[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2217 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 2217
To reduce the ability of U.S. Immigration and Customs Enforcement to
engage in inappropriate civil immigration enforcement actions that harm
unaccompanied alien children and to ensure the safety and welfare of
unaccompanied alien children.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2019
Ms. Wasserman Schultz (for herself, Ms. Omar, Ms. Norton, Ms.
Schakowsky, Ms. Jackson Lee, Mr. Blumenauer, Ms. Ocasio-Cortez, Ms.
Jayapal, Ms. Barragan, Mr. Aguilar, Mr. Carson of Indiana, Ms. Clarke
of New York, Mr. Cohen, Ms. DeLauro, Mr. Hastings, Mr. Nadler, Mr.
Price of North Carolina, Mr. Deutch, Mr. Serrano, Mr. Smith of
Washington, Ms. Wilson of Florida, Ms. Frankel, Ms. Bass, Mr. Ruiz, Mr.
DeSaulnier, Mrs. Carolyn B. Maloney of New York, Ms. Lofgren, and Mr.
Perlmutter) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Appropriations, 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 reduce the ability of U.S. Immigration and Customs Enforcement to
engage in inappropriate civil immigration enforcement actions that harm
unaccompanied alien children and to ensure the safety and welfare of
unaccompanied alien children.
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 ``Families, Not Facilities Act of
2019''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On May 13, 2018, a Memorandum of Agreement between U.S.
Immigration and Customs Enforcement, U.S. Customs and Border
Patrol of the Department of Homeland Security, and the Office
of Refugee Resettlement of the Department of Health and Human
Services went into effect to allow for intergovernmental
sharing of personal information about unaccompanied alien
children, their prospective sponsors, and adult members of
sponsor households.
(2) U.S. Immigration and Customs Enforcement is using
information obtained under the Memorandum of Agreement to
conduct civil immigration enforcement actions against
individuals residing in the homes of prospective sponsors of
unaccompanied alien children.
(3) These civil immigration enforcement actions have
discouraged prospective sponsors of unaccompanied alien
children, including family members, from coming forward to
resettle children in the community as they pursue lawful claims
for humanitarian protection.
(4) Onerous requirements for sponsors and raids carried out
by U.S. Immigration and Customs Enforcement of sponsor
households have discouraged qualified sponsors from coming
forward, leading to unprecedented numbers of unaccompanied
alien children (approximately 11,705 in March 2019) being held
in shelters overseen by the Office of Refugee Resettlement as
of the date of enactment of this Act.
(5) The Office of Refugee Resettlement is struggling to
accommodate the growing number of unaccompanied alien children
in its shelter network, resorting to placing children in
temporary ``emergency influx'' shelters. The Office contracted
with BCFS to care for more than 6,200 children between June
2018 and January 2019 in a temporary shelter at the Tornillo-
Guadalupe Land Port of Entry in Texas, a facility that the New
York Times and other media sources described as a ``tent
city'', and announced plans in January 2019 to nearly double
the number of children held in a previously closed temporary
shelter in Homestead, Florida.
(6) Temporary shelters are inappropriate locations to hold
unaccompanied alien children because such shelters--
(A) have reduced standards of care, including
insufficient educational services;
(B) offer limited access to clinical and legal
services; and
(C) are not cost-effective, resulting in the
expenditure of more than $750 per day in taxpayer funds
for each child housed in Tornillo shelter, for example.
(7) Facilities operated under a contract with the Office of
Refugee Resettlement have faced unacceptable allegations of
abuse and neglect of unaccompanied alien children that merit
additional investigation and oversight.
(8) The Office of Refugee Resettlement is legally required
to place children in the least restrictive setting that is in
the best interest of the child.
(9) Services offered at facilities funded by the Office of
Refugee Resettlement are required to include classroom
education, mental and medical health services, case management,
socialization and recreation activities, and family
reunification services that facilitate the safe and timely
release of unaccompanied alien children to family members or
other sponsors that can care for them.
(10) Providing legal and case management services to all
children while they are housed in a facility funded by the
Office of Refugee Resettlement and after their release from
such a facility is a cost-effective and humane way of ensuring
that the Office of Refugee Resettlement meets its statutory
obligation to place children in least restrictive settings.
SEC. 3. USE OF SPONSORSHIP INFORMATION.
(a) In General.--Section 235(c)(3) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(c)(3)) is amended--
(1) in subparagraph (A), by inserting ``In making such a
determination, the Secretary may not consider the immigration
status of the proposed custodian.'' after ``well-being.''; and
(2) by adding at the end the following:
``(D) Prohibiting use of certain information.--The
Secretary of Homeland Security may not use information
provided by an unaccompanied alien child or information
initially obtained by the Secretary of Health and Human
Services to make a suitability determination under
subparagraph (A), a home study determination under
subparagraph (B), or a secure facility determination
under paragraph (2)(A) for the purpose of apprehending,
detaining, or removing from the United States--
``(i) the unaccompanied alien child;
``(ii) the proposed custodian or current
custodian;
``(iii) a resident of the home in which the
proposed custodian or current custodian
resides;
``(iv) the proposed sponsor or current
sponsor; or
``(v) a resident of the home in which the
proposed sponsor or current sponsor resides.''.
(b) Rules of Construction.--
(1) Flores settlement agreement.--The amendments made by
subsection (a) may not be construed to supersede the terms of
the stipulated settlement agreement filed on January 17, 1997,
in the United States District Court for the Central District of
California in Flores v. Reno, CV 85-4544-RJK, (commonly known
as the ``Flores settlement agreement'').
(2) Child welfare.--The amendments made by subsection (a)
may not be construed to prevent the Secretary of Homeland
Security from using information obtained by the Secretary of
Health and Human Services to investigate or report to the
appropriate law enforcement agency or child welfare agency
instances of trafficking, abuse, or neglect.
SEC. 4. LIMITATION ON USE OF FUNDS FOR ENFORCEMENT, DETENTION, AND
REMOVAL OPERATIONS.
No Federal funds may be used by U.S. Immigration and Customs
Enforcement for any enforcement, detention, or removal activity that
violates section 235(c)(3) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008, as amended by section
3(a).
SEC. 5. TRANSFER OF U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT FUNDING.
Of the amount appropriated for fiscal year 2019 to U.S. Immigration
and Customs Enforcement for enforcement and removal operations--
(1) $30,000,000 shall be transferred to the Office of
Inspector General of the Department of Homeland Security to
investigate child separation and inspect detention facilities
overseen by U.S. Immigration and Customs Enforcement;
(2) $180,000,000 shall be transferred to the Office of
Refugee Resettlement to provide the post-release legal, case
management, and child advocate services described in section 6;
and
(3) $10,000,000 shall be transferred to the Administration
for Children and Families to bolster the efforts of the Task
Force to Prevent and End Human Trafficking.
SEC. 6. ENSURING THE SAFETY OF UNACCOMPANIED ALIEN CHILDREN.
(a) Defined Term.--In this section, the term ``post-release case
management services'' means services that--
(1) are provided by a social worker, employed by a
nonprofit entity, who meets with the child individually and
with the family to develop an individualized service plan; and
(2) allow children to successfully transition into their
communities by--
(A) assisting with school enrollment and
acculturation;
(B) locating medical and therapeutic services;
(C) making referrals to area legal services; and
(D) navigating new family settings and other
individual needs.
(b) Required Services.--The Office of Refugee Resettlement shall--
(1) provide post-release case management to all children
upon release or as the need arises for the duration of their
immigration proceedings; and
(2) facilitate efforts to connect every unaccompanied
child, including each child with a sponsor, with legal
representation for his or her immigration proceedings.
(c) The Office of Refugee Resettlement Advisory Committee on
Shelters for Unaccompanied Alien Children.--
(1) Establishment.--The Secretary of Health and Human
Services, in compliance with the Federal Advisory Committee Act
(5 U.S.C. App.), shall immediately establish the Advisory
Committee on Shelters for Unaccompanied Alien Children
(referred to in this subsection as the ``Advisory Committee'')
to advise the Office of Refugee Resettlement on matters
regarding shelters and placements for unaccompanied alien
children relating to education, immigration law, physical and
mental health, trauma-informed social work services, youth
shelter management, and immigration detention reform.
(2) Composition and term.--
(A) Appointment.--The Secretary shall appoint 14
individuals to serve on the Advisory Committee for 2-
year terms.
(B) Prerequisites.--
(i) In general.--Each member of the
Advisory Committee shall be employed by a
nonprofit entity in the field of--
(I) education;
(II) immigration law;
(III) physical and mental health of
children and youth;
(IV) trauma-informed child welfare
social work services;
(V) youth shelter management;
(VI) cultural competency; or
(VII) immigration detention reform.
(ii) Representation.--At least 2 members of
the Advisory Committee shall represent each of
the fields set forth in clause (i).
(3) Investigative authority.--
(A) Inspections.--Members of the Advisory Committee
may conduct unannounced inspections of all shelters
contracted with the Office of Refugee Resettlement to
hold unaccompanied alien children.
(B) Information sharing.--The Office of Refugee
Resettlement shall provide the Advisory Committee with
access to such materials as may be necessary to
effectively advocate for the best interest of children
in the custody of the Office of Refugee Resettlement,
subject to applicable statutes and regulations.
(4) Consultations.--The Advisory Committee shall consult
with, and receive recommendations from--
(A) the American Medical Association;
(B) the American Academy of Pediatrics;
(C) the National Association of Social Workers;
(D) the American Bar Association Center on Children
and the Law;
(E) the American Immigration Lawyers Association;
and
(F) other medical, child welfare, and legal
experts.
(5) Reports.--
(A) Interim report.--Not later than 6 months after
the establishment of the Advisory Committee under
paragraph (1), the Advisory Committee shall release to
the public an interim report outlining the Advisory
Committee's investigations and recommendations
regarding Office of Refugee Resettlement shelters for
unaccompanied alien children and submit such report
to--
(i) the Secretary of Health and Human
Services;
(ii) the Committee on Health, Education,
Labor, and Pensions of the Senate;
(iii) the Committee on Homeland Security
and Governmental Affairs of the Senate;
(iv) the Committee on the Judiciary of the
Senate;
(v) the Committee on Energy and Commerce of
the House of Representatives;
(vi) the Committee on Oversight and Reform
of the House of Representatives; and
(vii) the Committee on the Judiciary of the
House of Representatives.
(B) Final report.--Not later than 1 year after the
establishment of the Advisory Committee under paragraph
(1), the Advisory Committee shall release to the
public, and submit to the recipients of the interim
report under subparagraph (A), a final report that
outlines the Advisory Committee's investigations and
recommendations regarding Office of Refugee
Resettlement shelters for unaccompanied alien children.
(6) Savings provision.--Nothing in this subsection may be
construed to preempt any Federal agency from investigating
allegations of mistreatment and abuse of unaccompanied alien
children in facilities overseen by the Department of Health and
Human Services.
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