[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6692 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6692

 To require the Secretary of Homeland Security to use alternatives to 
 detention for certain vulnerable immigrant populations, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 31, 2018

Mr. Brown of Maryland (for himself and Mrs. Watson Coleman) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Homeland Security to use alternatives to 
 detention for certain vulnerable immigrant populations, 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 ``Alternatives to Detention Act of 
2018''.

SEC. 2. ALTERNATIVES TO DETAINING UNDOCUMENTED INDIVIDUALS.

    (a) In General.--The Secretary of Homeland Security shall establish 
programs that provide alternatives to detaining individuals under the 
immigration laws (as defined in section 101(a)(17) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(17))), whether such detention is 
pending a decision on whether the individual is to be removed from the 
United States or after the issuance of a removal order. The programs 
shall provide for a continuum of supervision mechanisms and options, 
including community-based supervision and community support. The 
Secretary may contract with nongovernmental community-based 
organizations to provide services under such programs, which may 
include case management services, appearance assistance services, and 
screenings of individuals who have been detained.
    (b) Determination of Vulnerable Population or Caregiver Status 
Required.--
            (1) In general.--Not later than 48 hours after taking an 
        individual described in subsection (a) into custody, the 
        Secretary or the immigration judge shall make a determination 
        whether an individual may participate in an alternatives to 
        detention program and determine the appropriate level of 
        supervision.
            (2) Special rule.--If the individual is member of a 
        vulnerable population described in subsection (c), is a parent 
        of a child under 18 years of age, or is dependent caregiver or 
        a family caregiver, the individual may not be detained and must 
        be placed in an alternatives to detention program that is a 
        community-based supervision program.
            (3) Exceptions.--Alternative to detention programs shall 
        not be used--
                    (A) for individuals detained under section 236A of 
                the Immigration and Nationality Act (8 U.S.C. 1226a); 
                or
                    (B) when release on bond or recognizance is 
                determined to be a sufficient measure to ensure 
                appearances at immigration proceedings and public 
                safety.
    (c) Vulnerable Population.--In determining whether to place a 
detainee in an alternatives to detention program, the Secretary shall 
consider whether the detainee--
            (1) is an asylum seeker or victim of torture or 
        trafficking;
            (2) has special religious, cultural, or spiritual 
        considerations;
            (3) is pregnant or nursing;
            (4) is under 21 years of age or older than 60 years of age;
            (5) identifies as gay, lesbian, bisexual, transgender, or 
        intersex;
            (6) is a victim or witness of a crime;
            (7) has a mental disorder or physical disability; or
            (8) has been determined by an immigration judge or the 
        Secretary of Homeland Security to be experiencing severe trauma 
        or to be a survivor of torture or gender-based violence, based 
        on information obtained during intake, from the individual's 
        attorney or legal services provider, or through credible self-
        reporting.
    (d) Coordinator of Alternatives to Detention and Family 
Reunification.--
            (1) In general.--The Secretary of Homeland Security shall 
        establish in the Department of Homeland Security the position 
        of Coordinator of Alternatives to Detention and Family 
        Reunification (``Coordinator''). The Coordinator shall be 
        selected by the President and shall be appointed by, and report 
        directly to, the Secretary. Subject to the availability of 
        appropriations, the Secretary shall make available to the 
        Coordinator such personnel, funds, and other resources as may 
        be appropriate to enable the Coordinator to carry out the 
        Coordinator's mission.
            (2) Mission and duties of coordinator.--
                    (A) Mission.--The Coordinator's mission shall be to 
                work with the Executive departments (as defined in 
                section 101 of title 5, United States Code) to 
                coordinate--
                            (i) the use of alternatives to detention 
                        programs; and
                            (ii) the reunification of parents with 
                        children separated from them by the Secretary 
                        at or near a port of entry into the United 
                        States, or within 100 miles of an international 
                        border of the United States.
                    (B) Duties of coordinator.--
                            (i) In general.--The Coordinator shall 
                        serve as the primary point of contact within 
                        the executive branch with the Congress, State 
                        and local governments, the private sector, and 
                        community leaders regarding the policies and 
                        programs described in clauses (i) and (ii) of 
                        subparagraph (A). Working with the input of the 
                        Executive departments, the Coordinator shall be 
                        responsible for managing information flow, 
                        requests for actions, and discussions regarding 
                        such policies and programs with the Congress, 
                        State and local governments, the private 
                        sector, and community leaders.
                            (ii) Report.--Not later than 30 days after 
                        the date of the appointment of the Coordinator, 
                        the Coordinator shall issue a report to the 
                        Congress on the status of--
                                    (I) detentions under the 
                                immigration laws (as defined in section 
                                101(a)(17) of the Immigration and 
                                Nationality Act (8 U.S.C. 1101(a)(17))) 
                                pending a decision on whether an 
                                individual is to be removed or after 
                                the issuance of a removal order; and
                                    (II) reunification of parents and 
                                children separated by the Secretary at 
                                or near a port of entry into the United 
                                States, or within 100 miles of an 
                                international border of the United 
                                States.
                    (C) Duties of executive departments.--The heads of 
                the Executive departments--
                            (i) shall respond promptly to any request 
                        by the Coordinator;
                            (ii) shall, consistent with applicable law, 
                        provide such information as the Coordinator 
                        deems necessary to carry out the Coordinator's 
                        mission; and
                            (iii) otherwise shall cooperate with the 
                        Coordinator to the greatest extent practicable 
                        to facilitate the performance of the 
                        Coordinator's mission.
            (3) Construction.--Nothing in this subsection shall be 
        construed to impair or otherwise affect--
                    (A) the authority granted by law to an Executive 
                department or the head thereof;
                    (B) the functions of the Director of the Office of 
                Management and Budget relating to budget, 
                administrative, or legislative proposals; or
                    (C) the chain of command over the Armed Forces 
                provided in section 162(b) of title 10, United States 
                Code.
            (4) Sunset.--This subsection shall cease to be effective on 
        the date that is 3 years after the date of the enactment of 
        this Act.
    (e) Parents and Other Caregivers.--For purposes of this section:
            (1) The term ``dependent caregiver'' means an individual 
        who lives with, and provides more than one-half of the 
        financial support required by, a family member who is--
                    (A) under 18 years of age; or
                    (B) unable to engage in substantial employment due 
                to a physical or mental health condition or disability.
            (2) The term ``family caregiver'' means an individual who 
        lives with, and provides more than one-half of the personal 
        care required by, a family member who is--
                    (A) under 18 years of age; or
                    (B) unable to engage in substantial employment due 
                to a physical or mental health condition or disability.
            (3) The term ``family member'', with respect to an 
        individual receiving personal care services or financial 
        support, means an individual who is--
                    (A) a parent;
                    (B) a spouse;
                    (C) a child;
                    (D) a step-family member; or
                    (E) an extended family member.
            (4) The term ``parent'' means--
                    (A) a biological or adoptive parent of a child, 
                whose parental rights have not been relinquished or 
                terminated under State law or the law of a foreign 
                country; or
                    (B) a legal guardian under State law or the law of 
                a foreign country.
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