Reunite Separated Families Act of 2018

Family Unity Rights and Protection Act

This bill requires the Departments of Health and Human Services, Homeland Security, State, and Defense to ensure that alien children (i.e., children under the age of 18 removed from their parents or legal guardians at or near a port of entry or within 100 miles of the U.S. border pursuant to a zero tolerance policy for criminal illegal reentry) are reunited at the earliest possible date with their parents and guardians from whom they were separated. It also requires notification of parents and guardians of procedures for reuniting with such children and for the location of such children.

The bill requires the creation of an electronic registry for information used to locate such alien children and their parents and guardians. The information in such registry may only be used for locating such children and may not be used in any criminal prosecution or other immigration proceeding.

The bill also sets forth conditions on the termination of parental rights in immigration proceedings and requires the consolidation of asylum and immigration proceedings involving alien children.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6326 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6326

  To temporarily restrict the removal of alien parents separated from 
                their children, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2018

  Mr. Capuano (for himself, Mr. Correa, Ms. Tsongas, Mr. Keating, Ms. 
  Clark of Massachusetts, Mr. McGovern, and Ms. Meng) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To temporarily restrict the removal of alien parents separated from 
                their children, 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 ``Reunite Separated Families Act of 
2018''.

SEC. 2. RESTRICTION ON DEPORTING SEPARATED ALIEN PARENTS.

    (a) In General.--Notwithstanding any other provision of law or 
judicial order, no covered alien may be removed from the United States 
during the period beginning on the date of the enactment of this Act, 
and ending on the date on which a Federal law is enacted preventing the 
separation of aliens entering the United States with a child who has 
not attained 18 years of age from such child.
    (b) Covered Alien.--The term ``covered alien'' means an alien who--
            (1) entered the United States on or after April 6, 2018 
        with the alien's child who had not attained 18 years of age;
            (2) was separated from such child; and
            (3) was charged only with a misdemeanor offense under 
        section 275(a) of the Immigration and Nationality Act (8 U.S.C. 
        1325(a)).

SEC. 3. REUNITING FAMILIES.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Secretary of Health and Human Services and the 
Attorney General, shall reunite each covered alien with the covered 
alien's child, if both the alien and child are physically present in 
the United States.
    (b) Expedited Background Checks.--Notwithstanding any other 
provision of law, the Secretary of Homeland Security, in consultation 
with the Secretary of Health and Human Services, and the Attorney 
General, shall expedite any background check on a covered alien that is 
otherwise required to reunite the covered alien with the covered 
alien's child.

SEC. 4. ADDRESSING THE NEEDS OF CHILDREN AND FAMILIES.

    (a) Communication.--The Secretary of Homeland Security, in 
consultation with the Secretary of Health and Human Services and the 
Attorney General, shall ensure that covered aliens and their children 
from whom they have been separated, are able to communicate while 
detained in the United States.
    (b) Psycho-Social Needs of Children.--The Secretary of Health and 
Human Services, in consultation with the Secretary of Homeland 
Security, in consultation with the American Academy of Pediatrics and 
other appropriate groups, shall take measures to address the psycho-
social needs of children separated from their covered alien parent.

SEC. 5. REPORT TO CONGRESS.

    Not later than 60 days after the date of the enactment of this Act, 
the Secretary of Homeland Security, in consultation with the Secretary 
of Health and Human Services and the Attorney General, shall submit to 
Congress a report on--
            (1) the progress made in carrying out the requirement under 
        section 3, including the actions taken to carry out such 
        requirement;
            (2) the conditions of the detention facilities at which 
        covered aliens and their children are housed; and
            (3) the actions taken to carry out the requirements under 
        section 4.

SEC. 6. DETENTION OF ALIEN FAMILIES.

    A covered alien who is reunited with the alien's child pursuant to 
section 3, who remains in detention after being so reunited, shall be 
detained with the alien's child for a period not exceeding 20 days. At 
the conclusion of the 20-day period, the covered alien and the alien's 
child shall be released. Such release may include conditions to ensure 
the appearance of the covered alien at any subsequent required 
immigration reporting and court proceedings, at which the alien shall 
be provided access to counsel.
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