REUNITE Act

I 117TH CONGRESS 1ST SESSION H. R. 530 To reunite families separated at or near ports of entry, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 28, 2021 Mr. ESPAILLAT (for himself, Mr. BEYER, Ms. BONAMICI, Mr. GARCI´A of Illi- nois, and Ms. JAYAPAL) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To reunite families separated at or near ports of entry, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Reunite Every Unac- 4 companied Newborn Infant, Toddler and other children 5 Expeditiously Act’’ or the ‘‘REUNITE Act’’. 6 SEC. 2. DEFINITIONS. 7 In this Act: 8 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H530.IH H530 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 530 IH (1) APPREHENDED PARENT OR LEGAL GUARD- 1 IAN.—The term ‘‘apprehended parent or legal 2 guardian’’ means an alien who— 3 (A) is 18 years of age or older; 4 (B) is the parent or legal guardian of an 5 alien child; and 6 (C) was apprehended by DHS, the Depart- 7 ment of Justice, or any other entity authorized 8 to enforce section 275 of the Immigration and 9 Nationality Act (8 U.S.C. 1325). 10 (2) BORDER.—The term ‘‘border’’ means an 11 international border of the United States. 12 (3) CHILD.—The term ‘‘child’’ means an alien 13 who— 14 (A) has not reached 18 years of age; and 15 (B) has no permanent immigration status 16 in the United States. 17 (4) DHS.—The term ‘‘DHS’’ means the De- 18 partment of Homeland Security. 19 (5) HHS.—The term ‘‘HHS’’ means the De- 20 partment of Health and Human Services. 21 SEC. 3. REUNIFICATION OF SEPARATED FAMILIES. 22 (a) RULEMAKING.— 23 (1) RULE.—Not later than 10 days after the 24 date of the enactment of this Act, the Secretary of 25 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H530.IH H530 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 530 IH Homeland Security and the Secretary of Health and 1 Human Services, after immediate consultation with 2 humanitarian organizations, child welfare organiza- 3 tions, State child welfare agencies, and States con- 4 tiguous with the border with Mexico, shall promul- 5 gate and publish a rule through a direct final rule 6 that specifically describes the coordinated efforts 7 that DHS and HHS will undertake to aid an appre- 8 hended parent or legal guardian in locating and re- 9 uniting with any children separated from them at or 10 near the port of entry, or within 100 miles of the 11 border, pursuant to applicable law. 12 (2) DEVELOPMENT; SERVICES; PUBLICATION.— 13 The rule promulgated pursuant to paragraph (1) 14 shall— 15 (A) be developed to protect the best inter- 16 ests of affected children; 17 (B) describe all pro bono or government- 18 funded services, including immigration services, 19 available for apprehended parents and legal 20 guardians or affected children; and 21 (C) be made publicly available in writing 22 and on the websites of DHS and HHS. 23 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H530.IH H530 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 530 IH (b) COVERAGE OF JOINT RULE.—The rule published 1 pursuant to subsection (a) shall outline the coordinated 2 efforts of DHS and HHS, including efforts— 3 (1) to develop and conduct family tracing proce- 4 dures, in cooperation with nongovernmental experts 5 in child welfare best practices; 6 (2) to maintain a functional, accessible, fre- 7 quent, and no-cost means for apprehended parents 8 and legal guardians to contact their child through a 9 telephone hotline or visual conferencing— 10 (A) to obtain daily-updated information 11 about the location of their child and all sched- 12 uled immigration proceedings for their child; 13 and 14 (B) to set up opportunities to speak with 15 their child not fewer than 3 times per week, in- 16 cluding at least once by video; 17 (3) to facilitate substantial daily access of non- 18 governmental case workers, child advocates, and 19 legal counsel to children separated from their appre- 20 hended parents and legal guardians to represent 21 these children’s best interests in custody decisions 22 and immigration proceedings; 23 (4) to provide for humanitarian organizations 24 and State and local child welfare agencies in the ju- 25 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H530.IH H530 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 530 IH risdictions in which the children are located to con- 1 duct unannounced, independent weekly inspections 2 of all DHS and HHS facilities at which children 3 who are separated from their apprehended parents 4 or legal guardians are in custody; 5 (5) to coordinate with the Department of State 6 and embassies and consulates of foreign govern- 7 ments to locate apprehended parents and legal 8 guardians of children who have departed from the 9 United States; 10 (6) to provide clear notice to apprehended par- 11 ents and legal guardians of their legal rights, includ- 12 ing— 13 (A) their parental and guardianship rights 14 with respect to their child who has been des- 15 ignated as an unaccompanied alien child; and 16 (B) their right to designate another par- 17 ent, legal guardian, or other qualified adult cus- 18 todian to sponsor and care for such child; 19 (7) to facilitate information sharing by appre- 20 hended parents and legal guardians about any ar- 21 rangements to depart the United States with their 22 consulate, their child, their child’s case worker, legal 23 counsel, child advocate, and other adult custodians 24 in advance of their departure; 25 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H530.IH H530 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 530 IH (8) to provide apprehended parents and legal 1 guardians with order of deportation or removal ac- 2 cess to nongovernmental organizations providing as- 3 sistance with locating and reunifying with their 4 child; 5 (9) to provide cost-free transportation of chil- 6 dren separated from their apprehended parents or 7 legal guardians to reunite with them or another par- 8 ent, legal guardian, or other qualified adult custo- 9 dian to which the children consent; 10 (10) to establish a recordkeeping system that 11 will maintain information to aid the reunification of 12 every child separated from an apprehended parent or 13 legal guardian; 14 (11) to provide free telephone calls between ap- 15 prehended parents or legal guardians and their 16 child; 17 (12) to provide legal counsel to children sepa- 18 rated from their apprehended parents or legal 19 guardians and to ensure that every such child is rep- 20 resented by a licensed attorney; and 21 (13) to otherwise assist with the reunification 22 of separated families. 23 (c) WRITTEN NOTIFICATION.—Shortly after the rule 24 is published pursuant to subsection (a), the Secretary of 25 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H530.IH H530 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 530 IH Homeland Security, the Secretary of Health and Human 1 Services, and the Attorney General shall provide each ap- 2 prehended parent or legal guardian who has been sepa- 3 rated from his or her child written notice, in English, 4 Spanish, or another language understandable by the par- 5 ent or legal guardian, upon request, of any rules or guid- 6 ance that may assist them in their efforts to locate and 7 reunify with their child. 8 (d) REUNIFICATION REQUIRED.—DHS and HHS 9 shall ensure immediate reunification of children that re- 10 main separated from their apprehended parent or legal 11 guardian. 12 (e) OTHER REQUIREMENTS.—DHS and HHS 13 shall— 14 (1) issue a privacy impact assessment related to 15 the use of DNA testing under section 4; and 16 (2) establish a process for redressing violations 17 of the requirements under this section. 18 (f) EXEMPTIONS.—DHS and HHS may not reunite 19 an apprehended parent or legal guardian with their child 20 under this section if— 21 (1) the child has been determined to be a victim 22 of trafficking, or is at significant risk of becoming 23 a victim of trafficking, by that apprehended parent 24 or legal guardian, as determined by a Chief Border 25 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H530.IH H530 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 530 IH Patrol Agent or Customs and Border Protection 1 Area Port Director in their official and undelegated 2 capacity; 3 (2) the child appears to be in danger of abuse 4 or neglect at the hands of the apprehended parent 5 or legal guardian; 6 (3) the child is a danger to himself, herself, or 7 others, as determined by a State court or an official 8 from a State or county child welfare agency in his 9 or her official and undelegated capacity; or 10 (4) there is a strong likelihood that the adult is 11 not the apprehended parent or legal guardian of the 12 child. 13 SEC. 4. DNA TESTING. 14 (a) USE OF OTHER TECHNIQUES.—Before utilizing 15 DNA testing to determine family relationships, DHS and 16 HHS shall use other techniques commonly utilized by 17 United States courts for determining family relationships, 18 including official documents, representations from a wit- 19 ness, parent, relative, or child, and observations of inter- 20 actions between the adult and the child. 21 (b) DNA TESTING.— 22 (1) IN GENERAL.—DNA testing may not be re- 23 quired as a condition of reunification if alternative 24 means of demonstrating a familial relationship have 25 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H530.IH H530 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 530 IH been established. If reasonable suspicions remain 1 about a familial relationship after exhausting the 2 techniques referred to in subsection (a), DNA test- 3 ing may be used. 4 (2) PROTOCOLS.—DHS and HHS shall develop 5 protocols for establishing a familial relationship if an 6 individual does not want to consent to DNA testing 7 or may not have a biological relationship with a 8 child. 9 (3) TYPE OF TEST.—Whenever DNA testing is 10 used, DHS and HHS shall use the least privacy- 11 invasive type of DNA test available to confirm the 12 claimed relationship and may not charge the child or 13 apprehended parent or legal guardian for the costs 14 of conducting such testing. 15 (4) CONSENT.—DHS and HHS shall— 16 (A) obtain the consent of any individual 17 older than 18 years of age before conducting a 18 DNA test; 19 (B) make every effort to obtain the con- 20 sent of a legal guardian before conducting a 21 DNA test on anyone younger than 18 years of 22 age; and 23 (C) destroy DNA samples as soon as pos- 24 sible and not later than 7 days after completing 25 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H530.IH H530 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 530 IH the required DNA matching tests to minimize 1 any potential misuse of genetic information col- 2 lected under this subsection. 3 (c) PROTECTION OF INFORMATION.— 4 (1) IN GENERAL.—If DNA testing is used for 5 the purposes of reunification, DHS and HHS shall 6 ensure the protection of privacy, genetic data, and 7 personal information of children, parents, all individ- 8 uals being tested, and their relatives. 9 (2) OTHER USES PROHIBITED.—DHS, HHS, 10 and private entities may only access, use, or store 11 any personal DNA information collected under this 12 subsection for family reunification purposes and are 13 prohibited from sharing any such information with 14 Federal agencies other than those carrying out the 15 reunification process. Information collected under 16 this section may not be used by the Federal Govern- 17 ment for any other purpose, including criminal or 18 immigration enforcement. 19 (d) DNA MATCH.— 20 (1) REUNIFICATION.—As soon as a DNA 21 match is identified, DHS and HHS shall reunite 22 family members as expeditiously as possible. 23 (2) NO MATCH; NO CONSENT.—A refusal to 24 consent to a DNA test or the failure to identify a 25 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H530.IH H530 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 530 IH match between a child and an apprehended parent 1 may not be used as a basis for concluding that there 2 is no familial relationship between such child and 3 such parent if— 4 (A) the familial relationship is not biologi- 5 cal; or 6 (B) the familial relationship may be estab- 7 lished through alternative means. 8 SEC. 5. ENHANCED PROTECTIONS FOR SEPARATE FAMI- 9 LIES. 10 (a) IN GENERAL.—The Secretary of Homeland Secu- 11 rity shall establish secure alternative programs that incor- 12 porate case management services in each field office of 13 DHS to ensure appearances at immigration proceedings 14 and public safety. 15 (b) ALTERNATIVES TO DETENTION.— 16 (1) CONTRACT AUTHORITY.—The Secretary of 17 Homeland Security shall contract with nongovern- 18 mental, community-based organizations to conduct 19 screening of detainees, provide appearance assist- 20 ance services, and operate community-based super- 21 vision programs. Secure alternatives shall offer a 22 continuum of supervision mechanisms and options, 23 including community support, depending on an as- 24 sessment of each individual’s circumstances. The 25 VerDate Sep 11 2014 23:35 Feb 15, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H530.IH H530 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 530 IH Secretary may contract with nongovernmental orga- 1 nizations to implement secure alternatives that 2 maintain custody over the alien. 3 (2) ELIGIBILITY DETERMINATION.— 4 (A) RELEASE.—The Secretary of Home- 5 land Security shall release each apprehended 6 parent or legal guardian on recognizance, pa- 7 role, or bond, or permit such parent or legal 8 guardian to participate in an alternative to de- 9 tention program, such as the Family Case Man- 10 agement Program authorized under subsection 11 (c), unless the Secretary demonstrates that 12 such participation would create a substantial 13 risk that the apprehended parent or legal 14 guardian is likely to cause harm to himself, her- 15 self, or others. 16 (B) BURDEN OF PROOF.—In order to dem- 17 onstrate that continued detention is necessary, 18 the Secretary shall produce clear and con- 19 vincing evidence of risk factors, including cred- 20 ible and individualize [Text truncated for display. 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