended individual--
            (1) as soon as practicable after such individual is 
        apprehended--
                    (A) inquire through a standardized procedure that 
                shall be established by the Secretary not later than 90 
                days after the date of the enactment of this Act, as to 
                whether such apprehended individual is--
                            (i) a parent, legal guardian, or primary 
                        caregiver of a child; or
                            (ii) traveling with a spouse, child, or 
                        sibling; and
                    (B) ascertain whether repatriation of such 
                apprehended individual presents any humanitarian 
                concern or concern related to such apprehended 
                individual's physical safety; and
            (2) ensure that, with respect to a decision related to the 
        repatriation or referral for prosecution of such apprehended 
        individual, due consideration is given to--
                    (A) the best interests of such apprehended 
                individual's child;
                    (B) family unity whenever possible; and
                    (C) other public interest factors, including 
                humanitarian concerns and concerns related to such 
                apprehended individual's physical safety.
    (b) Mandatory Training.--The Secretary, in consultation with the 
Secretary of Health and Human Services, the Attorney General, the 
Secretary of State, and independent immigration, child welfare, family 
law, and human rights law experts, shall--
            (1) develop and provide specialized training for all 
        personnel of U.S. Customs and Border Protection and cooperating 
        entities who come into contact with apprehended individuals 
        regarding legal authorities, policies, and procedures relevant 
        to the preservation of a child's best interest, family unity, 
        and other public interest factors, including factors described 
        in subsection (a); and
            (2) require border enforcement personnel to undertake 
        periodic and continuing training on best practices and changes 
        in relevant legal authorities, policies, and procedures 
        referred to in paragraph (1).
    (c) Annual Report on the Impact of Migration Deterrence Programs at 
the Border.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act and annually thereafter, the 
        Secretary shall submit to Congress a report that describes the 
        impact of migration deterrence programs on parents, legal 
        guardians, primary caregivers of a child, individuals traveling 
        with a spouse, child, or sibling, and individuals who present 
        humanitarian considerations or concerns related to such 
        individual's physical safety.
            (2) Contents.--Each report required under paragraph (1) 
        shall include for the previous year period an assessment of--
                    (A) the number of apprehended individuals removed, 
                repatriated, or referred for prosecution who are the 
                parent, legal guardian, or primary caregiver of a child 
                who is a citizen of the United States;
                    (B) the number of occasions in which both parents, 
                or the primary caretaker of such a child was removed, 
                repatriated, or referred for prosecution as part of a 
                migration deterrence program;
                    (C) the number of apprehended individuals traveling 
                with a spouse, parent, grandparent, sibling, or child 
                who are removed, repatriated, or referred for 
                prosecution; and
                    (D) the impact of migration deterrence programs on 
                public interest factors, including humanitarian 
                concerns and physical safety.
    (d) Regulations.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary shall promulgate regulations to 
implement this section.

SEC. 3. LIMITING DANGEROUS DEPORTATION PRACTICES.

    (a) Certification Required.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act and every 180 days thereafter, the 
        Secretary, except as provided in paragraph (2), shall submit to 
        Congress written certification that the Department has deported 
        or otherwise removed for a violation of the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.) an apprehended 
        individual from the United States through an entry or exit 
        point on the southern border only during daylight hours.
            (2) Exception.--The certification required under paragraph 
        (1) shall not apply to the deportation or removal of an 
        apprehended individual otherwise described in such paragraph 
        if--
                    (A) the manner of such deportation or removal is 
                justified by a compelling governmental interest; and
                    (B) such apprehended individual is not a child and 
                such apprehended individual agrees to be deported or 
                removed in such manner after being notified of the 
                intended manner of deportation or removal.
    (b) Consultation.--The Secretary shall consult with the Secretary 
of State and with local service providers at ports of entry, including 
shelters, hospitals, and centers for deported women and children, when 
negotiating or renegotiating agreements with the Government of Mexico 
and State and local entities governing arrangements for the deportation 
or removal of apprehended individuals to determine appropriate hours, 
subject to subsection (a), for conducting deportations and removals, 
and identifying safety concerns at deportation and removal sites.

SEC. 4. SHORT-TERM CUSTODY STANDARDS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary, in consultation with the head of 
the Office of Civil Rights and Civil Liberties of the Department, shall 
promulgate regulations establishing short-term custody standards 
providing for basic minimums of care at all U.S. Customs and Border 
Protection (CBP) facilities holding individuals in CBP custody, 
including--
            (1) Border Patrol stations;
            (2) ports of entry;
            (3) checkpoints;
            (4) forward operating bases;
            (5) secondary inspection areas; and
            (6) short-term custody facilities.
    (b) Requirements.--The regulations promulgated in accordance with 
subsection (a) shall ensure that detention space capacity will not be 
exceeded except in emergency circumstances, and that all individuals in 
CBP custody receive--
            (1) potable water and a snack, and, if detained for more 
        than five hours, a nutritious meal with regular nutritious 
        meals (at least one of which daily must be heated), and snacks, 
        thereafter;
            (2) medically appropriate meals or snacks if such 
        individuals are pregnant or have medical needs;
            (3) access to bathroom facilities, as well as basic 
        toiletries and hygiene items, including soap, a toothbrush, 
        toilet paper, and other items appropriate for the age and 
        gender identification of such individuals, such as diapers and 
        feminine hygiene products;
            (4) a cot, clean linens, and blankets, if detained for more 
        than five hours;
            (5) adequate lighting and climate control that achieves a 
        reasonable indoor temperature;
            (6) a physical and mental health screening conducted 
        promptly upon arrival in a manner that complies with the 
        requirements for such screenings specified in the currently 
        applicable National Commission for Correctional Health Care 
        Jails Standards, as well as information about the availability 
        of, and access to, health care services that is communicated in 
        a form and language such individuals are known to understand;
            (7) immediate physical and mental health needs addressed by 
        a qualified health care professional as soon as possible;
            (8) prompt notice of the ability to make one telephone call 
        at any time after arrest, telephone access to make such call, 
        and the phone numbers to file a complaint with the Office of 
        the Inspector General of the Department and the Office for 
        Civil Rights and Civil Liberties of the Department;
            (9) to the extent practicable, a reasonable accommodation 
        to respect such individuals' religious practices;
            (10) all protections under the Prison Rape Elimination Act 
        of 2003 (42 U.S.C. 15601 et seq.; Public Law 108-79), except 
        that certain protections shall not apply at a particular CBP 
        facility if the Commissioner of CBP determines that 
        implementation at that particular facility of such a protection 
        would be impracticable;
            (11) safe transport, including prevention of sexual assault 
        during transfer, including in subcontracted transportation 
        services, while such individuals are transported from a CBP 
        facility; and
            (12) an administrative exit interview, upon release from 
        CPB custody and after individuals have an opportunity to 
        receive and review their belongings, with translations as 
        necessary, which contains the questions described in subsection 
        (c), or substantially similar questions.
    (c) Exit Interview Questions.--The questions described in this 
section are as follows:
            (1) Have all belongings, including money and identification 
        been returned to you?
            (2) Were you apprehended with family members? If so, have 
        you received information about where your family member is and 
        how and when you may be reunited?
            (3) Have you received information about how to file a 
        complaint?
            (4) Do you wish to file a complaint now about your 
        treatment or conditions while in CPB custody?
    (d) Further Provisions.--The Commissioner of CBP shall ensure that 
all individuals in CBP custody--
            (1) have regular access to consular officials and 
        Government-funded legal service providers through confidential 
        in-person visits or telephonic communications;
            (2) receive copies of all signed documents; and
            (3) are transferred to an appropriate U.S. Immigration and 
        Customs Enforcement or Department of Health and Human Services 
        Office of Refugee Resettlement facility or are released from 
        short-term custody within 72 hours of apprehension.
    (e) Surveillance of Certain Individuals in CBP Custody.--The 
Commissioner of CBP shall ensure constant surveillance of an individual 
in CBP custody who exhibits signs of hostility, depression, or similar 
behaviors, or who is reasonably known to pose an elevated suicide risk.
    (f) Physical and Mental Health Assessment.--The Commissioner of CBP 
shall ensure that individuals in CBP custody for more than 24 hours, 
receive, in addition to the physical and mental health screening 
specified in subsection (b)(6), a physical and mental health assessment 
by a qualified healthcare professional. To the extent practicable, such 
individuals with known or readily apparent disabilities, including 
temporary disabilities, shall be housed in a manner that accommodates 
their mental or physical condition, or both, and provides for the 
safety, comfort, and security of such individuals.
    (g) Return of Certain Belongings.--Any lawful, nonperishable 
belongings of an individual in CBP custody that are confiscated by 
personnel operating under Federal authority shall be returned to such 
individual prior to the deportation or removal of such individual.
    (h) Inspection of Short-Term Custody Facilities.--Short-term 
custody facilities shall be inspected at least once every year by the 
Department of Homeland Security Office for Civil Rights and Civil 
Liberties, with the results made public without the need to submit a 
request under section 552 of title 5, United States Code.
    (i) Consultation.--The Secretary shall seek input from 
nongovernmental organizations regarding their independent opinion of 
specific facilities and permit regular access to nongovernmental 
organizations for human rights monitoring.
    (j) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall promulgate regulations to--
            (1) establish a publicly accessible online system to track 
        the location of individuals in CBP custody held in short-term 
        custody, and provide an online list of all locations with phone 
        numbers routinely used to hold individuals in short-term 
        custody;
            (2) improve the education of individuals in CBP custody 
        regarding administrative procedures and legal rights under 
        United States immigration law, in consultation with the 
        Executive Office for Immigration Review; and
            (3) ensure notification of the Office of Inspector General 
        and Department of Homeland Security Office for Civil Rights and 
        Civil Liberties within 48 hours of all instances in which--
                    (A) an individual in CBP custody has died, 
                including during transfer to another facility or while 
                being released; or
                    (B) an individual has died as the result of an 
                encounter with CBP.
    (k) Annual Reports.--Not later than 180 days after the date of the 
enactment of this Act and annually thereafter, the Secretary shall 
submit to Congress a report that details all instances in which an 
individual in CBP custody has died in the prior fiscal year, including 
during transfer to another facility or while being released, as well as 
all instances in which an individual has died as the result of an 
encounter with CBP, and the result of any subsequent investigation. 
Such reports shall also detail all instances in which an individual, 
including an individual in the custody of CBP, has suffered serious 
injuries requiring hospitalization as a result of the use of force by 
CBP.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Apprehended individual.--The term ``apprehended 
        individual'' means an individual apprehended by personnel of 
        the Department of Homeland Security or of a cooperating entity.
            (2) Border.--The term ``border'' means an international 
        border of the United States.
            (3) Child.--Except as otherwise specifically provided, the 
        term ``child'' has the meaning given such term in section 
        101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
        1101(b)(1)).
            (4) Cooperating entity.--The term ``cooperating entity'' 
        means a State or local entity acting pursuant to an agreement 
        with the Secretary.
            (5) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (6) Migration deterrence program.--The term ``migration 
        deterrence program'' means an action related to the 
        repatriation or referral for prosecution of one or more 
        apprehended individuals for a suspected or confirmed violation 
        of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
        by the Secretary or a cooperating entity.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (8) Unaccompanied alien child.--The term ``unaccompanied 
        alien child'' has the meaning given such term in section 462 of 
        the Homeland Security Act of 2002 (6 U.S.C. 279).
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