Protect Family Values at the Border Act
Directs the Department of Homeland Security (DHS) to: (1) consider safety and family concerns in any action related to the repatriation or prosecution of individuals apprehended for immigration violations, and (2) provide related training for U.S. Customs and Border Protection (CBP) and cooperating entity personnel.
Directs DHS, with certain exceptions, to submit to Congress every 180 days written certification that DHS has deported or otherwise removed an apprehended individual from the United States through an entry or exit point on the southern border only during daylight hours.
Directs DHS to promulgate regulations establishing short-term custody standards providing for basic minimums of care at all CBP facilities holding individuals in CBP custody.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3605 Introduced in House (IH)]
<DOC>
114th CONGRESS
1st Session
H. R. 3605
To establish humane practices for the repatriation of aliens at the
border, establish effective standards for the treatment of certain
aliens in the custody of the Department of Homeland Security, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 24, 2015
Ms. Roybal-Allard introduced the following bill; which was referred to
the Committee on the Judiciary, and in addition to the Committee on
Homeland Security, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish humane practices for the repatriation of aliens at the
border, establish effective standards for the treatment of certain
aliens in the custody of the Department of Homeland Security, 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.
This Act may be cited as the ``Protect Family Values at the Border
Act''.
SEC. 2. PROTECTION OF FAMILY VALUES IN APPREHENSION PROGRAMS.
(a) Procedures for Migration Deterrence Programs at the Border.--In
any migration deterrence program carried out at a border, the Secretary
and any cooperating entity shall for each apprehended individual--
(1) as soon as practicable after such individual is
apprehended--
(A) inquire through a standardized procedure that
shall be established by the Secretary not later than 90
days after the date of the enactment of this Act, as to
whether such apprehended individual is--
(i) a parent, legal guardian, or primary
caregiver of a child; or
(ii) traveling with a spouse, child, or
sibling; and
(B) ascertain whether repatriation of such
apprehended individual presents any humanitarian
concern or concern related to such apprehended
individual's physical safety; and
(2) ensure that, with respect to a decision related to the
repatriation or referral for prosecution of such apprehended
individual, due consideration is given to--
(A) the best interests of such apprehended
individual's child;
(B) family unity whenever possible; and
(C) other public interest factors, including
humanitarian concerns and concerns related to such
apprehended individual's physical safety.
(b) Mandatory Training.--The Secretary, in consultation with the
Secretary of Health and Human Services, the Attorney General, the
Secretary of State, and independent immigration, child welfare, family
law, and human rights law experts, shall--
(1) develop and provide specialized training for all
personnel of U.S. Customs and Border Protection and cooperating
entities who come into contact with apprehended individuals
regarding legal authorities, policies, and procedures relevant
to the preservation of a child's best interest, family unity,
and other public interest factors, including factors described
in subsection (a); and
(2) require border enforcement personnel to undertake
periodic and continuing training on best practices and changes
in relevant legal authorities, policies, and procedures
referred to in paragraph (1).
(c) Annual Report on the Impact of Migration Deterrence Programs at
the Border.--
(1) In general.--Not later than one year after the date of
the enactment of this Act and annually thereafter, the
Secretary shall submit to Congress a report that describes the
impact of migration deterrence programs on parents, legal
guardians, primary caregivers of a child, individuals traveling
with a spouse, child, or sibling, and individuals who present
humanitarian considerations or concerns related to such
individual's physical safety.
(2) Contents.--Each report required under paragraph (1)
shall include for the previous year period an assessment of--
(A) the number of apprehended individuals removed,
repatriated, or referred for prosecution who are the
parent, legal guardian, or primary caregiver of a child
who is a citizen of the United States;
(B) the number of occasions in which both parents,
or the primary caretaker of such a child was removed,
repatriated, or referred for prosecution as part of a
migration deterrence program;
(C) the number of apprehended individuals traveling
with a spouse, parent, grandparent, sibling, or child
who are removed, repatriated, or referred for
prosecution; and
(D) the impact of migration deterrence programs on
public interest factors, including humanitarian
concerns and physical safety.
(d) Regulations.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall promulgate regulations to
implement this section.
SEC. 3. LIMITING DANGEROUS DEPORTATION PRACTICES.
(a) Certification Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act and every 180 days thereafter, the
Secretary, except as provided in paragraph (2), shall submit to
Congress written certification that the Department has deported
or otherwise removed for a violation of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) an apprehended
individual from the United States through an entry or exit
point on the southern border only during daylight hours.
(2) Exception.--The certification required under paragraph
(1) shall not apply to the deportation or removal of an
apprehended individual otherwise described in such paragraph
if--
(A) the manner of such deportation or removal is
justified by a compelling governmental interest; and
(B) such apprehended individual is not a child and
such apprehended individual agrees to be deported or
removed in such manner after being notified of the
intended manner of deportation or removal.
(b) Consultation.--The Secretary shall consult with the Secretary
of State and with local service providers at ports of entry, including
shelters, hospitals, and centers for deported women and children, when
negotiating or renegotiating agreements with the Government of Mexico
and State and local entities governing arrangements for the deportation
or removal of apprehended individuals to determine appropriate hours,
subject to subsection (a), for conducting deportations and removals,
and identifying safety concerns at deportation and removal sites.
SEC. 4. SHORT-TERM CUSTODY STANDARDS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with the head of
the Office of Civil Rights and Civil Liberties of the Department, shall
promulgate regulations establishing short-term custody standards
providing for basic minimums of care at all U.S. Customs and Border
Protection (CBP) facilities holding individuals in CBP custody,
including--
(1) Border Patrol stations;
(2) ports of entry;
(3) checkpoints;
(4) forward operating bases;
(5) secondary inspection areas; and
(6) short-term custody facilities.
(b) Requirements.--The regulations promulgated in accordance with
subsection (a) shall ensure that detention space capacity will not be
exceeded except in emergency circumstances, and that all individuals in
CBP custody receive--
(1) potable water and a snack, and, if detained for more
than five hours, a nutritious meal with regular nutritious
meals (at least one of which daily must be heated), and snacks,
thereafter;
(2) medically appropriate meals or snacks if such
individuals are pregnant or have medical needs;
(3) access to bathroom facilities, as well as basic
toiletries and hygiene items, including soap, a toothbrush,
toilet paper, and other items appropriate for the age and
gender identification of such individuals, such as diapers and
feminine hygiene products;
(4) a cot, clean linens, and blankets, if detained for more
than five hours;
(5) adequate lighting and climate control that achieves a
reasonable indoor temperature;
(6) a physical and mental health screening conducted
promptly upon arrival in a manner that complies with the
requirements for such screenings specified in the currently
applicable National Commission for Correctional Health Care
Jails Standards, as well as information about the availability
of, and access to, health care services that is communicated in
a form and language such individuals are known to understand;
(7) immediate physical and mental health needs addressed by
a qualified health care professional as soon as possible;
(8) prompt notice of the ability to make one telephone call
at any time after arrest, telephone access to make such call,
and the phone numbers to file a complaint with the Office of
the Inspector General of the Department and the Office for
Civil Rights and Civil Liberties of the Department;
(9) to the extent practicable, a reasonable accommodation
to respect such individuals' religious practices;
(10) all protections under the Prison Rape Elimination Act
of 2003 (42 U.S.C. 15601 et seq.; Public Law 108-79), except
that certain protections shall not apply at a particular CBP
facility if the Commissioner of CBP determines that
implementation at that particular facility of such a protection
would be impracticable;
(11) safe transport, including prevention of sexual assault
during transfer, including in subcontracted transportation
services, while such individuals are transported from a CBP
facility; and
(12) an administrative exit interview, upon release from
CPB custody and after individuals have an opportunity to
receive and review their belongings, with translations as
necessary, which contains the questions described in subsection
(c), or substantially similar questions.
(c) Exit Interview Questions.--The questions described in this
section are as follows:
(1) Have all belongings, including money and identification
been returned to you?
(2) Were you apprehended with family members? If so, have
you received information about where your family member is and
how and when you may be reunited?
(3) Have you received information about how to file a
complaint?
(4) Do you wish to file a complaint now about your
treatment or conditions while in CPB custody?
(d) Further Provisions.--The Commissioner of CBP shall ensure that
all individuals in CBP custody--
(1) have regular access to consular officials and
Government-funded legal service providers through confidential
in-person visits or telephonic communications;
(2) receive copies of all signed documents; and
(3) are transferred to an appropriate U.S. Immigration and
Customs Enforcement or Department of Health and Human Services
Office of Refugee Resettlement facility or are released from
short-term custody within 72 hours of apprehension.
(e) Surveillance of Certain Individuals in CBP Custody.--The
Commissioner of CBP shall ensure constant surveillance of an individual
in CBP custody who exhibits signs of hostility, depression, or similar
behaviors, or who is reasonably known to pose an elevated suicide risk.
(f) Physical and Mental Health Assessment.--The Commissioner of CBP
shall ensure that individuals in CBP custody for more than 24 hours,
receive, in addition to the physical and mental health screening
specified in subsection (b)(6), a physical and mental health assessment
by a qualified healthcare professional. To the extent practicable, such
individuals with known or readily apparent disabilities, including
temporary disabilities, shall be housed in a manner that accommodates
their mental or physical condition, or both, and provides for the
safety, comfort, and security of such individuals.
(g) Return of Certain Belongings.--Any lawful, nonperishable
belongings of an individual in CBP custody that are confiscated by
personnel operating under Federal authority shall be returned to such
individual prior to the deportation or removal of such individual.
(h) Inspection of Short-Term Custody Facilities.--Short-term
custody facilities shall be inspected at least once every year by the
Department of Homeland Security Office for Civil Rights and Civil
Liberties, with the results made public without the need to submit a
request under section 552 of title 5, United States Code.
(i) Consultation.--The Secretary shall seek input from
nongovernmental organizations regarding their independent opinion of
specific facilities and permit regular access to nongovernmental
organizations for human rights monitoring.
(j) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall promulgate regulations to--
(1) establish a publicly accessible online system to track
the location of individuals in CBP custody held in short-term
custody, and provide an online list of all locations with phone
numbers routinely used to hold individuals in short-term
custody;
(2) improve the education of individuals in CBP custody
regarding administrative procedures and legal rights under
United States immigration law, in consultation with the
Executive Office for Immigration Review; and
(3) ensure notification of the Office of Inspector General
and Department of Homeland Security Office for Civil Rights and
Civil Liberties within 48 hours of all instances in which--
(A) an individual in CBP custody has died,
including during transfer to another facility or while
being released; or
(B) an individual has died as the result of an
encounter with CBP.
(k) Annual Reports.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Secretary shall
submit to Congress a report that details all instances in which an
individual in CBP custody has died in the prior fiscal year, including
during transfer to another facility or while being released, as well as
all instances in which an individual has died as the result of an
encounter with CBP, and the result of any subsequent investigation.
Such reports shall also detail all instances in which an individual,
including an individual in the custody of CBP, has suffered serious
injuries requiring hospitalization as a result of the use of force by
CBP.
SEC. 5. DEFINITIONS.
In this Act:
(1) Apprehended individual.--The term ``apprehended
individual'' means an individual apprehended by personnel of
the Department of Homeland Security or of a cooperating entity.
(2) Border.--The term ``border'' means an international
border of the United States.
(3) Child.--Except as otherwise specifically provided, the
term ``child'' has the meaning given such term in section
101(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(1)).
(4) Cooperating entity.--The term ``cooperating entity''
means a State or local entity acting pursuant to an agreement
with the Secretary.
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Migration deterrence program.--The term ``migration
deterrence program'' means an action related to the
repatriation or referral for prosecution of one or more
apprehended individuals for a suspected or confirmed violation
of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
by the Secretary or a cooperating entity.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(8) Unaccompanied alien child.--The term ``unaccompanied
alien child'' has the meaning given such term in section 462 of
the Homeland Security Act of 2002 (6 U.S.C. 279).
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Immigration and Border Security.
Referred to the Subcommittee on Border and Maritime Security.
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