[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2113 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2113

To protect the health and safety of children in immigration detention, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2019

Mr. Merkley (for himself, Mr. Schumer, Mrs. Feinstein, Mr. Durbin, Mrs. 
Murray, Ms. Hirono, Mr. Coons, Ms. Klobuchar, Mr. Leahy, Ms. Cantwell, 
  Mr. Reed, Mr. Bennet, Ms. Baldwin, Mr. Sanders, Mr. Van Hollen, Ms. 
  Warren, Mr. Menendez, Mr. Cardin, Mr. Wyden, Mr. Schatz, Ms. Cortez 
  Masto, Mr. Whitehouse, Ms. Rosen, Mr. Blumenthal, Mr. Markey, Mrs. 
    Gillibrand, Mr. Warner, Mr. Kaine, Ms. Harris, Mr. Murphy, Ms. 
Duckworth, Ms. Hassan, Ms. Smith, Mrs. Shaheen, Mr. Booker, Mr. Casey, 
   Mr. King, Ms. Stabenow, Mr. Brown, and Mr. Carper) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To protect the health and safety of children in immigration detention, 
                        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; PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Stop Cruelty to 
Migrant Children Act''.
    (b) Purpose.--The purpose of this Act is to reaffirm that--
            (1) the Federal Government is responsible for the health, 
        safety, and well-being of children and families in the custody 
        of the Federal Government;
            (2) children and families should only be in the custody of 
        the Federal Government for as little time as possible; and
            (3) during any period in which children or families are in 
        the custody of the Federal Government--
                    (A) they should be treated with dignity, respect, 
                and care; and
                    (B) every effort should be made to minimize trauma, 
                isolation, and conditions resembling prison.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Alien.--The term ``alien'' has the meaning given the 
        term in section 101(a) of the Immigration and Nationality Act 
        (8 U.S.C. 1101(a)).
            (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Appropriations, the Committee 
                on Homeland Security and Governmental Affairs, the 
                Committee on Health, Education, Labor, and Pensions, 
                and the Committee on the Judiciary of the Senate; and
                    (B) the Committee on Appropriations, the Committee 
                on Homeland Security, the Committee on Education and 
                Labor, and the Committee on the Judiciary of the House 
                of Representatives.
            (3) Child.--The term ``child'' means an individual who--
                    (A) has not attained 18 years of age; and
                    (B) does not have permanent immigration status in 
                the United States.
            (4) Detained individual.--The term ``detained individual'' 
        means any individual, including an unaccompanied alien child, 
        held in immigration detention under the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.).
            (5) Influx.--The term ``influx'' means a period during 
        which--
                    (A) not less than 95 percent of the available beds 
                in permanent shelters for unaccompanied alien children 
                are occupied; and
                    (B) the average length of care for unaccompanied 
                alien children in custody of the Secretary of Health 
                and Human Services exceeds 35 days.
            (6) Influx care facility.--The term ``influx care 
        facility'' means an Office of Refugee Resettlement facility 
        that is operated to provide temporary emergency shelter and 
        services for unaccompanied alien children during an influx or 
        emergency.
            (7) Office of refugee resettlement facility.--The term 
        ``Office of Refugee Resettlement facility'' means any facility 
        at which unaccompanied alien children are in the care and 
        custody of the Secretary of Health and Human Services.
            (8) Standard care facility.--The term ``standard care 
        facility'' means an Office of Refugee Resettlement facility--
                    (A) that provides residential care for 
                unaccompanied alien children; and
                    (B) at which all programmatic components are 
                administered onsite and in the least restrictive 
                environment.
            (9) Unaccompanied alien child.--The term ``unaccompanied 
        alien child'' has the meaning given the term in section 462(g) 
        of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

SEC. 3. ENSURING THAT FAMILIES REMAIN TOGETHER.

    (a) Limitation on the Separation of Families.--
            (1) In general.--An agent or officer of U.S. Customs and 
        Border Protection shall not remove a child from his or her 
        parent or legal guardian at or near a port of entry or within 
        100 miles of the border of the United States unless one of the 
        following situations has occurred:
                    (A) A State court, authorized under State law--
                            (i) terminates the rights of the parent or 
                        legal guardian;
                            (ii) 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
                            (iii) makes any similar determination that 
                        is legally authorized under State law.
                    (B) An official from the State or county child 
                welfare agency with expertise in child trauma and 
                development determines that it is in the best interests 
                of the child to be removed from the parent or legal 
                guardian because the child is--
                            (i) in danger of abuse or neglect at the 
                        hands of the parent or legal guardian; or
                            (ii) a danger to himself or herself or to 
                        others.
                    (C) The Chief Patrol Agent or the Area Port 
                Director, in his or her official and undelegated 
                capacity, authorizes separation, on the recommendation 
                by an agent or officer of U.S. Customs and Border 
                Protection, based on a finding that--
                            (i) the child is a victim of trafficking or 
                        is at significant risk of becoming a victim of 
                        trafficking;
                            (ii) there is a strong likelihood that the 
                        adult is not the parent or legal guardian of 
                        the child; or
                            (iii) the child is in danger of abuse or 
                        neglect at the hands of the parent or legal 
                        guardian, or is a danger to himself or herself 
                        or to others.
            (2) Prohibition on separation.--A Federal agency may not 
        remove a child from a parent or legal guardian solely for the 
        policy goal of--
                    (A) deterring individuals from migrating to the 
                United States; or
                    (B) promoting compliance with civil immigration 
                law.
            (3) Documentation required.--The Secretary shall ensure 
        that a separation based on a situation described in paragraph 
        (1)(C)--
                    (A) is documented in writing; and
                    (B) includes--
                            (i) the reason for such separation; and
                            (ii) the stated evidence for such 
                        separation.
    (b) Recommendations for Separation by Agents or Officers.--
            (1) 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, shall develop 
        training and guidance, with an emphasis on the best interests 
        of the child, on childhood trauma, attachment, and child 
        development, for use by the agents and officers of U.S. Customs 
        and Border Protection, so as to standardize separations 
        authorized under subsection (a)(1)(C).
            (2) Annual review.--Not less frequently than annually, the 
        Secretary of Health and Human Services shall--
                    (A) review the guidance developed under paragraph 
                (1); and
                    (B) make recommendations to the Secretary to ensure 
                that such guidance conforms to current evidence and 
                best practices in child welfare, child development, and 
                childhood trauma.
            (3) Requirement.--The guidance developed under paragraph 
        (1) shall incorporate the presumptions described in subsection 
        (c).
            (4) Additional requirements.--
                    (A) Evidence-based.--The guidance and training 
                developed under this subsection shall incorporate 
                evidence-based practices.
                    (B) Training required.--
                            (i) Initial training.--All agents and 
                        officers of U.S. Customs and Border Protection, 
                        on hire, and annually thereafter, shall 
                        complete training on adherence to the guidance 
                        developed under this subsection.
                            (ii) Annual training.--All Chief Patrol 
                        Agents and Area Port Directors, on hire, and 
                        annually thereafter, shall complete--
                                    (I) training on adherence to the 
                                guidance developed under this 
                                subsection; and
                                    (II) 90 minutes of child welfare 
                                practice training that is evidence-
                                based and trauma-informed.
    (c) Presumptions.--The presumptions described in this subsection 
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.--There is a presumption that detention is 
        not in the best interests of families and children.
    (d) Required Policy for Locating Separated Children.--
            (1) In general.--Not later than 180 days 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 subsection 
        (a)(1).
            (2) Consultation.--In developing such 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.
            (3) Written notification.--The Secretary shall provide each 
        parent or legal guardian who was separated from a child under 
        subsection (a)(1) with written notice of such public guidance.
            (4) Language access.--Such public guidance shall be--
                    (A) available in English and Spanish; and
                    (B) at the request of the parent or legal guardian, 
                made available in the language or manner that is 
                understandable by the parent or legal guardian.
    (e) Required Information for Separated Families.--Not less 
frequently than monthly, the Secretary shall provide the parent or 
legal guardian of a child who was separated--
            (1) a status report on the monthly activities of the child;
            (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 immigration status of 
        the child; and
            (4) any other information about the child, designed to 
        promote and maintain family reunification, as the Secretary 
        determines in his or her discretion.
    (f) Annual Report on Family Separation.--Not later than one year 
after the date of the enactment of this Act, and annually thereafter, 
the Secretary shall submit a report to the committees of jurisdiction 
that--
            (1) describes each instance in which a child was separated 
        from a parent or legal guardian; and
            (2) includes, for each such instance--
                    (A) the relationship of the adult and the child;
                    (B) the age and gender of the adult and child;
                    (C) the length of separation;
                    (D) whether the adult was charged with a crime, and 
                if the adult was charged with a crime, the type of 
                crime;
                    (E) whether the adult made a claim for asylum, 
                expressed a fear to return, or applied for other 
                immigration relief;
                    (F) whether the adult was prosecuted if charged 
                with a crime and the associated outcome of such 
                charges;
                    (G) the stated reason for, and evidence in support 
                of, the separation;
                    (H) if the child was part of a sibling group at the 
                time of separation, whether the sibling group has had 
                physical contact and visitation;
                    (I) whether the child was rendered an unaccompanied 
                alien child; and
                    (J) any other information, as determined by the 
                Secretary.
    (g) 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.
    (h) Clarification of Existing Law.--
            (1) Federal law.--Nothing in this section may be 
        interpreted to supersede or modify Federal child welfare law, 
        as applicable, including the Adoption and Safe Families Act of 
        1997 (Public Law 105-89).
            (2) State law.--Nothing in this section may be interpreted 
        to supersede or modify any State child welfare law.
    (i) GAO Report on Prosecution of Asylum Seekers.--
            (1) Study.--The Comptroller General of the United States 
        shall conduct a study on the prosecution of asylum seekers 
        during the ten-year period ending on the date of the enactment 
        of this Act.
            (2) Elements.--The study conducted under paragraph (1) 
        shall include the following:
                    (A) The total number of persons who claimed fear of 
                persecution, received a favorable credible fear 
                determination, and were referred for prosecution.
                    (B) An overview and analysis of the metrics used by 
                the Department of Homeland Security and the Department 
                of Justice to track the number of asylum seekers 
                referred for prosecution.
                    (C) The total number of asylum seekers referred for 
                prosecution, a breakdown and description of the 
                criminal charges filed against asylum seekers during 
                such period, and a breakdown and description of the 
                convictions secured.
                    (D) The total number of asylum seekers who were 
                separated from their children as a result of being 
                referred for prosecution.
                    (E) A description of--
                            (i) the amounts spent on prosecuting asylum 
                        seekers during such period;
                            (ii) the diversion of resources required to 
                        prosecute asylum seekers; and
                            (iii) any costs imposed on States and 
                        localities.
                    (F) The total number of asylum seekers who--
                            (i) were referred for prosecution; and
                            (ii) were subject to immigration 
                        proceedings.
                    (G) The total number of asylum seekers referred for 
                prosecution who were deported before going through 
                immigration proceedings.
            (3) Report.--Not later than one year after the date of the 
        enactment of this Act, the Comptroller General shall submit a 
        report to Congress that describes the results of the study 
        conducted under paragraph (1).
    (j) Definitions.--In this section:
            (1) Agent; officer.--The terms ``agent'' and ``officer'' 
        include contractors of the Federal Government.
            (2) 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.
            (3) Danger of abuse or neglect at the hands of the parent 
        or legal guardian.--The term ``danger of abuse or neglect at 
        the hands of the parent or legal guardian'' shall not mean 
        migrating to or crossing the United States border.
            (4) Finding.--The term ``finding'' means an individualized 
        written assessment or screening by the trained agent or officer 
        that includes a consultation with, and concurrence from, a 
        child welfare specialist, formalized as required under 
        subsection (a)(3) and consistent with subsections (b), (c), and 
        (g).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 4. HEALTH AND SAFETY PROTECTIONS FOR DETAINED CHILDREN.

    (a) Flores Settlement Agreement.--
            (1) In general.--A family unit may be detained only in 
        accordance with the holding in Flores v. Sessions et al. (9th 
        Cir. July 5, 2017; C.D. CA; July 24, 2015) and the stipulated 
        settlement agreement as filed in the United States District 
        Court for the Central District of California on January 17, 
        1997 (CV 85 4544 RJK), including all subsequent court decisions 
        and interpretations (referred to in this section as the 
        ``Flores settlement agreement'').
            (2) Rulemaking.--Any regulation proposed or promulgated to 
        supersede the Flores settlement agreement shall have no force 
        or effect.
            (3) Rule of construction.--Nothing in this Act may be 
        construed--
                    (A) to affect the application of the Flores 
                settlement agreement to unaccompanied alien children; 
                or
                    (B) to abrogate the Flores settlement agreement.
            (4) Review of detention determinations.--The review of any 
        determination by the Secretary of Homeland Security to detain 
        an individual or a family unit under this subsection shall be 
        in accordance with all other provisions of law, holdings 
        (including any holding made in Flores v. Sessions et al. (9th 
        Cir. July 5, 2017; C.D. CA; July 24, 2015)), consent decrees, 
        and settlement agreements (including the Flores settlement 
        agreement).
    (b) Prompt Medical Assessments for Detained Children.--
            (1) Body temperature check on intake.--With respect to a 
        child in the custody of the Secretary of Homeland Security, not 
        later than one hour after the time at which the initial intake 
        of such child is completed, the Secretary of Homeland Security 
        shall ensure that the child receives a body temperature check.
            (2) Medical evaluation by medical professional with 
        pediatric training.--Not later than 48 hours after the time at 
        which a child is taken into the custody of the Secretary of 
        Homeland Security, the Secretary shall ensure that the child 
        receives a medical evaluation by a medical professional with 
        specialized pediatric training--
                    (A) to determine whether the child has any health 
                or safety concerns; and
                    (B) that includes a measurement of all vital signs 
                and a body temperature check.
            (3) Specialized training for public health service 
        commissioned corps.--The Secretary of Homeland Security shall 
        enter into a memorandum of understanding with the Public Health 
        Service Commissioned Corps and the Secretary of Health and 
        Human Services to provide specialized training relating to 
        migration for the Public Health Service Commissioned Corps to 
        support deployment at Office of Refugee Resettlement facilities 
        and U.S. Customs and Border Protection facilities during any 
        period in which high numbers of unaccompanied alien children 
        and families arrive at the Southern border.
    (c) Detention Standards for U.S. Customs and Border Protection 
Facilities.--With respect to any U.S. Customs and Border Protection 
facility, the Secretary of Homeland Security shall ensure that--
            (1) the facility--
                    (A) complies with the standards of the U.S. Customs 
                and Border Protection entitled ``National Standards on 
                Transport, Escort, Detention, and Search'' issued in 
                October 2015;
                    (B) remains at an appropriate temperature;
                    (C) is properly ventilated;
                    (D) has adequate supervision and other safeguards 
                to protect detained children from other detained 
                individuals; and
                    (E) has a child welfare specialist on staff, or has 
                prompt access to a child welfare specialist, for 
                purposes of making a finding under section 3(a)(1)(C);
            (2) each detained individual is provided--
                    (A) not fewer than three healthy and nutritious 
                meals daily, in accordance with the most recent dietary 
                guidelines of the Department of Agriculture, that--
                            (i) in the case of an adult who is not 
                        pregnant or breastfeeding, provide a total of 
                        not fewer than 2,000 calories; or
                            (ii) in the case of a detained child or an 
                        individual who is pregnant or breastfeeding, 
                        meet, as applicable--
                                    (I) the nutrition standards for the 
                                school lunch program authorized under 
                                the Richard B. Russell National School 
                                Lunch Act (42 U.S.C. 1751 et seq.) and 
                                the school breakfast program 
                                established by section 4 of the Child 
                                Nutrition Act of 1966 (42 U.S.C. 1773); 
                                or
                                    (II) the nutrition standards 
                                established under the special 
                                supplemental nutrition program for 
                                women, infants, and children 
                                established by section 17 of the Child 
                                Nutrition Act of 1966 (42 U.S.C. 1786);
                    (B) not less than 1 gallon of clean drinking water 
                daily, including age-appropriate liquids;
                    (C) regular access to hygiene products, including--
                            (i) soap;
                            (ii) a toothbrush and toothpaste;
                            (iii) not fewer than one full change of 
                        clothing;
                            (iv) a towel;
                            (v) toilet paper;
                            (vi) feminine hygiene products, as 
                        applicable;
                            (vii) prenatal vitamins, as applicable; and
                            (viii) diaper changing materials, as 
                        applicable, including--
                                    (I) a clean diaper changing 
                                station;
                                    (II) diapers in the appropriate 
                                size;
                                    (III) diaper rash ointment;
                                    (IV) baby wipes; and
                                    (V) diaper disposal receptacles;
                    (D) regular access to showers, sinks, and toilets; 
                and
                    (E) an opportunity to contact any family member 
                with whom the detained individual was apprehended; and
            (3) in the case of a detained individual the prescription 
        medication of whom is confiscated on apprehension, not later 
        than six hours after the time at which the detained individual 
        arrives at a U.S. Customs and Border Protection facility, a 
        medical professional, or in the case of a child, a medical 
        professional with pediatric training reviews such confiscation 
        and makes a determination whether the medication shall be--
                    (A) kept by the detained individual in his or her 
                possession for regular use during detention;
                    (B) properly stored by U.S. Customs and Border 
                Protection officials, with appropriate access for 
                regular use by the detained individual during 
                detention; or
                    (C) stored with the personal property of the 
                detained individual.
    (d) Detention Standards for U.S. Immigration and Customs 
Enforcement.--The Secretary of Homeland Security shall ensure the full 
compliance of each U.S. Immigration and Customs Enforcement detention 
system facility, including each contract facility and each local or 
county jail operating under an intergovernmental service agreement, 
with, at a minimum, the standards of U.S. Immigration and Customs 
Enforcement entitled ``Performance-Based National Detention Standards 
2011'', as revised in December 2016.
    (e) Care and Custody Standards for Office of Refugee Resettlement 
Facilities.--
            (1) New contracts.--On the maturation of any existing 
        contract to house unaccompanied alien children, the Secretary 
        of Health and Human Services may only offer to extend or enter 
        into a new contract or cooperative agreement for the housing of 
        unaccompanied alien children with one or more nonprofit 
        entities that are--
                    (A) licensed by the applicable State; and
                    (B) in compliance with Exhibit 1 of the Flores 
                settlement agreement, regardless of the status of the 
                underlying Flores settlement agreement.
            (2) Prioritization of small facilities.--The Secretary of 
        Health and Human Services shall prioritize the use of standard 
        care facilities and influx care facilities that house not more 
        than 100 unaccompanied alien children.
            (3) Limitations on use of influx care facilities.--
                    (A) Length of care exceeding 35 days.--
                            (i) In general.--In the case of an influx, 
                        the Secretary of Health and Human Services may 
                        not house one or more unaccompanied alien 
                        children in an influx care facility for more 
                        than 30 days.
                            (ii) Daily reports.--
                                    (I) In general.--Not less 
                                frequently than daily during an influx 
                                in which one or more unaccompanied 
                                alien children are housed in an influx 
                                care facility, the Secretary of Health 
                                and Human Services shall submit to the 
                                appropriate committees of Congress a 
                                daily report on efforts to reduce the 
                                average length of care of unaccompanied 
                                alien children in the custody of the 
                                Secretary of Health and Human Services.
                                    (II) Matters to be included.--Each 
                                report under subclause (I) shall 
                                include the following:
                                            (aa) A detailed description 
                                        of any proposed--

                                                    (AA) policy with 
                                                respect to the care of 
                                                unaccompanied alien 
                                                children; and

                                                    (BB) staffing 
                                                increase at an influx 
                                                care facility.

                                            (bb) With respect to the 
                                        influx, the mean and median 
                                        number of days between--

                                                    (AA) the date on 
                                                which a family 
                                                reunification 
                                                application is 
                                                submitted for an 
                                                unaccompanied alien 
                                                child; and

                                                    (BB) the date on 
                                                which the Secretary of 
                                                Health and Human 
                                                Services issues a 
                                                decision on such 
                                                application.

                                            (cc) The total number of 
                                        such applications granted.
                                            (dd) The total number of 
                                        such applications denied.
                                            (ee) A description of any 
                                        action considered but not taken 
                                        with respect to the care and 
                                        custody of unaccompanied alien 
                                        children as a result of a 
                                        conflict with Federal or State 
                                        law.
                    (B) Transfer.--The Secretary of Health and Human 
                Services may transfer an unaccompanied alien child from 
                a State-licensed standard care facility to an influx 
                care facility solely for the purpose of--
                            (i) family reunification; or
                            (ii) placement with a sponsor that shall 
                        occur not later than 14 days after the date on 
                        which the unaccompanied alien child is 
                        transferred.

SEC. 5. RELEASE OF FAMILIES AND UNACCOMPANIED ALIEN CHILDREN FROM 
              DETENTION.

    (a) Staff-to-Child Ratios for Office of Refugee Resettlement 
Facilities.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of Health and Human 
        Services, in collaboration with the Comptroller General of the 
        United States, shall develop standards for recommended staff-
        to-child ratios for Federal field specialists and third-party 
        case review coordinators at Office of Refugee Resettlement 
        facilities.
            (2) Interim standard.--Beginning on the date of the 
        enactment of this Act and ending on the date on which the 
        standards under paragraph (1) are implemented, the Secretary of 
        Health and Human Services shall ensure that any standard care 
        facility or influx care facility for unaccompanied alien 
        children maintains a staff-to-child ratio of not fewer than--
                    (A) one Federal field specialist for every 50 
                unaccompanied alien children; and
                    (B) one third-party case review coordinator for 
                every 50 unaccompanied alien children.
            (3) Case load limitation.--The Secretary of Health and 
        Human Services shall establish a maximum case load for each 
        case manager at an Office of Refugee Resettlement facility that 
        is not greater than the lesser of--
                    (A) five new unaccompanied alien children cases and 
                a total of not more than eight active cases each month; 
                or
                    (B) the maximum number of children, as required 
                under applicable State law.
            (4) Supplemental funds.--The Secretary of Health and Human 
        Services shall authorize supplemental funds--
                    (A) to provide overtime compensation for case 
                managers at Office of Refugee Resettlement facilities 
                for extended work hours and work days during an influx; 
                and
                    (B) to hire additional staff to carry out home 
                study services relating to the placement of 
                unaccompanied alien children with sponsors on release 
                from custody.
    (b) Rescission of Information-Sharing Agreement Relating to 
Sponsors of Unaccompanied Alien Children.--The Secretary of Health and 
Human Services and the Secretary of Homeland Security shall rescind the 
memorandum of agreement entitled ``Memorandum of Agreement Among the 
Office of Refugee Resettlement of the U.S. Department of Health and 
Human Services and U.S. Immigration and Customs Enforcement and U.S. 
Customs and Border Protection of the U.S. Department of Homeland 
Security Regarding Consultation and Information Sharing in 
Unaccompanied Alien Children Matters'' dated April 13, 2018.
    (c) Expansion of Family Case Management Program.--
            (1) In general.--The Secretary of Homeland Security shall 
        provide to the alternatives to detention division of U.S. 
        Immigration and Customs Enforcement, including the Family Case 
        Management Program, sufficient funds to cover the costs of each 
        individual who--
                    (A) has a pending immigration proceeding; and
                    (B) is not subject to detention under subsection 
                (d).
            (2) Contracts authorized.--The Director of U.S. Immigration 
        and Customs Enforcement shall offer to enter into one or more 
        contracts with one or more nonprofit service providers that, to 
        the maximum extent practicable, have the capacity to provide 
        evidence-based services required to operate an alternatives to 
        detention program for the least restrictive setting.
            (3) Prioritization.--The Secretary of Homeland Security 
        shall ensure that any expenditure for the Family Case 
        Management Program is prioritized over any other expenditure 
        from the Alternatives to Detention account.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this subsection.
    (d) Immigration Detention Priorities.--
            (1) In general.--The Director of U.S. Immigration and 
        Customs Enforcement shall prioritize the limited resources of 
        U.S. Immigration and Customs Enforcement to detain aliens who 
        pose--
                    (A) a threat to national security or public safety; 
                or
                    (B) a risk of flight that cannot be mitigated by an 
                alternative to detention.
            (2) Presumption.--Except in extraordinary circumstances, 
        such as a circumstance in which an alien is known to be a 
        member of a terrorist organization or a transnational criminal 
        organization, an alien shall not be detained if--
                    (A) the alien--
                            (i) is known to suffer from a serious 
                        physical or mental illness;
                            (ii) has a disability;
                            (iii) is elderly;
                            (iv) is pregnant or breastfeeding;
                            (v) is under 18 years of age; or
                            (vi) demonstrates that the alien is the 
                        primary caregiver of--
                                    (I) a person under 18 years of age; 
                                or
                                    (II) an infirm person; or
                    (B) the detention of the alien is otherwise not in 
                the public interest.

SEC. 6. IMPROVEMENTS TO ASYLUM PROCEDURE.

    (a) Statement of Policy on Child Asylum Seekers.--It shall be the 
policy of the United States that no child may be delayed or prevented 
from crossing the Southern border at a port of entry for the purpose of 
applying for asylum or any other applicable legal immigration status.
    (b) Nonadversarial Asylum Processing for Children.--The Secretary 
of Homeland Security shall rescind the memorandum of the U.S. 
Citizenship and Immigration Services entitled ``Updated Procedures for 
Asylum Applications Filed by Unaccompanied Alien Children'', issued May 
31, 2019.
    (c) Modification of Term ``Asylum Officer'' To Exclude Officers of 
U.S. Customs and Border Protection.--Section 235(b)(1)(E) of the 
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(E)) is amended--
            (1) in clause (i), by striking ``, and'' and inserting a 
        semicolon;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(iii) is employed by the Refugee, Asylum, 
                        and International Operations Directorate of the 
                        U.S. Citizenship and Immigration Services.''.
    (d) Improving Immigration Court Efficiency and Reducing Costs by 
Increasing Access to Legal Information.--
            (1) Appointment of counsel in removal proceedings; right to 
        review certain documents in removal proceedings.--Section 
        240(b) of the Immigration and Nationality Act (8 U.S.C. 
        1229a(b)) is amended--
                    (A) in paragraph (4)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``, at no expense 
                                to the Government,''; and
                                    (II) by striking the comma at the 
                                end and inserting a semicolon;
                            (ii) by redesignating subparagraphs (B) and 
                        (C) as subparagraphs (D) and (E), respectively;
                            (iii) by inserting after subparagraph (A) 
                        the following:
                    ``(B) the Attorney General may appoint or provide 
                counsel, at Government expense, to aliens in 
                immigration proceedings;
                    ``(C) the alien, or the alien's counsel, not later 
                than 7 days after receiving a notice to appear under 
                section 239(a), shall receive a complete copy of the 
                alien's immigration file (commonly known as an `A-
                file') in the possession of the Department of Homeland 
                Security (other than documents protected from 
                disclosure under section 552(b) of title 5, United 
                States Code);''; and
                            (iv) in subparagraph (D), as redesignated, 
                        by striking ``this Act, and'' and inserting 
                        ``this Act; and''; and
            (2) by adding at the end the following:
            ``(8) Failure to provide alien required documents.--A 
        removal proceeding may not proceed until the alien, or in the 
        case of an alien who is represented by counsel, the alien's 
        counsel--
                    ``(A) has received the documents required under 
                paragraph (4)(C); and
                    ``(B) has been provided at least 10 days to review 
                and assess such documents.''.
    (e) Nonprofit Respite Centers.--Section 313 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11343) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) to provide assistance to State and local governments 
        and local nonprofit organizations that serve aliens (as defined 
        in section 101(a) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a))) released from the custody of the Secretary of 
        Homeland Security to address the needs of communities that 
        experience the arrival of a high number of asylum seekers.''; 
        and
            (2) by adding at the end the following:
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Director to award grants to the National Board to 
carry out subsection (a)(4) $100,000,000 for fiscal year 2019 and each 
fiscal year thereafter.''.

SEC. 7. ACCESS BY COUNSEL AT DETENTION FACILITIES.

    (a) In General.--The Secretary of Homeland Security shall provide 
access to counsel for all aliens detained in a facility under the 
supervision of U.S. Immigration and Customs Enforcement, U.S. Customs 
and Border Protection, or the Department of Health and Human Services, 
or in any private facility that contracts with the Federal Government 
to house, detain, or hold aliens.
    (b) Authorization of Appropriations for Legal Orientation 
Program.--There is authorized to be appropriated to carry out the Legal 
Orientation Program of the Executive Office for Immigration Review 
$55,000,000 for fiscal year 2019 and each fiscal year thereafter.
    (c) Clarification Regarding the Authority of the Attorney General 
To Appoint Counsel to Aliens in Immigration Proceedings.--
            (1) In general.--Section 292 of the Immigration and 
        Nationality Act (8 U.S.C. 1362) is amended to read as follows:

``SEC. 292. RIGHT TO COUNSEL.

    ``(a) In General.--Except as provided in subsections (b) and (c), 
in any removal proceeding and in any appeal proceeding before the 
Attorney General from any such removal proceeding, the subject of the 
proceeding shall have the privilege of being represented by such 
counsel as may be authorized to practice in such proceeding as he or 
she may choose. This subsection shall not apply to screening 
proceedings described in section 235(b)(1)(A).
    ``(b) Access to Counsel for Unaccompanied Alien Children.--
            ``(1) In general.--In any removal proceeding and in any 
        appeal proceeding before the Attorney General from any such 
        removal proceeding, an unaccompanied alien child (as defined in 
        section 462(g) of the Homeland Security Act on 2002 (6 U.S.C. 
        279(g))) shall be represented by Government-appointed counsel, 
        at Government expense.
            ``(2) Length of representation.--Once a child is designated 
        as an unaccompanied alien child under paragraph (1), the child 
        shall be represented by counsel at every stage of the 
        proceedings from the child's initial appearance through the 
        termination of immigration proceedings, and any ancillary 
        matters appropriate to such proceedings even if the child 
        attains 18 years of age or is reunified with a parent or legal 
        guardian while the proceedings are pending.
            ``(3) Notice.--Not later than 72 hours after an 
        unaccompanied alien child is taken into Federal custody, the 
        alien shall be notified that he or she will be provided with 
        legal counsel in accordance with this subsection.
            ``(4) Within detention facilities.--The Secretary of 
        Homeland Security shall ensure that unaccompanied alien 
        children have access to counsel inside all detention, holding, 
        and border facilities.
    ``(c) Pro Bono Representation.--
            ``(1) In general.--To the maximum extent practicable, the 
        Attorney General shall make every effort to use the services of 
        competent counsel who agree to provide representation to such 
        children under subsection (b) without charge.
            ``(2) Development of necessary infrastructures and 
        systems.--The Attorney General shall develop the necessary 
        mechanisms to identify counsel available to provide pro bono 
        legal assistance and representation to children under 
        subsection (b) and to recruit such counsel.
    ``(d) Contracts; Grants.--The Attorney General may enter into 
contracts with, or award grants to, nonprofit agencies with relevant 
expertise in the delivery of immigration-related legal services to 
children to carry out the responsibilities under this section, 
including providing legal orientation, screening cases for referral, 
recruiting, training, and overseeing pro bono attorneys. Nonprofit 
agencies may enter into subcontracts with, or award grants to, private 
voluntary agencies with relevant expertise in the delivery of 
immigration-related legal services to children in order to carry out 
this section.
    ``(e) Model Guidelines on Legal Representation of Children.--
            ``(1) Development of guidelines.--The Executive Office for 
        Immigration Review, in consultation with voluntary agencies and 
        national experts, shall develop model guidelines for the legal 
        representation of alien children in immigration proceedings, 
        which shall be based on the children's asylum guidelines, the 
        American Bar Association Model Rules of Professional Conduct, 
        and other relevant domestic or international sources.
            ``(2) Purpose of guidelines.--The guidelines developed 
        under paragraph (1) shall be designed to help protect each 
        child from any individual suspected of involvement in any 
        criminal, harmful, or exploitative activity associated with the 
        smuggling or trafficking of children, while ensuring the 
        fairness of the removal proceeding in which the child is 
        involved.
    ``(f) Duties of Counsel.--Counsel provided under this section 
shall--
            ``(1) represent the unaccompanied alien child in all 
        proceedings and matters relating to the immigration status of 
        the child or other actions involving the Department of Homeland 
        Security;
            ``(2) appear in person for all individual merits hearings 
        before the Executive Office for Immigration Review and 
        interviews involving the Department of Homeland Security;
            ``(3) owe the same duties of undivided loyalty, 
        confidentiality, and competent representation to the child as 
        is due to an adult client; and
            ``(4) carry out other such duties as may be proscribed by 
        the Attorney General or the Executive Office for Immigration 
        Review.
    ``(g) Savings Provision.--Nothing in this section may be construed 
to supersede--
            ``(1) any duties, responsibilities, disciplinary, or 
        ethical responsibilities an attorney may have to his or her 
        client under State law;
            ``(2) the admission requirements under State law; or
            ``(3) any other State law pertaining to the admission to 
        the practice of law in a particular jurisdiction.''.
            (2) Rulemaking.--The Attorney General shall promulgate 
        regulations to implement section 292 of the Immigration and 
        Nationality Act, as added by paragraph (1), in accordance with 
        the requirements set forth in section 3006A of title 18, United 
        States Code.

SEC. 8. IMMIGRATION COURT IMPROVEMENTS.

    (a) Hiring of Immigration Judges.--
            (1) In general.--During fiscal year 2019, the Attorney 
        General shall increase the total number of immigration judges 
        to adjudicate pending cases and efficiently process future 
        cases by not fewer than 75 judges.
            (2) Qualifications.--The Attorney General shall ensure that 
        each immigration judge hired under this subsection is--
                    (A) highly qualified; and
                    (B) trained to conduct fair and impartial hearings 
                in accordance with applicable due process requirements.
            (3) No preference for candidates with prior service in the 
        federal government.--In selecting immigration judges under this 
        subsection, the Attorney General may not assign any preference 
        to a candidate who has prior service in the Federal Government 
        over a candidate who--
                    (A) has equivalent subject-matter expertise based 
                on experience in a nonprofit, private practice, or 
                academic setting; but
                    (B) does not have previous Federal service.
    (b) Immigration Court Staff.--During fiscal year 2019, the Attorney 
General shall--
            (1) increase the total number of judicial law clerks for 
        the Executive Office for Immigration Review by 75; and
            (2) increase the total number of support staff for 
        immigration judges, including legal assistants and 
        interpreters, by 300.
    (c) Support Staff; Other Resources.--The Attorney General shall 
ensure that the Executive Office for Immigration Review has sufficient 
support staff, adequate technological and security resources, and 
appropriate facilities to conduct the immigration proceedings required 
under Federal law.
    (d) Limitation.--Amounts appropriated for the Executive Office for 
Immigration Review or for any other division, activity, or function of 
the Department of Justice may not be used to implement numeric judicial 
performance standards or other standards that could negatively impact 
the fair administration of justice by the immigration courts.
    (e) Docket Management for Resource Conservation.--Notwithstanding 
any opposition from the Secretary of Homeland Security or the Attorney 
General, immigration judges may administratively close cases, and the 
Board of Immigration Appeals may remand cases for administrative 
closure, if an individual in removal proceedings--
            (1) appears to be prima facie eligible for a visa or any 
        other immigration benefit; and
            (2) has a pending application for such benefit before U.S. 
        Citizenship and Immigration Services or any other applicable 
        Federal agency.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 9. ACCOUNTABILITY AND OVERSIGHT.

    (a) Weekly Reports.--
            (1) In general.--Not less frequently than weekly, the 
        Secretary of Homeland Security, in collaboration with the 
        Secretary of Health and Human Services, shall submit to the 
        appropriate committees of Congress a report that includes, for 
        the preceding one-week period, the following:
                    (A) The total number of children in the custody of 
                the Secretary of Homeland Security and the Secretary of 
                Health and Human Services, disaggregated by--
                            (i) age;
                            (ii) the number of children in the custody 
                        of the Secretary of Homeland Security;
                            (iii) the number of children in the custody 
                        of the Secretary of Health and Human Services;
                            (iv) the location of the detention 
                        facilities in which such children are housed, 
                        including city and State; and
                            (v) average number of days in such custody.
                    (B)(i) The number of deaths of children in such 
                custody, as applicable, including relevant details 
                relating to the circumstances of each death.
                    (ii) The information described in clause (i) shall 
                be submitted to Congress in a weekly report under this 
                paragraph, as applicable, notwithstanding a requirement 
                to report to Congress such information under any other 
                law.
                    (C) The total number of such children that were 
                separated from family members.
                    (D)(i) Subject to clause (ii), the total number of 
                pregnant women in such custody, disaggregated by--
                            (I) the number of such women in the custody 
                        of the Secretary of Homeland Security;
                            (II) the number of such women in the 
                        custody of the Secretary of Health and Human 
                        Services; and
                            (III) the location of detention facilities 
                        in which such pregnant women are housed, 
                        including city and State.
                    (ii) Information described in clause (i) may not be 
                submitted in a weekly report if such information 
                renders a pregnant woman personally identifiable.
                    (E) The average number of days individuals subject 
                to the migrant protection protocol issued on January 
                24, 2019, remain in Mexico for the resolution of United 
                States immigration proceedings.
            (2) Monthly publication.--Not less frequently than monthly, 
        the Secretary of Homeland Security shall publish on an internet 
        website of the Department of Homeland Security that is 
        available to the public a summary of the reports under 
        paragraph (1) for the preceding one-month period.
    (b) Mandatory Access to Detention Facilities for Members of 
Congress.--
            (1) In general.--Subject to paragraph (3), the Secretary 
        concerned shall allow a Member of Congress to tour any facility 
        in which one or more detained individuals, including 
        unaccompanied alien children, are housed at a time between 8:00 
        a.m. and 7:00 p.m. on a date requested by the Member of 
        Congress if, not later than 24 hours before midnight on the 
        date requested, the Secretary concerned receives written notice 
        from the Member of Congress that includes--
                    (A) the name of the facility; and
                    (B) the date on which the Member of Congress 
                intends to tour the facility.
            (2) Accompanying members of the press.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary concerned shall allow one or more members of 
                the press to accompany a Member of Congress on a tour 
                of a facility under this subsection.
                    (B) Limitations.--
                            (i) Still or video cameras.--The Secretary 
                        concerned shall not be required to allow a 
                        member of the press to enter a facility under 
                        subparagraph (A) with a still or video camera.
                            (ii) Personally identifying information.--
                        As a condition of entering a facility under 
                        subparagraph (A), a member of the press shall 
                        agree not to release any personally identifying 
                        information of a staff member of the facility 
                        or a child housed at the facility without the 
                        express authorization of such staff member or 
                        child.
            (3) Limitation.--The Secretary concerned may limit a tour 
        under paragraph (1) to--
                    (A) in the case of a facility that houses fewer 
                than 50 unaccompanied alien children--
                            (i) not more than five Members of Congress; 
                        and
                            (ii) accompanying members of the press 
                        under paragraph (2); and
                    (B) in the case of a facility that houses not fewer 
                than 50 detained individuals, including unaccompanied 
                children--
                            (i) not more than ten Members of Congress; 
                        and
                            (ii) accompanying members of the press 
                        under paragraph (2).
            (4) Definition of secretary concerned.--In this subsection, 
        the term ``Secretary concerned'' means, as applicable--
                    (A) the Secretary of Homeland Security; or
                    (B) the Secretary of Health and Human Services.
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