[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 557 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 557
To reunite families separated at or near ports of entry.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 26, 2019
Ms. Harris (for herself, Mr. Merkley, Ms. Cortez Masto, Mr. Blumenthal,
Mr. Wyden, Mr. Markey, Mr. Bennet, Ms. Duckworth, Mr. Sanders, Ms.
Smith, Ms. Warren, Mr. Booker, Ms. Klobuchar, Mrs. Gillibrand, Mr.
Kaine, and Mr. Carper) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reunite families separated 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 TITLES.
This Act may be cited as the ``Reunite Every Unaccompanied Newborn
Infant, Toddler and other children Expeditiously Act'' or the ``REUNITE
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agencies.--The term ``agencies'' means the Department
of Homeland Security and the Department of Health and Human
Services.
(2) Apprehended parent or legal guardian.--The term
``apprehended parent or legal guardian'' means an alien who--
(A) is 18 years of age or older;
(B) is the parent or legal guardian of an alien
child; and
(C) was apprehended by the Department of Homeland
Security, the Department of Justice, or any other
entity authorized to enforce section 275 of the
Immigration and Nationality Act (8 U.S.C. 1325).
(3) Border.--The term ``border'' means an international
border of the United States.
(4) Child.--The term ``child'' means an alien who--
(A) has not attained 18 years of age; and
(B) has no permanent immigration status in the
United States.
(5) DHS.--The term ``DHS'' means the Department of Homeland
Security.
(6) HHS.--The term ``HHS'' means the Department of Health
and Human Services.
SEC. 3. REUNIFICATION OF SEPARATED FAMILIES.
(a) Rulemaking.--
(1) Guidance.--Not later than 10 days after the date of the
enactment of this Act, the Secretary of Homeland Security and
the Secretary of Health and Human Services, after consultation
with humanitarian organizations, child welfare organizations,
State child welfare agencies, and States contiguous to the
border with Mexico, shall promulgate and publish guidance
through a direct final rule that specifically describes the
coordinated efforts that the agencies will undertake to aid an
apprehended parent or legal guardian in locating and reuniting
with any children separated from them at or near the port of
entry, or within 100 miles of the border, pursuant to
applicable law.
(2) Development; services; publication.--The guidance
promulgated pursuant to paragraph (1)--
(A) shall be developed to protect the best
interests of affected children;
(B) shall describe all pro bono or government-
funded services, including immigration services,
available for apprehended parents and legal guardians
or affected children; and
(C) shall be made publicly available in writing and
on the websites of the agencies.
(b) Coverage of Joint Guidance.--The guidance published pursuant to
subsection (a) shall outline the agencies' coordinated efforts,
including efforts--
(1) to develop and conduct family tracing procedures, in
cooperation with nongovernmental experts in child welfare best
practices;
(2) to maintain a functional, accessible, frequent, and no
cost means for apprehended parents and legal guardians to
contact their children through a telephone hotline or visual
conferencing--
(A) to obtain daily-updated information about the
location of their children and all scheduled
immigration proceedings for their children; and
(B) to set up opportunities to speak with their
child not fewer than 3 times per week, including at
least once per week by video;
(3) to facilitate substantial daily access of
nongovernmental case workers, child advocates, and legal
counsel to children separated from their parents and legal
guardians to represent these children's best interests in
custody decisions and immigration proceedings;
(4) to provide for humanitarian organizations and State and
local child welfare agencies in the jurisdictions in which the
children are located to conduct unannounced, independent weekly
inspections of all DHS and HHS facilities at which children who
are separated from their apprehended parents or legal guardians
are in custody;
(5) to coordinate with the Department of State and
embassies and consulates of foreign governments to locate
apprehended parents and legal guardians of children who have
departed from the United States;
(6) to provide clear notice to apprehended parents and
legal guardians of their legal rights, including--
(A) their parental and guardianship rights with
respect to their children who have been designated as
unaccompanied alien children; and
(B) their right to designate another parent, legal
guardian, or other qualified adult custodian to sponsor
and care for such children;
(7) to facilitate information sharing by parents and legal
guardians about any arrangements to depart the United States
with their consulate, their children, their children's case
worker, legal counsel, child advocate, and other adult
custodians in advance of their departure;
(8) to provide parents and legal guardians with an order of
deportation or removal access to nongovernmental organizations
providing assistance with locating and reunifying their
children;
(9) to provide cost-free transportation of children
separated from their parents or legal guardians to reunite with
them or another parent, legal guardian, or other qualified
adult custodian to which the children consent;
(10) to establish a recordkeeping system that will maintain
information to aid the reunification of every child separated
from an apprehended parent or legal guardian;
(11) to provide free telephone calls between apprehended
parents and their children; and
(12) to otherwise assist with the reunification of
separated families.
(c) Written Notification.--Shortly after guidance is published
pursuant to subsection (a), the Secretary of Homeland Security, the
Secretary of Health and Human Services, and the Attorney General shall
provide each apprehended parent or legal guardian who has been
separated from his or her child with written notice, in English,
Spanish, or another language understandable by the parent or legal
guardian, upon request, of any guidance that may assist them in their
efforts to locate and reunify with their children.
(d) Reunification Required.--The agencies shall ensure immediate
reunification of children that remain separated from their apprehended
parent or guardian.
(e) Other Requirements.--The agencies shall--
(1) issue a privacy impact assessment related to the use of
DNA testing under the section; and
(2) establish a process for redressing violations of the
requirements under this section.
(f) Exemptions.--The agencies may not reunite an apprehended parent
or legal guardian with a separated child under this section if--
(1) the child has been determined to be a victim of
trafficking, or is at significant risk of becoming a victim of
trafficking, by that apprehended parent or guardian, as
determined by a Chief Border Patrol Agent or Customs and Border
Protection Area Port Director in their official and undelegated
capacity;
(2) the child appears to be in danger of abuse or neglect
at the hands of the apprehended parent or legal guardian;
(3) the child is a danger to himself, herself, or others,
as determined by a State court or an official from a State or
county child welfare agency in his or her official and
undelegated capacity; or
(4) there is a strong likelihood that the adult is not the
apprehended parent or legal guardian of the child.
SEC. 4. DNA TESTING.
(a) Use of Other Techniques.--Before utilizing DNA testing to
determine family relationships, agencies shall use other techniques
commonly utilized by United States courts for determining family
relationships, including--
(1) official documents;
(2) representations from a witness, parent, relative, or
child; and
(3) observations of interactions between the adult and the
child.
(b) DNA Testing.--
(1) In general.--DNA testing may not be required as a
condition of reunification if alternative means of
demonstrating a familial relationship have been established. If
reasonable suspicions remain about a familial relationship
after exhausting the techniques referred to in subsection (a),
DNA testing may be used.
(2) Protocols.--The agencies shall develop protocols for
establishing a familial relationship if an individual does not
consent to DNA testing or may not have a biological
relationship with the child.
(3) Type of test.--Whenever DNA testing is used, the
agencies--
(A) shall use the least privacy-invasive type of
DNA test available to confirm the claimed relationship;
and
(B) may not charge the child or apprehended parent
or guardian for the costs of conducting such test.
(4) Consent.--The agencies shall--
(A) obtain the consent of any individual who is
older than 18 years of age before conducting a DNA
test;
(B) make every effort to obtain the consent of a
guardian before conducting a DNA test on anyone who is
younger than 18 years of age; and
(C) destroy DNA samples as soon as possible, and
not later than 7 days after completing the required DNA
matching tests, to minimize any potential misuse of
genetic information collected under this subsection.
(c) Protection of Information.--
(1) In general.--If DNA testing is used for the purposes of
reunification, the agencies shall ensure the protection of
privacy, genetic data, and personal information of children,
parents, all individuals being tested, and their relatives.
(2) Other uses prohibited.--Agencies and private entities
may only access, use, or store any personal DNA information
collected under this subsection for family reunification
purposes and are prohibited from sharing any such data or
samples with agencies other than those carrying out the
reunification process. Information collected under this section
may not be used by any agency or contractor for any other
purpose, including criminal or immigration enforcement.
(d) DNA Match.--
(1) Reunification.--As soon as a DNA match is identified,
the agencies shall reunite family members as expeditiously as
possible.
(2) No match; no consent.--A refusal to consent to a DNA
test or the failure to identify a match between a child and an
apprehended parent may not be used as a basis for concluding
that there is no familial relationship between a such child and
such parent if--
(A) the familial relationship is not biological; or
(B) the familial relationship may be established
through alternate means.
SEC. 5. ENHANCED PROTECTIONS FOR SEPARATE FAMILIES.
(a) In General.--The Secretary of Homeland Security shall establish
secure alternatives programs that incorporate case management services
in each field office of the Department of Homeland Security to ensure
appearances at immigration proceedings and public safety.
(b) Alternatives to Detention.--
(1) Contract authority.--The Secretary of Homeland Security
shall contract with nongovernmental, community-based
organizations to conduct screening of detainees, provide
appearance assistance services, and operate community-based
supervision programs. Secure alternatives shall offer a
continuum of supervision mechanisms and options, including
community support, depending on an assessment of each
individual's circumstances. The Secretary may contract with
nongovernmental organizations to implement secure alternatives
that maintain custody over the alien.
(2) Eligibility determination.--
(A) Release.--The Secretary of Homeland Security
shall release each apprehended parent or legal guardian
on recognizance, parole, or bond, or permit such parent
or legal guardian to participate in an alternative to
detention program, such as the Family Case Management
Program authorized under subsection (c), unless the
Secretary demonstrates that such participation would
create a substantial risk that the apprehended parent
or legal guardian is likely to cause harm to himself,
herself, or others.
(B) Burden of proof.--In order to demonstrate that
continued detention is necessary, the Secretary shall
produce clear and convincing evidence of risk factors,
including credible and individualized information.
(C) Appeal.--Not later than 72 hours after the
Secretary determines that an apprehended parent or
legal guardian is ineligible for an alternative to
detention program under this subsection, the parent or
legal guardian shall be provided with an opportunity to
appeal such determination in a hearing before an
immigration judge.
(c) Restoration of the Family Case Management Program.--
(1) In general.--Not later than 7 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall restore the U.S. Immigration and Customs Enforcement
Family Case Management Program, which shall provide community
supervision and community support services, including case
management services, appearance services, and screening of
aliens who have been detained be run through a contract with a
not-for-profit entity.
(2) Contract.--Any contract for programming or services
described in paragraph (1) shall be awarded to a not-for-profit
organization with demonstrated expertise in meeting the areas
specified in paragraph (1).
(d) Unaccompanied Alien Child Designation.--The Secretary of
Homeland Security shall treat a child, who has been separated from an
apprehended parent or legal guardian and has been designated an
unaccompanied alien child, as an unaccompanied alien child for the
duration of his or her immigration proceedings.
(e) Automatic Stay of Removal of Parents and Legal Guardians During
Child's Immigration Proceedings.--Until the earlier of the date on
which the child's immigration proceedings are concluded or the date on
which the child attains 18 years of age, the Secretary of Homeland
Security may not remove an apprehended parent or legal guardian of such
child from the United States unless the apprehended parent or legal
guardian, after being afforded the opportunity for legal consultation,
agrees to removal.
SEC. 6. CONFIDENTIALITY.
(a) In General.--Except as provided in subsection (b), the
Secretary of Homeland Security may not use information obtained or
recorded pursuant to this Act to assist in immigration enforcement
actions taken against any sponsor, potential sponsor, custodian,
potential custodian, or household member of a child or apprehended
parent or legal guardian.
(b) Exception.--Subsection (a) does not apply to the use of
information described in that subsection about a particular sponsor,
potential sponsor, custodian, potential custodian, or household member
for purposes of a law enforcement investigation related to--
(1) forced labor or human trafficking under section 1589,
1590, or 1591 of title 18, United States Code; or
(2) child exploitation under section 2251, 2251A, 2252, or
2252A of title 18, United States Code.
SEC. 7. ESTABLISHMENT OF OFFICE FOR LOCATING AND REUNITING CHILDREN
WITH PARENTS.
(a) In General.--The Secretary of Homeland Security, the Attorney
General, and the Secretary of Health and Human Services shall jointly
establish an interagency office, which--
(1) shall be known as the ``Office for Locating and
Reuniting Children with Parents'' (referred to in this section
as the ``Office''); and
(2) shall be responsible for expediting and facilitating
the reunification of alien children and parents separated after
entering the United States.
(b) Duties.--The Office shall--
(1) expeditiously implement guidance designated for its
jurisdiction under section 3;
(2) establish 24-hour priority data and information
communication networks between HHS, DHS, and the Department of
Justice; and
(3) identify and immediately inform Congress if the Office
determines that insufficient appropriations, or any other
statutory or regulatory condition hinders the safe and timely
reunion of separated alien children with their parents,
pursuant to the final rule promulgated under section 3.
(c) Report.--The Office shall submit a weekly report to Congress
that includes--
(1) the number and location of children in the physical
custody of DHS or HHS who have been separated from an apprehend
parent or legal guardian;
(2) the number of such children who have been physically
reunified with their parent or legal guardian;
(3) the physical location of parents who have yet to be
reunited with their children, including the parents who have
been deported without their children;
(4) the number of such children who have not yet been
physically reunited with their parent or legal guardian; and
(5) an outline of the progress made in implementing the
guidance published pursuant to section 3(a).
SEC. 8. SAVINGS PROVISIONS.
(a) Federal Law.--Nothing in this Act may be construed to supersede
or modify--
(1) the William Wilberforce Trafficking Victims Protection
Act of 2008 (8 U.S.C. 1232 et seq.);
(2) the Stipulated Settlement Agreement filed in the United
States District Court for the Central District of California on
January 17, 1997 (CV 85-4544-RJK) (commonly known as the
``Flores Settlement Agreement'');
(3) the Homeland Security Act of 2002 (Public Law 107-296);
or
(4) any applicable Federal child welfare law, including the
Adoption and Safe Families Act of 1997 (Public Law 105-89).
(b) State Law.--Nothing in this Act may be construed to supersede
or modify any applicable State child welfare law.
SEC. 9. REALLOCATION OF DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS.
(a) In General.--Of the amount allocated to U.S. Immigration and
Customs Enforcement for fiscal year 2019 for enforcement, detention,
and removal operations, $50,000,000 shall be reallocated to carry out
sections 3 and 5(a).
(b) Reunification.--Not less than $15,000,000 of the amount
reallocated under subsection (a) shall be made available to carry out
section 3.
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