No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4723 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4723
To limit the separation of families at or near ports of entry.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 11 (legislative day, July 10), 2024
Ms. Butler (for herself, Mr. Schatz, Ms. Baldwin, Mr. Blumenthal, Mr.
Booker, Ms. Cortez Masto, Ms. Duckworth, Mr. Fetterman, Ms. Hirono, Mr.
King, Mr. Lujan, Mr. Merkley, Ms. Rosen, Mr. Sanders, Mrs. Shaheen, Mr.
Van Hollen, Ms. Warren, and Mr. Welch) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To limit the separation of families at or near ports of entry.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Keep Families
Together Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Limitation on the separation of families.
Sec. 4. Recommendations for separation by agents or officers.
Sec. 5. Presumptions.
Sec. 6. Required policy for locating separated children.
Sec. 7. Required information for separated families.
Sec. 8. Annual report on family separation.
Sec. 9. Clarifications.
Sec. 10. GAO report on prosecution of asylum seekers.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agent; officer.--The terms ``agent'' and ``officer''
include contractors for the Federal Government.
(2) Child.--The term ``child'' means an individual who--
(A) has not reached 18 years of age; and
(B) has no permanent immigration status in the
United States.
(3) Committees of jurisdiction.--The term ``committees of
jurisdiction'' means--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on Education and the Workforce of
the House of Representatives.
(4) Danger of abuse or neglect at the hands of the parent
or legal guardian.--The term ``danger of abuse or neglect at
the hands of the parent or legal guardian'' does not include
dangers directly relating to migrating to or crossing the
United States border.
(5) Designated agency.--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.
(6) Finding.--The term ``finding'' means an individualized
written assessment or screening by a trained agent or officer
that includes a consultation with a child welfare specialist
that has been formalized in accordance with sections 3(c), 4,
5, and 9.
(7) Secretary.--Unless otherwise specified, the term
``Secretary'' means the Secretary of Homeland Security.
SEC. 3. 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 the
border of the United States, unless--
(1) a State court, authorized under State law, terminates
the rights of a parent or legal guardian, determines that it is
in the best interests of the child to be removed from his or
her 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 his or her 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 Chief Patrol Agent or the Area Port Director, in
his or her official and undelegated capacity, authorizes
separation upon the recommendation by an agent or officer and
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.
(b) Prohibition on Separation.--An agency may not remove a child
from a parent or legal guardian solely for the policy goal of--
(1) deterring individuals from migrating to the United
States; or
(2) promoting compliance with civil immigration laws.
(c) Documentation Required.--The Secretary shall ensure that any
separation authorized under subsection (a)(3)--
(1) is documented in writing; and
(2) includes (at a minimum)--
(A) the reason for such separation; and
(B) the stated evidence for such separation.
SEC. 4. RECOMMENDATIONS FOR SEPARATION BY AGENTS OR OFFICERS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with the
Secretary of Health and Human Services, shall develop training and
guidance, with an emphasis on the best interests of the child,
childhood trauma, attachment, and child development, for use by the
agents and officers, in order to standardize the implementation of
section 3(a)(3).
(b) Annual Review.--Not less frequently than annually, the
Secretary of Health and Human Services shall--
(1) review the guidance developed pursuant to subsection
(a); and
(2) submit recommendations to the Secretary to ensure such
guidance is in accordance with current evidence and best
practices in child welfare, child development, and childhood
trauma.
(c) Requirement.--The guidance developed pursuant to subsection (a)
shall incorporate the presumptions described in section 5.
(d) Additional Requirements.--
(1) Evidence-based.--The guidance and training developed
pursuant to this section shall incorporate evidence-based
practices.
(2) Training required.--
(A) Agents and officers.--All agents and officers
of designated agencies, upon hire, and annually
thereafter, shall complete training on adherence to the
guidance developed pursuant to subsection (a).
(B) Management.--All Chief Patrol Agents and Area
Port Directors, upon hire, and annually thereafter,
shall complete--
(i) training on adherence to the guidance
developed pursuant to subsection (a); and
(ii) 90 minutes of child welfare practice
training that is evidence-based and trauma-
informed.
SEC. 5. PRESUMPTIONS.
In this Act--
(1) there shall be a strong presumption in favor of family
unity;
(2) the Secretary shall ensure, to the maximum extent
practicable, that sibling groups remain intact; and
(3) there is a presumption that detention is not in the
best interests of families and children.
SEC. 6. REQUIRED POLICY FOR LOCATING SEPARATED CHILDREN.
(a) Development.--
(1) In general.--The Secretary, in consultation with the
Secretary of Health and Human Services, immigrant advocacy
organizations, child welfare organizations, and State child
welfare agencies, shall develop public guidance that describes,
with specificity, the manner in which a parent or legal
guardian may locate a child who was separated from the parent
or legal guardian pursuant to section 3(a).
(2) Publication.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall publish the
final public guidance developed pursuant to paragraph (1).
(b) Written Notification.--The Secretary shall provide each parent
or legal guardian who is separated from a child pursuant to section
3(a) with written notice of the public guidance to locate the separated
child.
(c) Language Access.--All guidance developed pursuant to subsection
(a) shall be available--
(1) in English and Spanish; and
(2) at the request of a parent or legal guardian, in the
language or manner that is understandable by such parent or
legal guardian.
SEC. 7. REQUIRED INFORMATION FOR SEPARATED FAMILIES.
Not less frequently than monthly, the Secretary shall provide the
parent or legal guardian of a child from whom he or she was separated
with--
(1) a status report on the monthly activities of such
child;
(2) information about the education and health of such
child, including any medical treatment provided to the child or
medical treatment recommended for the child;
(3) information about changes to such child's immigration
status; and
(4) other information about such child, which shall be
designed to promote and maintain family reunification, as
determined by the Secretary.
SEC. 8. ANNUAL REPORT ON FAMILY SEPARATION.
Not later than 1 year after the date of the enactment of this Act,
and annually thereafter, the Secretary shall submit a report to the
committees of jurisdiction that describes each instance in which a
child was separated from a parent or legal guardian and includes, for
each such instance--
(1) the relationship of the adult and the child;
(2) the age and gender of the adult and child;
(3) the length of separation;
(4) whether the adult was charged with a crime, and if the
adult was charged with a crime, the type of crime;
(5) whether the adult made a claim for asylum, expressed a
fear to return, or applied for other immigration relief;
(6) whether the adult was prosecuted if charged with a
crime and the associated outcome of such charges;
(7) the stated reason for, and evidence in support of, the
separation;
(8) if the child was part of a sibling group at the time of
separation, whether the sibling group has had physical contact
and visitation;
(9) whether the child was rendered an unaccompanied alien
child; and
(10) other information in the Secretary's discretion.
SEC. 9. CLARIFICATIONS.
(a) Parental Rights.--
(1) In general.--If a child is separated from a parent or
legal guardian, and a State court has not made a determination
that the parental rights of such parent or legal guardian have
been terminated, there is a presumption that--
(A) the parental rights remain intact; and
(B) such separation does not constitute an
affirmative determination of abuse or neglect under
Federal or State law.
(2) Rule of construction.--Nothing in this Act may be
construed to limit any independent rights that a parent, legal
guardian, or child may have under any source of law, including
the Settlement Agreement in Ms. L. v. ICE, 18-cv-00428 (S.D.
Cal. Dec. 11, 2023).
(b) Rules of Construction.--
(1) Federal law.--Nothing in this Act may be construed to
supersede or modify Federal child welfare law, as applicable,
including the Adoption and Safe Families Act of 1997 (Public
Law 105-89).
(2) State law.--Nothing in this Act may be construed to
supersede or modify State child welfare laws, as applicable.
SEC. 10. GAO REPORT ON PROSECUTION OF ASYLUM SEEKERS.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the prosecution of asylum seekers during the period
beginning on January 1, 2014 and ending on December 31, 2023,
including--
(1) the total number of persons who claimed a fear of
persecution, received a favorable credible fear determination,
and were referred for prosecution;
(2) an overview and analysis of the metrics used by the
Department of Homeland Security and the Department of Justice
to track the number of asylum seekers referred for prosecution;
(3) the total number of asylum seekers referred for
prosecution, a breakdown and description of the criminal
charges filed against asylum seekers during such period, and a
breakdown and description of the convictions secured;
(4) the total number of asylum seekers who were separated
from their children as a result of being referred for
prosecution;
(5) a breakdown of the resources spent on prosecuting
asylum seekers during such period, as well as any diversion of
resources required to prosecute asylum seekers, and any costs
imposed on States and localities;
(6) the total number of asylum seekers who were referred
for prosecution and also went through immigration proceedings;
and
(7) the total number of asylum seekers referred for
prosecution who were deported before going through immigration
proceedings.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit a report to Congress
that includes the results of the study conducted pursuant to subsection
(a).
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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