[Congressional Record Volume 165, Number 15 (Thursday, January 24, 2019)]
[Senate]
[Page S615]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 32. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5 proposed by Mr. McConnell (for Mr. Shelby) to the bill 
H.R. 268, making supplemental appropriations for the fiscal year ending 
September 30, 2019, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, add the following:

     SEC. __. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.

       (a) In General.--Section 235 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232) is amended by adding at the end the following:
       ``(j) Rule of Construction.--
       ``(1) In general.--The detention of any alien child who is 
     not an unaccompanied alien child shall be governed by 
     sections 217, 235, 236, and 241 of the Immigration and 
     Nationality Act (8 U.S.C. 1187, 1225, 1225a, and 1231). There 
     exists no presumption under the Immigration and Nationality 
     Act (8 U.S.C. 1101 et seq.), any other provision of law, 
     consent decree, or settlement agreement that an alien child 
     who is not an unaccompanied alien child should not be 
     detained. Any determination with respect to the detention of 
     such an alien child shall be in the discretion of the 
     Secretary of Homeland Security.
       ``(2) Release of minors other than unaccompanied aliens.--
     In no circumstances shall an alien minor who is not an 
     unaccompanied alien child be released by the Secretary of 
     Homeland Security other than to a parent or legal 
     guardian.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to all actions that occur before, on, or 
     after such date of enactment.
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