REUNITE Act

II 116TH CONGRESS 1ST SESSION S. 557 To reunite families separated at or near ports of entry. IN THE SENATE OF THE UNITED STATES FEBRUARY 26, 2019 Ms. HARRIS (for herself, Mr. MERKLEY, Ms. CORTEZ MASTO, Mr. BLUMENTHAL, Mr. WYDEN, Mr. MARKEY, Mr. BENNET, Ms. DUCKWORTH, Mr. SANDERS, Ms. SMITH, Ms. WARREN, Mr. BOOKER, Ms. KLOBUCHAR, Mrs. GILLIBRAND, Mr. KAINE, and Mr. CARPER) intro- duced the following bill; which was read twice and referred to the Com- mittee on the Judiciary A BILL To reunite families separated 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 TITLES. 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 21:21 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S557.IS S557 pbinns on DSK79D2C42PROD with BILLS 2 •S 557 IS (1) AGENCIES.—The term ‘‘agencies’’ means 1 the Department of Homeland Security and the De- 2 partment of Health and Human Services. 3 (2) APPREHENDED PARENT OR LEGAL GUARD- 4 IAN.—The term ‘‘apprehended parent or legal 5 guardian’’ means an alien who— 6 (A) is 18 years of age or older; 7 (B) is the parent or legal guardian of an 8 alien child; and 9 (C) was apprehended by the Department 10 of Homeland Security, the Department of Jus- 11 tice, or any other entity authorized to enforce 12 section 275 of the Immigration and Nationality 13 Act (8 U.S.C. 1325). 14 (3) BORDER.—The term ‘‘border’’ means an 15 international border of the United States. 16 (4) CHILD.—The term ‘‘child’’ means an alien 17 who— 18 (A) has not attained 18 years of age; and 19 (B) has no permanent immigration status 20 in the United States. 21 (5) DHS.—The term ‘‘DHS’’ means the De- 22 partment of Homeland Security. 23 (6) HHS.—The term ‘‘HHS’’ means the De- 24 partment of Health and Human Services. 25 VerDate Sep 11 2014 21:21 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S557.IS S557 pbinns on DSK79D2C42PROD with BILLS 3 •S 557 IS SEC. 3. REUNIFICATION OF SEPARATED FAMILIES. 1 (a) RULEMAKING.— 2 (1) GUIDANCE.—Not later than 10 days after 3 the date of the enactment of this Act, the Secretary 4 of Homeland Security and the Secretary of Health 5 and Human Services, after consultation with human- 6 itarian organizations, child welfare organizations, 7 State child welfare agencies, and States contiguous 8 to the border with Mexico, shall promulgate and 9 publish guidance through a direct final rule that 10 specifically describes the coordinated efforts that the 11 agencies will undertake to aid an apprehended par- 12 ent or legal guardian in locating and reuniting with 13 any children separated from them at or near the 14 port of entry, or within 100 miles of the border, pur- 15 suant to applicable law. 16 (2) DEVELOPMENT; SERVICES; PUBLICATION.— 17 The guidance promulgated pursuant to paragraph 18 (1)— 19 (A) shall be developed to protect the best 20 interests of affected children; 21 (B) shall describe all pro bono or govern- 22 ment-funded services, including immigration 23 services, available for apprehended parents and 24 legal guardians or affected children; and 25 VerDate Sep 11 2014 21:21 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S557.IS S557 pbinns on DSK79D2C42PROD with BILLS 4 •S 557 IS (C) shall be made publicly available in 1 writing and on the websites of the agencies. 2 (b) COVERAGE OF JOINT GUIDANCE.—The guidance 3 published pursuant to subsection (a) shall outline the 4 agencies’ coordinated efforts, including efforts— 5 (1) to develop and conduct family tracing proce- 6 dures, in cooperation with nongovernmental experts 7 in child welfare best practices; 8 (2) to maintain a functional, accessible, fre- 9 quent, and no cost means for apprehended parents 10 and legal guardians to contact their children through 11 a telephone hotline or visual conferencing— 12 (A) to obtain daily-updated information 13 about the location of their children and all 14 scheduled immigration proceedings for their 15 children; and 16 (B) to set up opportunities to speak with 17 their child not fewer than 3 times per week, in- 18 cluding at least once per week by video; 19 (3) to facilitate substantial daily access of non- 20 governmental case workers, child advocates, and 21 legal counsel to children separated from their par- 22 ents and legal guardians to represent these chil- 23 dren’s best interests in custody decisions and immi- 24 gration proceedings; 25 VerDate Sep 11 2014 21:21 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S557.IS S557 pbinns on DSK79D2C42PROD with BILLS 5 •S 557 IS (4) to provide for humanitarian organizations 1 and State and local child welfare agencies in the ju- 2 risdictions in which the children are located to con- 3 duct unannounced, independent weekly inspections 4 of all DHS and HHS facilities at which children 5 who are separated from their apprehended parents 6 or legal guardians are in custody; 7 (5) to coordinate with the Department of State 8 and embassies and consulates of foreign govern- 9 ments to locate apprehended parents and legal 10 guardians of children who have departed from the 11 United States; 12 (6) to provide clear notice to apprehended par- 13 ents and legal guardians of their legal rights, includ- 14 ing— 15 (A) their parental and guardianship rights 16 with respect to their children who have been 17 designated as unaccompanied alien children; 18 and 19 (B) their right to designate another par- 20 ent, legal guardian, or other qualified adult cus- 21 todian to sponsor and care for such children; 22 (7) to facilitate information sharing by parents 23 and legal guardians about any arrangements to de- 24 part the United States with their consulate, their 25 VerDate Sep 11 2014 21:21 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S557.IS S557 pbinns on DSK79D2C42PROD with BILLS 6 •S 557 IS children, their children’s case worker, legal counsel, 1 child advocate, and other adult custodians in ad- 2 vance of their departure; 3 (8) to provide parents and legal guardians with 4 an order of deportation or removal access to non- 5 governmental organizations providing assistance 6 with locating and reunifying their children; 7 (9) to provide cost-free transportation of chil- 8 dren separated from their parents or legal guardians 9 to reunite with them or another parent, legal guard- 10 ian, or other qualified adult custodian to which the 11 children consent; 12 (10) to establish a recordkeeping system that 13 will maintain information to aid the reunification of 14 every child separated from an apprehended parent or 15 legal guardian; 16 (11) to provide free telephone calls between ap- 17 prehended parents and their children; and 18 (12) to otherwise assist with the reunification 19 of separated families. 20 (c) WRITTEN NOTIFICATION.—Shortly after guid- 21 ance is published pursuant to subsection (a), the Secretary 22 of Homeland Security, the Secretary of Health and 23 Human Services, and the Attorney General shall provide 24 each apprehended parent or legal guardian who has been 25 VerDate Sep 11 2014 21:21 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S557.IS S557 pbinns on DSK79D2C42PROD with BILLS 7 •S 557 IS separated from his or her child with written notice, in 1 English, Spanish, or another language understandable by 2 the parent or legal guardian, upon request, of any guid- 3 ance that may assist them in their efforts to locate and 4 reunify with their children. 5 (d) REUNIFICATION REQUIRED.—The agencies shall 6 ensure immediate reunification of children that remain 7 separated from their apprehended parent or guardian. 8 (e) OTHER REQUIREMENTS.—The agencies shall— 9 (1) issue a privacy impact assessment related to 10 the use of DNA testing under the section; and 11 (2) establish a process for redressing violations 12 of the requirements under this section. 13 (f) EXEMPTIONS.—The agencies may not reunite an 14 apprehended parent or legal guardian with a separated 15 child under this section if— 16 (1) the child has been determined to be a victim 17 of trafficking, or is at significant risk of becoming 18 a victim of trafficking, by that apprehended parent 19 or guardian, as determined by a Chief Border Patrol 20 Agent or Customs and Border Protection Area Port 21 Director in their official and undelegated capacity; 22 (2) the child appears to be in danger of abuse 23 or neglect at the hands of the apprehended parent 24 or legal guardian; 25 VerDate Sep 11 2014 21:21 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S557.IS S557 pbinns on DSK79D2C42PROD with BILLS 8 •S 557 IS (3) the child is a danger to himself, herself, or 1 others, as determined by a State court or an official 2 from a State or county child welfare agency in his 3 or her official and undelegated capacity; or 4 (4) there is a strong likelihood that the adult is 5 not the apprehended parent or legal guardian of the 6 child. 7 SEC. 4. DNA TESTING. 8 (a) USE OF OTHER TECHNIQUES.—Before utilizing 9 DNA testing to determine family relationships, agencies 10 shall use other techniques commonly utilized by United 11 States courts for determining family relationships, includ- 12 ing— 13 (1) official documents; 14 (2) representations from a witness, parent, rel- 15 ative, or child; and 16 (3) observations of interactions between the 17 adult and the child. 18 (b) DNA TESTING.— 19 (1) IN GENERAL.—DNA testing may not be re- 20 quired as a condition of reunification if alternative 21 means of demonstrating a familial relationship have 22 been established. If reasonable suspicions remain 23 about a familial relationship after exhausting the 24 VerDate Sep 11 2014 21:21 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S557.IS S557 pbinns on DSK79D2C42PROD with BILLS 9 •S 557 IS techniques referred to in subsection (a), DNA test- 1 ing may be used. 2 (2) PROTOCOLS.—The agencies shall develop 3 protocols for establishing a familial relationship if an 4 individual does not consent to DNA testing or may 5 not have a biological relationship with the child. 6 (3) TYPE OF TEST.—Whenever DNA testing is 7 used, the agencies— 8 (A) shall use the least privacy-invasive type 9 of DNA test available to confirm the claimed 10 relationship; and 11 (B) may not charge the child or appre- 12 hended parent or guardian for the costs of con- 13 ducting such test. 14 (4) CONSENT.—The agencies shall— 15 (A) obtain the consent of any individual 16 who is older than 18 years of age before con- 17 ducting a DNA test; 18 (B) make every effort to obtain the con- 19 sent of a guardian before conducting a DNA 20 test on anyone who is younger than 18 years of 21 age; and 22 (C) destroy DNA samples as soon as pos- 23 sible, and not later than 7 days after com- 24 pleting the required DNA matching tests, to 25 VerDate Sep 11 2014 21:21 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S557.IS S557 pbinns on DSK79D2C42PROD with BILLS 10 •S 557 IS minimize any potential misuse of genetic infor- 1 mation collected under this subsection. 2 (c) PROTECTION OF INFORMATION.— 3 (1) IN GENERAL.—If DNA testing is used for 4 the purposes of reunification, the agencies shall en- 5 sure the protection of privacy, genetic data, and per- 6 sonal information of children, parents, all individuals 7 being tested, and their relatives. 8 (2) OTHER USES PROHIBITED.—Agencies and 9 private entities may only access, use, or store any 10 personal DNA information collected under this sub- 11 section for family reunification purposes and are 12 prohibited from sharing any such data or samples 13 with agencies other than those carrying out the re- 14 unification process. Information collected under this 15 section may not be used by any agency or contractor 16 for any other purpose, including criminal or immi- 17 gration enforcement. 18 (d) DNA MATCH.— 19 (1) REUNIFICATION.—As soon as a DNA 20 match is identified, the agencies shall reunite family 21 members as expeditiously as possible. 22 (2) NO MATCH; NO CONSENT.—A refusal to 23 consent to a DNA test or the failure to identify a 24 match between a child and an apprehended parent 25 VerDate Sep 11 2014 21:21 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S557.IS S557 pbinns on DSK79D2C42PROD with BILLS 11 •S 557 IS may not be used as a basis for concluding that there 1 is no familial relationship between a such child and 2 such parent if— 3 (A) the familial relationship is not biologi- 4 cal; or 5 (B) the familial relationship may be estab- 6 lished through alternate means. 7 SEC. 5. ENHANCED PROTECTIONS FOR SEPARATE FAMI- 8 LIES. 9 (a) IN GENERAL.—The Secretary of Homeland Secu- 10 rity shall establish secure alternatives programs that in- 11 corporate case management services in each field office of 12 the Department of Homeland Security to ensure appear- 13 ances at immigration proceedings and public safety. 14 (b) ALTERNATIVES TO DETENTION.— 15 (1) CONTRACT AUTHORITY.—The Secretary of 16 Homeland Security shall contract with nongovern- 17 mental, community-based organizations to conduct 18 screening of detainees, provide appearance assist- 19 ance services, and operate community-based super- 20 vision programs. Secure alternatives shall offer a 21 continuum of supervision mechanisms and options, 22 including community support, depending on an as- 23 sessment of each individual’s circumstances. The 24 Secretary may contract with nongovernmental orga- 25 VerDate Sep 11 2014 21:21 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S557.IS S557 pbinns on DSK79D2C42PROD with BILLS 12 •S 557 IS nizations to implement secure alternatives that 1 maintain custody over the alien. 2 (2) ELIGIBILITY DETERMINATION.— 3 (A) RELEASE.—The Secretary of Home- 4 land Security shall release each apprehended 5 parent or legal guardian on recognizance, pa- 6 role, or bond, or permit such parent or legal 7 guardian to participate in an alternative to de- 8 tention program, such as the Family Case Man- 9 agement Program authorized under subsection 10 (c), unless the Secretary demonstrates that 11 such participation would create a substantial 12 risk that the apprehended parent or legal 13 guardian is likely to cause harm to himself, her- 14 self, or others. 15 (B) BURDEN OF PROOF.—In order to dem- 16 onstrate that continued detention is necessary, 17 the Secretary shall produce c [Text truncated for display. 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