Strategic and Humane Southern Border Migrant Response Act

I 116TH CONGRESS 1ST SESSION H. R. 3731 To respond to the Northern Triangle migrant surge at the southern border in a strategic and humane manner, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 11, 2019 Mr. THOMPSON of Mississippi (for himself, Miss RICE of New York, Mr. KHANNA, Mr. CLEAVER, Mrs. WATSON COLEMAN, Ms. CLARKE of New York, Ms. BARRAGA´N, Ms. UNDERWOOD, Ms. SLOTKIN, Mr. CORREA, Mr. RICHMOND, Mr. MCGOVERN, Mrs. DEMINGS, Ms. TITUS, Ms. NOR- TON, Ms. JACKSON LEE, Mr. LANGEVIN, Mr. PAYNE, and Mr. GREEN of Texas) introduced the following bill; which was referred to the Com- mittee on the Judiciary, and in addition to the Committees on Homeland Security, Foreign Affairs, Agriculture, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To respond to the Northern Triangle migrant surge at the southern border in a strategic and humane manner, 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 VerDate Sep 11 2014 21:43 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3731.IH H3731 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3731 IH SECTION 1. SHORT TITLE; DEFINITIONS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Strategic and Humane Southern Border Migrant Re- 3 sponse Act’’. 4 (b) DEFINITIONS.—For the purposes of this Act: 5 (1) The term ‘‘family member’’ means an indi- 6 vidual who is— 7 (A) a parent or legal guardian; 8 (B) a spouse; 9 (C) a child; 10 (D) a step-family member; 11 (E) an immediate family member, to in- 12 clude adult siblings; or 13 (F) an extended family member, to include 14 aunts, uncles, adult cousins, and grandparents. 15 (2) The term ‘‘Flores Settlement Agreement’’ 16 means the stipulated settlement agreement filed on 17 January 17, 1997, in the United States District 18 Court for the Central District of California in Flores 19 v. Reno, CV 85–4544–RJK (commonly known as the 20 ‘‘Flores settlement agreement’’). 21 (3) The term ‘‘metering’’ means the U.S. Cus- 22 toms and Border Protection policy to regulate the 23 flow of asylum seekers at ports of entry by denying 24 asylum seekers access to ports of entry. 25 VerDate Sep 11 2014 21:43 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3731.IH H3731 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3731 IH (4) The term ‘‘Migrant Protection Protocols’’ 1 means the protocols announced by the Secretary of 2 Homeland Security on December 20, 2018, or any 3 subsequent revisions to those protocols where certain 4 individuals seeking asylum in the United States are 5 returned to Mexico and to wait outside of the United 6 States for the duration of their immigration pro- 7 ceedings. 8 (5) The term ‘‘Northern Triangle countries’’ 9 means the countries of El Salvador, Guatemala, and 10 Honduras. 11 (6) The term ‘‘Northern Triangle Migrant Cri- 12 sis’’ means the increase in families and unaccom- 13 panied alien children apprehended by U.S. Customs 14 and Border Protection at the southern border of the 15 United States, predominantly from El Salvador, 16 Guatemala, and Honduras but not from Mexico, 17 that started in fiscal year 2012. 18 TITLE I—STRATEGY AND TASK 19 FORCE 20 SEC. 101. NORTHERN TRIANGLE MIGRANT SURGE STRA- 21 TEGIC RESPONSE PLAN. 22 (a) STRATEGIC RESPONSE PLAN.—Not later than 90 23 days after enactment of this Act, the President shall 24 transmit to Congress a strategic response plan to manage 25 VerDate Sep 11 2014 21:43 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3731.IH H3731 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3731 IH the Northern Triangle Migrant Surge that focuses on 1 strengthening policies, procedures, practices, and training 2 to ensure timely and fair processing of individuals appre- 3 hended at the southern border of the United States that 4 seek asylum under the law, including the provision of im- 5 mediate protection and humanitarian care. 6 (b) IMPLEMENTATION.—The President shall direct 7 the leadership of the following departments and agencies 8 to change policies, procedures, practices, and training to 9 conform with the response plan required under paragraph 10 (1) within 90 days of the issuance of the strategic response 11 plan: 12 (1) Department of Homeland Security, includ- 13 ing U.S. Customs and Border Protection, Immigra- 14 tion and Customs Enforcement, and U.S. Citizen- 15 ship and Immigration Services. 16 (2) Department of Health and Human Services, 17 including the Office of Refugee and Resettlement. 18 (c) CONTENTS.—The strategic response plan re- 19 quired under this section shall focus primarily on the fol- 20 lowing: 21 (1) How to ensure timely and fair processing of 22 individuals apprehended at the southern border of 23 the United States that seek asylum under the law, 24 VerDate Sep 11 2014 21:43 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3731.IH H3731 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3731 IH including by eliminating practices such as metering 1 and the Migrant Protection Protocols. 2 (2) How to provide immediate care and human- 3 itarian protection to individuals apprehended at the 4 southern border of the United States who seek asy- 5 lum under the law and arrive with family members, 6 are pregnant women, unaccompanied children, elder- 7 ly, and other vulnerable populations. 8 (3) How to ensure that at each stage of custody 9 of individuals apprehended at the southern border of 10 the United States that seek asylum under the law 11 the individuals receive appropriate medical screening 12 and medical care, the provision of regular meals and 13 water, the availability of sanitary, and safe shelter 14 with access to bathroom and shower facilities, basic 15 toiletries and hygiene items, such as toilet paper, 16 soap, toothbrushes, and diapers and feminine hy- 17 giene products. 18 (4) How to adequately scale holding space ca- 19 pacity and operational personnel to respond to 20 surges of such individuals in a timely manner, as 21 well as identify any capability gaps that may require 22 resources outside of the Department. 23 (5) How to ensure compliance with the Flores 24 settlement agreement, which includes the transfer of 25 VerDate Sep 11 2014 21:43 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3731.IH H3731 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 3731 IH unaccompanied alien children to the custody of the 1 Department of Health and Human Services within 2 72 hours of determining that a child is an unaccom- 3 panied alien child. 4 (6) What oversight mechanisms will be estab- 5 lished or augmented to ensure compliance with the 6 strategic response plan. 7 (d) CONSIDERATION.—In developing the strategic re- 8 sponse plan required under this section, the President 9 shall consider management alerts issued by the Depart- 10 ment of Homeland Security Inspector General on May 30, 11 2019, and July 2, 2019, and any related successor report. 12 SEC. 102. DEPARTMENT OF HOMELAND SECURITY JOINT 13 TASK FORCE TO ADDRESS THE NORTHERN 14 TRIANGLE MIGRANT SURGE. 15 (a) IN GENERAL.—Notwithstanding section 16 708(b)(11) of the Homeland Security Act, not later than 17 30 days after the date of the enactment of this Act, the 18 Secretary of Homeland Security shall establish and oper- 19 ate a departmental Joint Task Force, pursuant to section 20 708 of the Homeland Security Act, to conduct operations 21 using personnel and capabilities of the Department to 22 manage the Northern Triangle Migrant Surge— 23 VerDate Sep 11 2014 21:43 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3731.IH H3731 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 3731 IH (1) for purposes set forth at subparagraphs (i) 1 and (ii) of subsection (b)(2)(A) of section 708 of the 2 Homeland Security Act; and 3 (2) in furtherance of the strategic response plan 4 required under section 101 of this Act. 5 (b) PERFORMANCE METRICS.—The Secretary shall 6 submit performance metrics for the Joint Task Force es- 7 tablished pursuant to subsection (a) to Congress, con- 8 sistent with section 708(b)(9) of the Homeland Security 9 Act, that set forth performance metrics for the apprehen- 10 sion, timely and fair processing, and the humane treat- 11 ment of migrant families and other individuals seeking 12 asylum in furtherance of the strategic response plan re- 13 quired under section 101 of this Act. 14 (c) DISBANDING THE JOINT TASK FORCE.—Upon 15 establishment of the Joint Task Force pursuant to sub- 16 section (a), the Secretary shall report to Congress regard- 17 ing conditions on the southern border of the United States 18 that would result in the Secretary deciding to disband the 19 Joint Task Force. 20 (c) MONTHLY REPORTS TO CONGRESS.—The Direc- 21 tor of the Joint Task Force, starting one month after es- 22 tablishment of the Joint Task Force and monthly there- 23 after until it is disbanded, shall report to Congress on the 24 Joint Task Force’s activities for the period and progress 25 VerDate Sep 11 2014 21:43 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3731.IH H3731 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 3731 IH with respect to implementing activities in furtherance of 1 subsection 101 of this Act. 2 (d) NOTIFICATION.—Not later than 90 days after 3 disbanding the Joint Task Force, the Secretary shall no- 4 tify Congress of such action. 5 (e) INTERAGENCY BORDER EMERGENCY CELL TER- 6 MINATED.—Concurrent with the establishment of the 7 Joint Task Force pursuant to subsection (a), the Sec- 8 retary shall terminate the interagency border emergency 9 cell established on or about April 2, 2019. 10 TITLE II—MANAGEMENT AND 11 OPERATIONS 12 Subtitle A—Humanitarian Care for 13 Migrant Families 14 SEC. 201. PRESERVING UNITY OF MIGRANT FAMILIES. 15 (a) IN GENERAL.—U.S. Customs and Border Protec- 16 tion shall maintain family unity to the greatest extent 17 operationally feasible, absent a legal requirement or an 18 articulable safety or security concern that requires separa- 19 tion and notwithstanding section 462(g)(2) of the Home- 20 land Security Act, no child apprehended on the southern 21 border of the United States may be separated from a fam- 22 ily member apprehended with the child. 23 (b) EXCEPTION.—On a nondelegable basis, an Office 24 of Field Operations Field Director or Border Patrol Sector 25 VerDate Sep 11 2014 21:43 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3731.IH H3731 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 3731 IH Chief may separate a child from a family member only 1 if there is evidence that the child may be a trafficking 2 victim in violation of the William Wilberforce Trafficking 3 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 4 1232 et seq.) and, in such instances, must retain records 5 of the evidence relied upon for reaching such a determina- 6 tion and, upon separation, the location of the individuals 7 involved. 8 SEC. 202. ESSENTIAL HUMANITARIAN CONDITIONS. 9 (a) UPDATE STATUTORY REQUIREMENTS FOR 10 SHORT-TERM DETENTION.—Paragraph (1) of section 11 411(m) of the Homeland Security Act of 2002 (6 U.S.C. 12 211(m)) is amended to read as follows: 13 ‘‘(1) ACCESS TO APPROPRIATE TEMPORARY 14 SHELTER, FOOD, AND WATER.—The Commissioner 15 shall make every effort to ensure the provision to an 16 individual apprehended by the Commissioner of ap- 17 propriate temporary shelter with access to bathroom 18 and shower facilities, water, appropriate nutrition, 19 hygiene, personal grooming items, and sanitation.’’. 20 (b) COMPLIANCE.—Not later than 30 days after the 21 date of enactment of this Act, the Secretary of Homeland 22 Security shall establish final plans, standards, and proto- 23 cols to protect the health and safety of individuals in the 24 VerDate Sep 11 2014 21:43 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3731.IH H3731 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 3731 IH custody of U.S. Customs and Border Protection, which 1 shall include— 2 (1) requirements on the availability and provi- 3 sion of water, appropriate nutrition, hygiene, per- 4 sonal grooming items, and sanitation needs; 5 (2) appropriate temporary shelter facilities with 6 access to bathroom and shower facilities and are 7 maintained in conditions that adhere to best prac- 8 tices for the care of children that comply with the 9 relevant recommendations of the American Academy 10 of Pediatrics, including the recommendations in- 11 cluded in the Policy Statement of the American 12 Academy of Pediatrics entitled, ‘‘Detention of Immi- 13 grant Children’’ issued in May 2017; 14 (3) required training for all Department of 15 Homeland Security personnel and contract personnel 16 who interact with migrants seeking refugee or asy- 17 lum status while in U.S. Customs and Border Pro- 18 tection custody; and 19 (4) transferring responsibilities, where possible, 20 from Department of Homeland Security personnel, 21 particularly law enforcement personnel, for the pro- 22 vision of care of families and unaccompanied alien 23 children apprehended at the southern border of the 24 United States to State-licensed, vetted, and qualified 25 VerDate Sep 11 2014 21:43 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3731.IH H3731 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 3731 IH contractors with trained medical and social work 1 staff while in U.S. Customs and Border Protection 2 custody. 3 SEC. 203. UNIFORM PROCESSES FOR MEDICAL SCREENING 4 OF INDIVIDUALS INTERDICTED BETWEEN 5 PORTS OF ENTRY. 6 (a) IN GENERAL.—Subtitle C of title IV of the 7 Homeland Security Act of 2002 (6 U.S.C. 231) is amend- 8 ed by adding at the end the following new section: 9 ‘‘SEC. 437. MEDICAL SCREENING OF INDIVIDUALS INTER- 10 DICTED BETWEEN PORTS OF ENTRY. 11 ‘‘(a) IN GENERAL.—To improve border security and 12 the processing of individuals and families interdicted by 13 the U.S. Border Patrol between ports of entry, the Com- 14 missioner of U.S. Customs and Border Protection, in co- 15 ordination with the Chief Medical Officer of the Depart- 16 ment, shall, not later than thirty days after enactment of 17 this section, establish uniform processes and training to 18 ensure consistent and efficient medical screening of all in- 19 dividuals so interdicted before transfer out of U.S. Cus- 20 toms and Border Protection custody but not longer than 21 12 hours of such interdiction. 22 ‘‘(b) SCREENING PROCESS COMPONENTS.—At a min- 23 imum, the uniform [Text truncated for display. Full text available on Congress.gov.]