Reunifying Separated Families Act of 2018
This bill directs the Department of Homeland Security (DHS) to reunite each alien child (i.e., under age 18 and no permanent immigration status) who was separated from a parent or legal guardian on or after April 6, 2018, unless a state court or child welfare agency determines that it is in the best interests of the child to remain separated from a parent or legal guardian or there are DHS findings of trafficking or abuse. DHS is subject to a fine of $1,000 per child for each day such child is not reunited with a parent.
The bill prohibits an agent or officer of DHS, the Department of Justice, or the Department of Health and Human Services from removing a child from a parent or legal guardian at or near a port of entry or within 100 miles of the border, unless a state court, child welfare agency, or the Chief Patrol Agent or the Area Port Director make findings relating to the best interests of the child or the threat of trafficking or abuse. No such agent or officer may separate a child from a parent or legal guardian solely for the policy goals of deterring individuals from migrating to the United States or for promoting compliance with civil immigration laws.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6304 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 6304
To direct the Secretary of Homeland Security to reunite alien children
separated from their parent or legal guardian with such parent or legal
guardian, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 3, 2018
Mr. Crist (for himself, Mr. Crowley, Mr. Huffman, Mr. Sean Patrick
Maloney of New York, Ms. Norton, Mr. Soto, Ms. Wilson of Florida, Ms.
Wasserman Schultz, Mr. Hastings, and Mr. Lawson of Florida) 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 direct the Secretary of Homeland Security to reunite alien children
separated from their parent or legal guardian with such parent or legal
guardian, 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 ``Reunifying Separated Families Act of
2018''.
SEC. 2. REUNITING SEPARATED FAMILIES.
(a) In General.--Except as provided in subsection (b), on the date
of the enactment of this Act, the Secretary of Homeland Security, in
consultation with the Attorney General, the Secretary of Health and
Human Services, and the Secretary of State, shall reunite each alien
child who was separated from the child's parent or legal guardian on or
after April 6, 2018.
(b) Exceptions.--The Secretary of Homeland Security shall not
reunite a child described in subsection (a) with such child's parent or
legal guardian from whom the child was separated if--
(1) a State court, authorized under State law, terminated
the rights of the parent or legal guardian, determined that it
is in the best interests of the child to be removed from the
parent or legal guardian, in accordance with the Adoption and
Safe Families Act of 1997 (Public Law 105-89), or made any
similar determination that is legally authorized under State
law;
(2) an official from the State or county child welfare
agency with expertise in child trauma and development made a
best interests determination that it is in the best interests
of the child to be removed from the parent or legal guardian
because the child is in danger of abuse or neglect at the hands
of the parent or legal guardian, or is a danger to herself or
others; or
(3) the separation was based on a finding of an officer or
employee of the Department of Homeland Security that--
(A) the child is a victim of trafficking or is at
significant risk of becoming a victim of trafficking;
(B) there is a strong likelihood that the adult is
not the parent or legal guardian of the child; or
(C) the child is in danger of abuse or neglect at
the hands of the parent or legal guardian, or is a
danger to themselves or others, except that, in the
case that a child is removed from his or her parent or
legal guardian under this section, an independent child
welfare expert licensed by the State or county in which
the child was so removed, authorizes the separation not
later than 48 hours after such removal, and if such
expert does not authorize such separation, the child
shall be reunited with his or her parent or legal
guardian not later than 48 hours after such
determination.
SEC. 3. CIVIL PENALTY.
Beginning on the date that is 30 days after the date of the
enactment of this Act, the Secretary of Homeland Security may be fined
not more than $1,000 per child for each day that a child described in
section 2(a) is not reunited with the child's parent from whom the
child was separated.
SEC. 4. INSPECTOR GENERAL REPORT.
Not later than 90 days after the date of the enactment of this Act,
the Inspector General of the Department of Homeland Security shall
submit a report to Congress on--
(1) whether the location of any children described in
section 2(a) is unknown, and if so, an explanation of why the
location of such children is unknown; and
(2) whether the policy of separating children from their
parents and processing them as unaccompanied alien children was
intended by the Department of Homeland Security to deter
unlawful border crossings.
SEC. 5. LIMITATION ON THE SEPARATION OF FAMILIES.
(a) In General.--An agent or officer of a designated agency shall
be prohibited from removing a child from his or her parent or legal
guardian, at or near the port of entry or within 100 miles of a border
of the United States, unless one of the following has occurred:
(1) A State court, authorized under State law, terminates
the rights of the parent or legal guardian, determines that it
is in the best interests of the child to be removed from the
parent or legal guardian, in accordance with the Adoption and
Safe Families Act of 1997 (Public Law 105-89), or makes any
similar determination that is legally authorized under State
law.
(2) An official from the State or county child welfare
agency with expertise in child trauma and development makes a
best interests determination that it is in the best interests
of the child to be removed from the parent or legal guardian
because the child is in danger of abuse or neglect at the hands
of the parent or legal guardian, or is a danger to herself or
others.
(3) The Chief Patrol Agent or the Area Port Director in
their official and undelegated capacity, authorizes separation
upon the recommendation by an agent or officer, based on a
finding that--
(A) the child is a victim of trafficking or is at
significant risk of becoming a victim of trafficking;
(B) there is a strong likelihood that the adult is
not the parent or legal guardian of the child; or
(C) the child is in danger of abuse or neglect at
the hands of the parent or legal guardian, or is a
danger to themselves or others,
except that, in the case that a child is removed from his or
her parent or legal guardian under this section, an independent
child welfare expert licensed by the State or county in which
the child was so removed, authorizes the separation not later
than 48 hours after such removal, and if such expert does not
authorize such separation, the child shall be reunited with his
or her parent or legal guardian not later than 48 hours after
such determination.
(b) Prohibition on Separation.--
(1) In general.--A designated agency may not remove a child
from a parent or legal guardian solely for the policy goal of
deterring individuals from migrating to the United States or
for the policy goal of promoting compliance with civil
immigration laws.
(2) Penalty for family separation.--Any person who
knowingly separates a child from his or her parent or legal
guardian in violation of this section, shall be fined not more
than $10,000.
(c) Documentation Required.--The Secretary shall ensure that a
separation under subsection (a)(3) is documented in writing and
includes, at a minimum, the reason for such separation, together with
the stated evidence for such separation.
(d) Definitions.--In this section:
(1) The term ``designated agency'' means--
(A) the Department of Homeland Security;
(B) the Department of Justice; and
(C) the Department of Health and Human Services.
(2) The term ``agent or officer'' includes contractors of
the Federal Government.
(3) The term ``child'' means an individual who--
(A) has not reached the age of 18; and
(B) has no permanent immigration status.
(4) The term ``committees of jurisdiction'' means--
(A) the Committee on the Judiciary and the
Committee on Health, Education, Labor, and Pensions of
the Senate; and
(B) the Committee on the Judiciary and the
Committee on Education and the Workforce of the House
of Representatives.
(5) The term ``finding'' means an individualized written
assessment or screening formalized as required under subsection
(c).
(6) The term ``in danger of abuse or neglect at the hands
of the parent or legal guardian'' does not include migrating to
or crossing of a border of the United States.
(7) Unless otherwise specified, the term ``Secretary''
means the Secretary of Homeland Security.
<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 Subcommittee on Border and Maritime Security.
Referred to the Subcommittee on Immigration and Border Security.
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