[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 541 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 541

     To limit the separation of families at or near ports of entry.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 14, 2019

  Mr. Nadler (for himself, Ms. Lofgren, Ms. Jayapal, Mr. Ted Lieu of 
  California, Mr. Panetta, Mr. Aguilar, Ms. Barragan, Ms. Bass, Mrs. 
Beatty, Mr. Bera, Mr. Beyer, Mr. Bishop of Georgia, Mr. Blumenauer, Ms. 
 Blunt Rochester, Ms. Bonamici, Mr. Brendan F. Boyle of Pennsylvania, 
  Mr. Brown of Maryland, Ms. Brownley of California, Mrs. Bustos, Mr. 
  Carbajal, Mr. Cardenas, Mr. Carson of Indiana, Mr. Cartwright, Ms. 
Castor of Florida, Mr. Castro of Texas, Ms. Judy Chu of California, Mr. 
Cicilline, Mr. Cisneros, Ms. Clark of Massachusetts, Ms. Clarke of New 
 York, Mr. Clay, Mr. Cohen, Mr. Connolly, Mr. Cooper, Mr. Correa, Mr. 
 Costa, Mr. Courtney, Mr. Cox of California, Mr. Crist, Mr. Crow, Mr. 
Cummings, Mr. Danny K. Davis of Illinois, Mrs. Davis of California, Ms. 
Dean, Mr. DeFazio, Ms. DeGette, Ms. DeLauro, Ms. DelBene, Mrs. Demings, 
  Mr. Deutch, Mrs. Dingell, Mr. Michael F. Doyle of Pennsylvania, Mr. 
 Engel, Ms. Escobar, Ms. Eshoo, Mr. Espaillat, Mr. Evans, Mr. Foster, 
 Ms. Frankel, Ms. Fudge, Ms. Gabbard, Mr. Gallego, Mr. Garamendi, Mr. 
  Garcia of Illinois, Ms. Garcia of Texas, Mr. Gomez, Mr. Gonzalez of 
    Texas, Mr. Grijalva, Ms. Haaland, Mr. Harder of California, Mr. 
 Hastings, Mrs. Hayes, Mr. Heck, Mr. Higgins of New York, Ms. Hill of 
California, Mr. Himes, Mr. Horsford, Mr. Huffman, Ms. Jackson Lee, Ms. 
Johnson of Texas, Mr. Johnson of Georgia, Ms. Kaptur, Mr. Keating, Ms. 
Kelly of Illinois, Mr. Kennedy, Mr. Khanna, Mr. Kildee, Mr. Kilmer, Mr. 
 Kind, Mr. Krishnamoorthi, Ms. Kuster of New Hampshire, Mr. Lamb, Mr. 
  Langevin, Mr. Larsen of Washington, Mr. Larson of Connecticut, Mrs. 
Lawrence, Mr. Lawson of Florida, Mr. Levin of Michigan, Mr. Lewis, Mr. 
  Lipinski, Mr. Loebsack, Mr. Lowenthal, Mrs. Lowey, Mr. Lujan, Mrs. 
Luria, Mr. Lynch, Mr. Malinowski, Mrs. Carolyn B. Maloney of New York, 
  Mr. Sean Patrick Maloney of New York, Ms. Matsui, Mr. McAdams, Ms. 
  McCollum, Mr. McEachin, Mr. McGovern, Mr. McNerney, Mr. Meeks, Ms. 
     Meng, Ms. Moore, Mr. Morelle, Mr. Moulton, Mrs. Murphy, Mrs. 
 Napolitano, Mr. Neguse, Mr. Norcross, Ms. Norton, Mr. O'Halleran, Ms. 
Omar, Mr. Pallone, Mr. Pascrell, Mr. Payne, Mr. Perlmutter, Mr. Peters, 
  Ms. Pingree, Ms. Plaskett, Mr. Pocan, Ms. Porter, Ms. Pressley, Mr. 
  Price of North Carolina, Mr. Quigley, Mr. Raskin, Miss Rice of New 
    York, Mr. Richmond, Mr. Rouda, Ms. Roybal-Allard, Mr. Ruiz, Mr. 
    Ruppersberger, Mr. Rush, Mr. Ryan, Mr. Sablan, Ms. Sanchez, Mr. 
 Sarbanes, Ms. Scanlon, Ms. Schakowsky, Mr. Schiff, Mr. Schneider, Mr. 
    Schrader, Ms. Schrier, Mr. David Scott of Georgia, Mr. Scott of 
Virginia, Mr. Serrano, Ms. Sewell of Alabama, Ms. Shalala, Mr. Sherman, 
   Mr. Sires, Mr. Smith of Washington, Mr. Soto, Ms. Spanberger, Ms. 
   Speier, Mr. Stanton, Mr. Suozzi, Mr. Swalwell of California, Mr. 
 Takano, Mr. Thompson of Mississippi, Mr. Thompson of California, Ms. 
Titus, Ms. Tlaib, Mr. Tonko, Mrs. Torres of California, Mr. Vargas, Mr. 
  Veasey, Mr. Vela, Ms. Velazquez, Ms. Wasserman Schultz, Mrs. Watson 
 Coleman, Mr. Welch, Ms. Wexton, Ms. Wild, Ms. Wilson of Florida, and 
 Mr. Yarmuth) 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 limit the separation of families at or near ports of entry.

    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 ``Keep Families Together Act''.

SEC. 2. LIMITATION ON THE SEPARATION OF FAMILIES.

    (a) In General.--An agent or officer of a designated agency shall 
be prohibited from removing a child from his or her parent or legal 
guardian, at or near the port of entry or within 100 miles of a border 
of the United States, unless one of the following has occurred:
            (1) A State court, authorized under State law, terminates 
        the rights of the parent or legal guardian, determines that it 
        is in the best interests of the child to be removed from the 
        parent or legal guardian, in accordance with the Adoption and 
        Safe Families Act of 1997 (Public Law 105-89), or makes any 
        similar determination that is legally authorized under State 
        law.
            (2) An official from the State or county child welfare 
        agency with expertise in child trauma and development makes a 
        best interests determination that it is in the best interests 
        of the child to be removed from the parent or legal guardian 
        because the child is in danger of abuse or neglect at the hands 
        of the parent or legal guardian, or is a danger to herself or 
        others.
            (3) The Chief Patrol Agent or the Area Port Director in 
        their official and undelegated capacity, authorizes separation 
        upon the recommendation by an agent or officer, based on a 
        finding that--
                    (A) the child is a victim of trafficking or is at 
                significant risk of becoming a victim of trafficking;
                    (B) there is a strong likelihood that the adult is 
                not the parent or legal guardian of the child; or
                    (C) the child is in danger of abuse or neglect at 
                the hands of the parent or legal guardian, or is a 
                danger to themselves or others,
        except that, in the case that a child is removed from his or 
        her parent or legal guardian under this section, an independent 
        child welfare expert licensed by the State or county in which 
        the child was so removed, authorizes the separation not later 
        than 48 hours after such removal, and if such expert does not 
        authorize such separation, the child shall be reunited with his 
        or her parent or legal guardian not later than 48 hours after 
        such determination.
    (b) Prohibition on Separation.--
            (1) In general.--A designated agency may not remove a child 
        from a parent or legal guardian solely for the policy goal of 
        deterring individuals from migrating to the United States or 
        for the policy goal of promoting compliance with civil 
        immigration laws.
            (2) Penalty for family separation.--Any person who 
        knowingly separates a child from his or her parent or legal 
        guardian in violation of this section, shall be fined not more 
        than $10,000.
    (c) Documentation Required.--The Secretary shall ensure that a 
separation under subsection (a)(3) is documented in writing and 
includes, at a minimum, the reason for such separation, together with 
the stated evidence for such separation.

SEC. 3. RECOMMENDATIONS FOR SEPARATION BY AGENTS OR OFFICERS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary, in consultation with the 
Secretary of Health and Human Services and with child welfare and child 
development professionals and organizations, shall develop training and 
guidance, with an emphasis on the best interests of the child, 
childhood trauma, attachment, and child development, for use by agents 
and officers of designated agencies, in order to standardize the 
implementation of section 2(a)(3).
    (b) Annual Review.--Not less frequently than annually, the 
Secretary of Health and Human Services shall review the guidance 
developed under subsection (a) and make recommendations to the 
Secretary to ensure such guidance is in accordance with current 
evidence and best practices in child welfare, child development, and 
childhood trauma.
    (c) Requirement.--The guidance under subsection (a) shall 
incorporate the presumptions described in section 4.
    (d) Additional Requirements.--
            (1) Evidence-based.--The guidance and training developed 
        under this section shall incorporate evidence-based practices.
            (2) Training required.--
                    (A) All agents and officers of designated agencies, 
                upon hire, and annually thereafter, shall complete 
                training on adherence to the guidance under this 
                section.
                    (B) All Chief Patrol Agents and Area Port 
                Directors, upon hire, and annually thereafter, shall 
                complete--
                            (i) training on adherence to the guidance 
                        under this section; and
                            (ii) 90 minutes of child welfare practice 
                        training that is evidence-based and trauma-
                        informed.

SEC. 4. PRESUMPTIONS.

    The presumptions described in this section are the following:
            (1) Family unity.--There shall be a strong presumption in 
        favor of family unity.
            (2) Siblings.--To the maximum extent practicable, the 
        Secretary shall ensure that sibling groups remain intact.
            (3) Detention.--In general, there is a presumption that 
        detention is not in the best interests of families and 
        children.

SEC. 5. REQUIRED POLICY FOR LOCATING SEPARATED CHILDREN.

    (a) In General.--Not later than 180 days after the after the date 
of the enactment of this Act, the Secretary shall publish final public 
guidance that describes, with specificity, the manner in which a parent 
or legal guardian may locate a child who was separated from the parent 
or legal guardian under section 2(a). In developing the public 
guidance, the Secretary shall consult with the Secretary of Health and 
Human Services, immigrant advocacy organizations, child welfare 
organizations, and State child welfare agencies.
    (b) Written Notification.--The Secretary shall provide each parent 
or legal guardian who was separated, with written notice of the public 
guidance to locate a separated child.
    (c) Language Access.--All guidance shall be available in English 
and Spanish, and at the request of the parent or legal guardian, either 
in the parent or legal guardian's native language or in another 
language the parent or legal guardian understands, and manner that is 
understandable by the parent or legal guardian.

SEC. 6. REQUIRED INFORMATION FOR SEPARATED FAMILIES.

    (a) In General.--Except as provided under subsection (c), the 
Secretary of Health and Human Services, in consultation with the heads 
of other designated agencies, on a weekly basis, shall provide the 
parent or legal guardian of a child who was separated, the following 
information, at a minimum:
            (1) A status report on the child's activities during the 
        prior week.
            (2) Information about the education and health of the 
        child, including any medical treatment provided to the child or 
        medical treatment recommended for the child.
            (3) Information about changes to the child's immigration 
        status.
            (4) Other information about the child, designed to promote 
        and maintain family reunification, as the Secretary of Health 
        and Human Services determines in his or her discretion.
    (b) Phone Communication.--Except as provided under subsection (c), 
the Secretary of Health and Human Services, in consultation with the 
heads of other designated agencies, on a weekly basis, shall provide 
the parent or legal guardian of a child who was separated with phone 
communication between the parent or legal guardian and his or her 
child.
    (c) Exception.--No information under subsection (a) or phone 
communication under subsection (b) shall be provided to a parent or 
legal guardian in the case that a qualified child welfare expert with 
care and custody of the child, a child's advocate, the child's legal 
representation, or the child him or herself concludes it is harmful or 
dangerous to the child to communicate with the parent or legal 
guardian.

SEC. 7. ANNUAL REPORT ON FAMILY SEPARATION.

    Not later than 180 days after the date of the enactment of this 
Act, and every 6 months thereafter, the Secretary, in consultation with 
the heads of other designated agencies, shall submit a report to the 
committees of jurisdiction, describing each instance in which a child 
was separated from a parent or legal guardian, including the following:
            (1) The relationship of the adult to the child.
            (2) The age and gender of the adult and child.
            (3) The length of separation.
            (4) Whether the adult was charged with a crime, and if the 
        adult was charged with a crime, the type of crime.
            (5) Whether the adult made a claim for asylum, expressed a 
        fear to return, or applied for other immigration relief.
            (6) Whether the adult was prosecuted if charged with a 
        crime and the associated outcome of such charges.
            (7) Whether a referral for investigation was made to a 
        child welfare or law enforcement agency when section 2(a)(3) 
        was the justification for separation.
            (8) The stated reason for, and evidence in support of, the 
        separation.
            (9) If the child was part of a sibling group at the time of 
        the separation, whether the group has had physical contact and 
        visitation.
            (10) Whether the child was rendered an unaccompanied alien 
        child.
            (11) Other information in the Secretary's discretion.

SEC. 8. CLARIFICATION OF PARENTAL RIGHTS.

    If a child is separated from a parent or legal guardian, and a 
State court has not made a determination that the parental rights have 
been terminated, there is a presumption that--
            (1) the parental rights remain intact; and
            (2) the separation does not constitute an affirmative 
        determination of abuse or neglect under Federal or State law.

SEC. 9. CLARIFICATION OF EXISTING LAW.

    (a) Federal Law.--Nothing in this Act shall be interpreted to 
supersede or modify Federal child welfare law, where applicable, 
including the Adoption and Safe Families Act of 1997 (Public Law 105-
89).
    (b) State Law.--Nothing in this Act shall be interpreted to 
supersede or modify State child welfare laws where applicable.

SEC. 10. LIMITATION ON THE PROSECUTION OF ASYLUM SEEKERS.

    (a) In General.--An alien who has expressed a credible or 
reasonable fear of persecution, filed an application for asylum or 
withholding of removal, or expressed an intent to file such an 
application, may not be prosecuted under section 275(a) or 276(a) of 
the Immigration and Nationality Act (8 U.S.C. 1325(a), 1326(a)) until 
the date on which any such application has been finally adjudicated, 
including any appeals thereto.
    (b) Affirmative Defense.--In the case that an alien is prosecuted 
under section 275(a) or 276(a) of the Immigration and Nationality Act 
(8 U.S.C. 1325(a), 1326(a)) in violation of subsection (a), it shall be 
a defense that the alien has expressed a credible or reasonable fear of 
persecution, filed an application for asylum or withholding of removal, 
or expressed an intent to file such an application, and that such 
application has not been finally adjudicated, including any appeals 
thereto.
    (c) Treaty Obligations.--In accordance with the treaty obligations 
of the United States under Article 31 of the United Nations Convention 
Relating to the Status of Refugees, no alien who has been granted 
asylum or withholding of removal in the United States may be prosecuted 
under section 275(a) or 276(a) of the Immigration and Nationality Act 
(8 U.S.C. 1325(a), 1326(a)).

SEC. 11. DEFINITIONS.

    In this Act:
            (1) Designated agency.--The term ``designated agency'' 
        means--
                    (A) the Department of Homeland Security;
                    (B) the Department of Justice; and
                    (C) the Department of Health and Human Services.
            (2) Agent or officer.--The term ``agent or officer'' 
        includes contractors of the Federal Government.
            (3) Child.--The term ``child'' means an individual who--
                    (A) has not reached the age of 18; and
                    (B) has no permanent immigration status.
            (4) Committees of jurisdiction.--The term ``committees of 
        jurisdiction'' means--
                    (A) the Committee on the Judiciary and the 
                Committee on Health, Education, Labor, and Pensions of 
                the Senate; and
                    (B) the Committee on the Judiciary and the 
                Committee on Education and Labor of the House of 
                Representatives.
            (5) Finding.--The term ``finding'' means an individualized 
        written assessment or screening formalized as required under 
        section 2(c), and consistent with sections 3, 4, and 8.
            (6) In danger of abuse or neglect at the hand of the parent 
        or legal guardian.--The term ``in danger of abuse or neglect at 
        the hands of the parent or legal guardian'' does not include 
        migrating to or crossing of a border of the United States.
            (7) Secretary.--Unless otherwise specified, the term 
        ``Secretary'' means the Secretary of Homeland Security.
                                 <all>