Keep Families Together Act

I 116TH CONGRESS 1ST SESSION H. R. 541 To limit the separation of families at or near ports of entry. IN THE HOUSE OF REPRESENTATIVES JANUARY 14, 2019 Mr. NADLER (for himself, Ms. LOFGREN, Ms. JAYAPAL, Mr. TED LIEU of California, Mr. PANETTA, Mr. AGUILAR, Ms. BARRAGA´N, Ms. BASS, Mrs. BEATTY, Mr. BERA, Mr. BEYER, Mr. BISHOP of Georgia, Mr. BLU- MENAUER, Ms. BLUNT ROCHESTER, Ms. BONAMICI, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. BROWN of Maryland, Ms. BROWNLEY of California, Mrs. BUSTOS, Mr. CARBAJAL, Mr. CA´RDENAS, Mr. CARSON of Indiana, Mr. CARTWRIGHT, Ms. CASTOR of Florida, Mr. CASTRO of Texas, Ms. JUDY CHU of California, Mr. CICILLINE, Mr. CISNEROS, Ms. CLARK of Massachusetts, Ms. CLARKE of New York, Mr. CLAY, Mr. COHEN, Mr. CONNOLLY, Mr. COOPER, Mr. CORREA, Mr. COSTA, Mr. COURTNEY, Mr. COX of California, Mr. CRIST, Mr. CROW, Mr. CUM- MINGS, Mr. DANNY K. DAVIS of Illinois, Mrs. DAVIS of California, Ms. DEAN, Mr. DEFAZIO, Ms. DEGETTE, Ms. DELAURO, Ms. DELBENE, Mrs. DEMINGS, Mr. DEUTCH, Mrs. DINGELL, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. ENGEL, Ms. ESCOBAR, Ms. ESHOO, Mr. ESPAILLAT, Mr. EVANS, Mr. FOSTER, Ms. FRANKEL, Ms. FUDGE, Ms. GABBARD, Mr. GALLEGO, Mr. GARAMENDI, Mr. GARCI´A of Illinois, Ms. GARCIA of Texas, Mr. GOMEZ, Mr. GONZALEZ of Texas, Mr. GRIJALVA, Ms. HAALAND, Mr. HARDER of California, Mr. HASTINGS, Mrs. HAYES, Mr. HECK, Mr. HIG- GINS of New York, Ms. HILL of California, Mr. HIMES, Mr. HORSFORD, Mr. HUFFMAN, Ms. JACKSON LEE, Ms. JOHNSON of Texas, Mr. JOHN- SON of Georgia, Ms. KAPTUR, Mr. KEATING, Ms. KELLY of Illinois, Mr. KENNEDY, Mr. KHANNA, Mr. KILDEE, Mr. KILMER, Mr. KIND, Mr. KRISHNAMOORTHI, Ms. KUSTER of New Hampshire, Mr. LAMB, Mr. LANGEVIN, Mr. LARSEN of Washington, Mr. LARSON of Connecticut, Mrs. LAWRENCE, Mr. LAWSON of Florida, Mr. LEVIN of Michigan, Mr. LEWIS, Mr. LIPINSKI, Mr. LOEBSACK, Mr. LOWENTHAL, Mrs. LOWEY, Mr. LUJA´N, Mrs. LURIA, Mr. LYNCH, Mr. MALINOWSKI, Mrs. CAROLYN B. MALONEY of New York, Mr. SEAN PATRICK MALONEY of New York, Ms. MATSUI, Mr. MCADAMS, Ms. MCCOLLUM, Mr. MCEACHIN, Mr. MCGOVERN, Mr. MCNERNEY, Mr. MEEKS, Ms. MENG, Ms. MOORE, Mr. MORELLE, Mr. MOULTON, Mrs. MURPHY, Mrs. NAPOLITANO, Mr. NEGUSE, Mr. NORCROSS, Ms. NORTON, Mr. O’HALLERAN, Ms. OMAR, Mr. PALLONE, Mr. PASCRELL, Mr. PAYNE, Mr. PERLMUTTER, Mr. VerDate Sep 11 2014 18:14 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H541.IH H541 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 541 IH PETERS, Ms. PINGREE, Ms. PLASKETT, Mr. POCAN, Ms. PORTER, Ms. PRESSLEY, Mr. PRICE of North Carolina, Mr. QUIGLEY, Mr. RASKIN, Miss RICE of New York, Mr. RICHMOND, Mr. ROUDA, Ms. ROYBAL- ALLARD, Mr. RUIZ, Mr. RUPPERSBERGER, Mr. RUSH, Mr. RYAN, Mr. SABLAN, Ms. SA´NCHEZ, Mr. SARBANES, Ms. SCANLON, Ms. SCHA- KOWSKY, Mr. SCHIFF, Mr. SCHNEIDER, Mr. SCHRADER, Ms. SCHRIER, Mr. DAVID SCOTT of Georgia, Mr. SCOTT of Virginia, Mr. SERRANO, Ms. SEWELL of Alabama, Ms. SHALALA, Mr. SHERMAN, Mr. SIRES, Mr. SMITH of Washington, Mr. SOTO, Ms. SPANBERGER, Ms. SPEIER, Mr. STANTON, Mr. SUOZZI, Mr. SWALWELL of California, Mr. TAKANO, Mr. THOMPSON of Mississippi, Mr. THOMPSON of California, Ms. TITUS, Ms. TLAIB, Mr. TONKO, Mrs. TORRES of California, Mr. VARGAS, Mr. VEASEY, Mr. VELA, Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Mrs. WATSON COLEMAN, Mr. WELCH, Ms. WEXTON, Ms. WILD, Ms. WILSON of Florida, and Mr. YARMUTH) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Com- mittee 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 limit the separation of families at or near ports of entry. 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 ‘‘Keep Families To- 4 gether Act’’. 5 SEC. 2. LIMITATION ON THE SEPARATION OF FAMILIES. 6 (a) IN GENERAL.—An agent or officer of a des- 7 ignated agency shall be prohibited from removing a child 8 from his or her parent or legal guardian, at or near the 9 port of entry or within 100 miles of a border of the United 10 States, unless one of the following has occurred: 11 VerDate Sep 11 2014 18:14 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H541.IH H541 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 541 IH (1) A State court, authorized under State law, 1 terminates the rights of the parent or legal guard- 2 ian, determines that it is in the best interests of the 3 child to be removed from the parent or legal guard- 4 ian, in accordance with the Adoption and Safe Fam- 5 ilies Act of 1997 (Public Law 105–89), or makes 6 any similar determination that is legally authorized 7 under State law. 8 (2) An official from the State or county child 9 welfare agency with expertise in child trauma and 10 development makes a best interests determination 11 that it is in the best interests of the child to be re- 12 moved from the parent or legal guardian because the 13 child is in danger of abuse or neglect at the hands 14 of the parent or legal guardian, or is a danger to 15 herself or others. 16 (3) The Chief Patrol Agent or the Area Port 17 Director in their official and undelegated capacity, 18 authorizes separation upon the recommendation by 19 an agent or officer, based on a finding that— 20 (A) the child is a victim of trafficking or 21 is at significant risk of becoming a victim of 22 trafficking; 23 VerDate Sep 11 2014 18:14 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H541.IH H541 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 541 IH (B) there is a strong likelihood that the 1 adult is not the parent or legal guardian of the 2 child; or 3 (C) the child is in danger of abuse or ne- 4 glect at the hands of the parent or legal guard- 5 ian, or is a danger to themselves or others, 6 except that, in the case that a child is removed from 7 his or her parent or legal guardian under this sec- 8 tion, an independent child welfare expert licensed by 9 the State or county in which the child was so re- 10 moved, authorizes the separation not later than 48 11 hours after such removal, and if such expert does 12 not authorize such separation, the child shall be re- 13 united with his or her parent or legal guardian not 14 later than 48 hours after such determination. 15 (b) PROHIBITION ON SEPARATION.— 16 (1) IN GENERAL.—A designated agency may 17 not remove a child from a parent or legal guardian 18 solely for the policy goal of deterring individuals 19 from migrating to the United States or for the pol- 20 icy goal of promoting compliance with civil immigra- 21 tion laws. 22 (2) PENALTY FOR FAMILY SEPARATION.—Any 23 person who knowingly separates a child from his or 24 VerDate Sep 11 2014 18:14 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H541.IH H541 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 541 IH her parent or legal guardian in violation of this sec- 1 tion, shall be fined not more than $10,000. 2 (c) DOCUMENTATION REQUIRED.—The Secretary 3 shall ensure that a separation under subsection (a)(3) is 4 documented in writing and includes, at a minimum, the 5 reason for such separation, together with the stated evi- 6 dence for such separation. 7 SEC. 3. RECOMMENDATIONS FOR SEPARATION BY AGENTS 8 OR OFFICERS. 9 (a) IN GENERAL.—Not later than 180 days after the 10 date of the enactment of this Act, the Secretary, in con- 11 sultation with the Secretary of Health and Human Serv- 12 ices and with child welfare and child development profes- 13 sionals and organizations, shall develop training and guid- 14 ance, with an emphasis on the best interests of the child, 15 childhood trauma, attachment, and child development, for 16 use by agents and officers of designated agencies, in order 17 to standardize the implementation of section 2(a)(3). 18 (b) ANNUAL REVIEW.—Not less frequently than an- 19 nually, the Secretary of Health and Human Services shall 20 review the guidance developed under subsection (a) and 21 make recommendations to the Secretary to ensure such 22 guidance is in accordance with current evidence and best 23 practices in child welfare, child development, and child- 24 hood trauma. 25 VerDate Sep 11 2014 18:14 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H541.IH H541 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 541 IH (c) REQUIREMENT.—The guidance under subsection 1 (a) shall incorporate the presumptions described in section 2 4. 3 (d) ADDITIONAL REQUIREMENTS.— 4 (1) EVIDENCE-BASED.—The guidance and 5 training developed under this section shall incor- 6 porate evidence-based practices. 7 (2) TRAINING REQUIRED.— 8 (A) All agents and officers of designated 9 agencies, upon hire, and annually thereafter, 10 shall complete training on adherence to the 11 guidance under this section. 12 (B) All Chief Patrol Agents and Area Port 13 Directors, upon hire, and annually thereafter, 14 shall complete— 15 (i) training on adherence to the guid- 16 ance under this section; and 17 (ii) 90 minutes of child welfare prac- 18 tice training that is evidence-based and 19 trauma-informed. 20 SEC. 4. PRESUMPTIONS. 21 The presumptions described in this section are the 22 following: 23 (1) FAMILY UNITY.—There shall be a strong 24 presumption in favor of family unity. 25 VerDate Sep 11 2014 18:14 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H541.IH H541 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 541 IH (2) SIBLINGS.—To the maximum extent prac- 1 ticable, the Secretary shall ensure that sibling 2 groups remain intact. 3 (3) DETENTION.—In general, there is a pre- 4 sumption that detention is not in the best interests 5 of families and children. 6 SEC. 5. REQUIRED POLICY FOR LOCATING SEPARATED 7 CHILDREN. 8 (a) IN GENERAL.—Not later than 180 days after the 9 after the date of the enactment of this Act, the Secretary 10 shall publish final public guidance that describes, with 11 specificity, the manner in which a parent or legal guardian 12 may locate a child who was separated from the parent or 13 legal guardian under section 2(a). In developing the public 14 guidance, the Secretary shall consult with the Secretary 15 of Health and Human Services, immigrant advocacy orga- 16 nizations, child welfare organizations, and State child wel- 17 fare agencies. 18 (b) WRITTEN NOTIFICATION.—The Secretary shall 19 provide each parent or legal guardian who was separated, 20 with written notice of the public guidance to locate a sepa- 21 rated child. 22 (c) LANGUAGE ACCESS.—All guidance shall be avail- 23 able in English and Spanish, and at the request of the 24 parent or legal guardian, either in the parent or legal 25 VerDate Sep 11 2014 18:14 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H541.IH H541 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 541 IH guardian’s native language or in another language the 1 parent or legal guardian understands, and manner that 2 is understandable by the parent or legal guardian. 3 SEC. 6. REQUIRED INFORMATION FOR SEPARATED FAMI- 4 LIES. 5 (a) IN GENERAL.—Except as provided under sub- 6 section (c), the Secretary of Health and Human Services, 7 in consultation with the heads of other designated agen- 8 cies, on a weekly basis, shall provide the parent or legal 9 guardian of a child who was separated, the following infor- 10 mation, at a minimum: 11 (1) A status report on the child’s activities dur- 12 ing the prior week. 13 (2) Information about the education and health 14 of the child, including any medical treatment pro- 15 vided to the child or medical treatment rec- 16 ommended for the child. 17 (3) Information about changes to the child’s 18 immigration status. 19 (4) Other information about the child, designed 20 to promote and maintain family reunification, as the 21 Secretary of Health and Human Services determines 22 in his or her discretion. 23 (b) PHONE COMMUNICATION.—Except as provided 24 under subsection (c), the Secretary of Health and Human 25 VerDate Sep 11 2014 18:14 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H541.IH H541 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 541 IH Services, in consultation with the heads of other des- 1 ignated agencies, on a weekly basis, shall provide the par- 2 ent or legal guardian of a child who was separated with 3 phone communication between the parent or legal guard- 4 ian and his or her child. 5 (c) EXCEPTION.—No information under subsection 6 (a) or phone communication under subsection (b) shall be 7 provided to a parent or legal guardian in the case that 8 a qualified child welfare expert with care and custody of 9 the child, a child’s advocate, the child’s legal representa- 10 tion, or the child him or herself concludes it is harmful 11 or dangerous to the child to communicate with the parent 12 or legal guardian. 13 SEC. 7. ANNUAL REPORT ON FAMILY SEPARATION. 14 Not later than 180 days after the date of the enact- 15 ment of this Act, and every 6 months thereafter, the Sec- 16 retary, in consultation with the heads of other designated 17 agencies, shall submit a report to the committees of juris- 18 diction, describing each instance in which a child was sep- 19 arated from a parent or legal guardian, including the fol- 20 lowing: 21 (1) The relationship of the adult to the child. 22 (2) The age and gender of the adult and child. 23 (3) The length of separation. 24 VerDate Sep 11 2014 18:14 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H541.IH H541 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 541 IH (4) Whether the adult was charged with a 1 crime, and if the adult was charged with a crime, 2 the type of crime. 3 (5) Whether the adult made a claim for asylum, 4 expressed a fear to return, or applied for other im- 5 migration relief. 6 (6) Whether the adult was prosecuted if 7 charged with a crime and the associated outcome of 8 such charges. 9 (7) Whether a referral for investigation was 10 made to a child welfare or law enforcement agency 11 when section 2(a)(3) was the justification for sepa- 12 ration. 13 (8) The stated reason for, and evidence in sup- 14 port of, the separation. 15 (9) If the child was part of a sibling group at 16 the time of the separation, whether the group has 17 had physical contact and visitation. 18 (10) Whether the child was rendered an unac- 19 companied alien child. 20 (11) Other information in the Secretary’s dis- 21 cretion. 22 SEC. 8. CLARIFICATION OF PARENTAL RIGHTS. 23 If a child is separated from a parent or legal guard- 24 ian, and a State court has not made a determination that 2 [Text truncated for display. Full text available on Congress.gov.]