[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 31. 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.--Notwithstanding any other provision of 
     law, judicial determination, consent decree, or settlement 
     agreement, 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, 1226, and 1231). There exists no 
     presumption that an alien child who is not an unaccompanied 
     alien child should not be detained, and all such 
     determinations 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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