[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Notices]
[Pages 70512-70514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26691]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2021-0051]


Identifying Recommendations To Support the Work of the 
Interagency Task Force on the Reunification of Families

AGENCY: Department of Homeland Security.

ACTION: Request for public input.

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SUMMARY: The Department of Homeland Security (DHS), on behalf of the 
Interagency Task Force on the Reunification of Families (Task Force), 
is seeking comments from the public on recommendations for ways to 
minimize the separation of migrant parents and legal guardians and 
children entering the United States, consistent with the law. This 
input will help in the drafting of a report required by the Executive 
order titled ``Establishment of Interagency Task Force on the 
Reunification of Families.''

DATES: Comments must be received on or before January 10, 2022.

ADDRESSES: You may submit comments, identified by docket number DHS-
2021-0051, through the Federal eRulemaking Portal: https://www.regulations.gov. Comments

[[Page 70513]]

submitted in any other manner, including emails or letters sent to Task 
Force officials, may not be reviewed by the Task Force. The Task Force 
cannot accept any comments that are hand delivered or couriered. In 
addition, the Task Force cannot accept comments contained on any form 
of digital media storage devices, such as CDs/DVDs and USB drives. Due 
to COVID-19, the Task Force is also not accepting mailed comments at 
this time. If you cannot submit your comment by using https://www.regulations.gov, please contact Samantha Deshommes, Chief, 
Regulatory Coordination Division, Office of Policy and Strategy, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
by telephone at (240) 721-3000 for alternate instructions.

FOR FURTHER INFORMATION CONTACT: Carrie Anderson, Director of Policy 
for the Family Reunification Task Force, U.S. Department of Homeland 
Security, (240) 721-3000 (this is not a toll-free number). Individuals 
with hearing or speech impairments may access the telephone numbers 
above via TTY by calling the toll-free Federal Information Relay 
Service at 1-877-889-5627.

SUPPLEMENTARY INFORMATION:

I. Public Participation

    Interested persons are invited to comment on this notice by 
submitting input using the method identified in the ADDRESSES section 
above.
    Instructions: All comments received may be posted without change to 
https://www.regulations.gov including any personal information 
provided.
    Docket: For access to the docket to view comments, go to https://www.regulations.gov/.

II. Background

A. Executive Order 14011

    On February 2, 2021, President Biden signed Executive Order 14011 
(E.O. 14011), Establishment of Interagency Task Force on the 
Reunification of Families, condemning the human tragedy that occurred 
when application of our immigration laws resulted in the separation of 
children from their parents or legal guardians (families), including 
through the use of the Zero-Tolerance Policy, and committing to protect 
family unity so that children entering the United States are not 
separated from their families, except in the most extreme circumstances 
when necessary for the safety and well-being of the child or when 
required by law.\1\
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    \1\ 86 FR 8273 (published Feb. 5, 2021).
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    As early as February 2017, some Trump administration officials 
began discussing the separation of parents from their children at the 
U.S.-Mexico border. In the summer of 2017, in the El Paso, Texas Border 
Patrol Sector, there was an increase in the number of prosecutions for 
illegal entry which resulted in an increase in the number of family 
separations within that sector. On April 6, 2018, the Department of 
Justice (DOJ) formally announced the Zero-Tolerance Policy, which was 
implemented through a memorandum issued by then-Attorney General Jeff 
Sessions to all U.S. Attorney's Offices along the Southwest border. 
Under this policy, DOJ would prosecute all referrals of individuals for 
8 U.S.C. 1325 (unauthorized entry), to the extent practicable, even 
though it meant the separation of parents and children.
    On May 5, 2018, based on guidance from DHS, U.S. Customs and Border 
Protection (CBP) began to refer an increased number of individuals to 
DOJ for criminal prosecution for entering the United States without 
authorization, including parents who entered with their minor children. 
When parents were referred for criminal prosecution under 8 U.S.C. 
1325, they were remanded to the custody of the U.S. Marshals Service 
for the duration of their criminal proceedings. Their accompanying 
children were then classified as unaccompanied children (UC) and 
therefore transferred to the care and custody of the U.S. Department of 
Health and Human Services, Office of Refugee Resettlement (HHS-ORR).
    On June 20, 2018, President Trump signed Executive Order 13841, 
Affording Congress an Opportunity to Address Family Separation, to 
maintain family unity during the pendency of immigration and criminal 
proceedings relating to 8 U.S.C. 1325 prosecutions for unauthorized 
entry, where appropriate and consistent with the law.\2\
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    \2\ 83 FR 29435 (published Jun. 25, 2018).
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    The separations of parents and children were challenged in federal 
court, and on June 26, 2018, a federal district court ordered the 
reunification of a certified class of parents with their children. The 
court later expanded the class to include parents who entered the 
United States with their child(ren) on or after July 1, 2017, were 
separated from their children, and whose children were not in HHS-ORR 
custody on June 26, 2018.
    The Department, including Task Force agency members, is involved in 
multiple active litigation cases involving separated families, but that 
litigation is ongoing and outside the scope of this request for public 
information.

B. Scope and Functions of the Task Force

    E.O. 14011 established the Task Force, which focuses on family 
separations that occurred at the U.S.-Mexico border between January 20, 
2017, and January 20, 2021, in connection with the operation of the 
Zero-Tolerance Policy. E.O. 14011 defines ``Zero-Tolerance Policy'' as 
the policy discussed in the Attorney General's memorandum of April 6, 
2018, entitled, ``Zero-Tolerance for Offenses Under 8 U.S.C. 1325(a),'' 
and any other related policy, program, practice, or initiative 
resulting in the separation of children from their families at the 
United States-Mexico border. E.O. 14011 identifies the Task Force's key 
functions as the following:
     Identify all children who were separated by DHS from their 
families at the United States-Mexico border between January 20, 2017 
and January 20, 2021 as a result of the Zero-Tolerance Policy;
     Facilitate and enable the reunification of those children 
with their families;
     Provide recommendations regarding the provision of 
additional services and support for the children and their families, 
including behavioral health services with a focus on trauma-informed 
care; and
     Provide regular reports to the President, including: An 
initial progress report no later than 120 days after the date of E.O. 
14011; interim progress reports every 60 days thereafter; a report 
containing recommendations to ensure that the Federal Government will 
not repeat the policies and practices leading to the separation of 
families at the border no later than 1 year after the date of E.O. 
14011; and a final report when the Task Force has completed its 
mission.
    The Task Force leverages the authorities and functions of the 
Secretaries of Homeland Security, State, and Health and Human Services, 
the Attorney General, and other key government officials to complete 
the functions ordered in E.O. 14011.

C. Recommendations Report

    Section 4(c)(iii) of E.O. 14011 requires the Task Force to provide 
the President ``a report containing recommendations to ensure that the 
Federal Government will not repeat the policies and practices leading 
to the separation of families at the border, no later than 1 year after 
the date of this order.''

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III. Request for Input

    E.O. 14011 directs the Task Force to coordinate its work, as 
appropriate and consistent with applicable law, with relevant 
stakeholders, including domestic and international non-governmental 
organizations, and representatives of the children and their families. 
Based on this directive, the Task Force is soliciting input and 
recommendations to minimize the separation of migrant parents and legal 
guardians and children entering the United States, consistent with law. 
The Task Force welcomes thoughts on the causes of family separations 
that occurred incident to the Zero-Tolerance policy as well as 
policies, procedures, or regulations that may minimize the separation 
of migrant parents and legal guardians and children entering the United 
States, consistent with law. This is not an exhaustive list of the 
types of comments the Task Force is interested in receiving on this 
important topic and the public may provide additional thoughts and 
concerns.

IV. Review of Public Feedback

    The Task Force will use the public's feedback to help draft 
recommendations to the President on how to prevent the Federal 
Government in the future form separating children from their parents 
except in the most extreme circumstances where a separation is clearly 
necessary for the safety and well-being of the child or is required by 
law, as directed in E.O. 14011. Public input provided in response to 
this notice does not bind the Task Force to any further actions, to 
include publishing a formal response or agreement to initiate a 
recommended change. The Task Force will consider the feedback and 
include the feedback in its report at its sole discretion.

Disclaimer

    This notice is for information and planning purposes only and 
should not be construed as a solicitation or as creating or resulting 
in any obligation on the part of DHS.

    Dated: December 6, 2021.
Michelle Bran[eacute],
Executive Director, Interagency Task Force on the Reunification of 
Families, U.S. Department of Homeland Security.
[FR Doc. 2021-26691 Filed 12-9-21; 8:45 am]
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