Stop Cruelty to Migrant Children Act

I 116TH CONGRESS 1ST SESSION H. R. 3918 To protect the health and safety of children in immigration detention, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 23, 2019 Ms. MENG (for herself, Ms. MOORE, Ms. VELA´ZQUEZ, Mr. CARSON of Indiana, Mr. MCGOVERN, Ms. HAALAND, Mr. ESPAILLAT, Mr. WELCH, Mrs. KIRKPATRICK, Mr. COSTA, Mr. SUOZZI, Ms. NORTON, Ms. JACKSON LEE, Mr. MEEKS, Mr. RUSH, Mr. RUPPERSBERGER, Ms. WILSON of Florida, Mrs. NAPOLITANO, Ms. LEE of California, Mr. DEFAZIO, and Mr. BLU- MENAUER) introduced the following bill; which was referred to the Com- mittee on the Judiciary, and in addition to the Committees on Homeland Security, and Financial Services, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To protect the health and safety of children in immigration detention, 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; PURPOSE. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Stop Cruelty to Migrant Children Act’’. 5 VerDate Sep 11 2014 00:27 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3918.IH H3918 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3918 IH (b) PURPOSE.—The purpose of this Act is to reaffirm 1 that— 2 (1) the Federal Government is responsible for 3 the health, safety, and well-being of children and 4 families in the custody of the Federal Government; 5 (2) children and families should only be in the 6 custody of the Federal Government for as little time 7 as possible; and 8 (3) during any period in which children or fami- 9 lies are in the custody of the Federal Government— 10 (A) they should be treated with dignity, re- 11 spect, and care; and 12 (B) every effort should be made to mini- 13 mize trauma, isolation, and conditions resem- 14 bling prison. 15 SEC. 2. DEFINITIONS. 16 In this Act: 17 (1) ALIEN.—The term ‘‘alien’’ has the meaning 18 given the term in section 101(a) of the Immigration 19 and Nationality Act (8 U.S.C. 1101(a)). 20 (2) APPROPRIATE COMMITTEES OF CON- 21 GRESS.—The term ‘‘appropriate committees of Con- 22 gress’’ means— 23 (A) the Committee on Appropriations, the 24 Committee on Homeland Security and Govern- 25 VerDate Sep 11 2014 00:27 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3918.IH H3918 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3918 IH mental Affairs, the Committee on Health, Edu- 1 cation, Labor, and Pensions, and the Com- 2 mittee on the Judiciary of the Senate; and 3 (B) the Committee on Appropriations, the 4 Committee on Homeland Security, the Com- 5 mittee on Education and Labor, and the Com- 6 mittee on the Judiciary of the House of Rep- 7 resentatives. 8 (3) CHILD.—The term ‘‘child’’ means an indi- 9 vidual who— 10 (A) has not attained 18 years of age; and 11 (B) does not have permanent immigration 12 status in the United States. 13 (4) DETAINED INDIVIDUAL.—The term ‘‘de- 14 tained individual’’ means any individual, including 15 an unaccompanied alien child, held in immigration 16 detention under the Immigration and Nationality 17 Act (8 U.S.C. 1101 et seq.). 18 (5) INFLUX.—The term ‘‘influx’’ means a pe- 19 riod during which— 20 (A) not less than 95 percent of the avail- 21 able beds in permanent shelters for unaccom- 22 panied alien children are occupied; and 23 (B) the average length of care for unac- 24 companied alien children in custody of the Sec- 25 VerDate Sep 11 2014 00:27 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3918.IH H3918 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3918 IH retary of Health and Human Services exceeds 1 35 days. 2 (6) INFLUX CARE FACILITY.—The term ‘‘influx 3 care facility’’ means an Office of Refugee Resettle- 4 ment facility that is operated to provide temporary 5 emergency shelter and services for unaccompanied 6 alien children during an influx or emergency. 7 (7) OFFICE OF REFUGEE RESETTLEMENT FA- 8 CILITY.—The term ‘‘Office of Refugee Resettlement 9 facility’’ means any facility at which unaccompanied 10 alien children are in the care and custody of the Sec- 11 retary of Health and Human Services. 12 (8) STANDARD CARE FACILITY.—The term 13 ‘‘standard care facility’’ means an Office of Refugee 14 Resettlement facility— 15 (A) that provides residential care for unac- 16 companied alien children; and 17 (B) at which all programmatic components 18 are administered onsite and in the least restric- 19 tive environment. 20 (9) UNACCOMPANIED ALIEN CHILD.—The term 21 ‘‘unaccompanied alien child’’ has the meaning given 22 the term in section 462(g) of the Homeland Security 23 Act of 2002 (6 U.S.C. 279(g)). 24 VerDate Sep 11 2014 00:27 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3918.IH H3918 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3918 IH SEC. 3. ENSURING THAT FAMILIES REMAIN TOGETHER. 1 (a) LIMITATION ON THE SEPARATION OF FAMI- 2 LIES.— 3 (1) IN GENERAL.—An agent or officer of U.S. 4 Customs and Border Protection shall not remove a 5 child from his or her parent or legal guardian at or 6 near a port of entry or within 100 miles of the bor- 7 der of the United States unless one of the following 8 situations has occurred: 9 (A) A State court, authorized under State 10 law— 11 (i) terminates the rights of the parent 12 or legal guardian; 13 (ii) determines that it is in the best 14 interests of the child to be removed from 15 the parent or legal guardian, in accordance 16 with the Adoption and Safe Families Act 17 of 1997 (Public Law 105–89); or 18 (iii) makes any similar determination 19 that is legally authorized under State law. 20 (B) An official from the State or county 21 child welfare agency with expertise in child 22 trauma and development determines that it is 23 in the best interests of the child to be removed 24 from the parent or legal guardian because the 25 child is— 26 VerDate Sep 11 2014 00:27 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3918.IH H3918 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 3918 IH (i) in danger of abuse or neglect at 1 the hands of the parent or legal guardian; 2 or 3 (ii) a danger to himself or herself or 4 to others. 5 (C) The Chief Patrol Agent or the Area 6 Port Director, in his or her official and 7 undelegated capacity, authorizes separation, on 8 the recommendation by an agent or officer of 9 U.S. Customs and Border Protection, based on 10 a finding that— 11 (i) the child is a victim of trafficking 12 or is at significant risk of becoming a vic- 13 tim of trafficking; 14 (ii) there is a strong likelihood that 15 the adult is not the parent or legal guard- 16 ian of the child; or 17 (iii) the child is in danger of abuse or 18 neglect at the hands of the parent or legal 19 guardian, or is a danger to himself or her- 20 self or to others. 21 (2) PROHIBITION ON SEPARATION.—A Federal 22 agency may not remove a child from a parent or 23 legal guardian solely for the policy goal of— 24 VerDate Sep 11 2014 00:27 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3918.IH H3918 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 3918 IH (A) deterring individuals from migrating to 1 the United States; or 2 (B) promoting compliance with civil immi- 3 gration law. 4 (3) DOCUMENTATION REQUIRED.—The Sec- 5 retary shall ensure that a separation based on a sit- 6 uation described in paragraph (1)(C)— 7 (A) is documented in writing; and 8 (B) includes— 9 (i) the reason for such separation; and 10 (ii) the stated evidence for such sepa- 11 ration. 12 (b) RECOMMENDATIONS FOR SEPARATION BY 13 AGENTS OR OFFICERS.— 14 (1) IN GENERAL.—Not later than 180 days 15 after the date of the enactment of this Act, the Sec- 16 retary, in consultation with the Secretary of Health 17 and Human Services, shall develop training and 18 guidance, with an emphasis on the best interests of 19 the child, on childhood trauma, attachment, and 20 child development, for use by the agents and officers 21 of U.S. Customs and Border Protection, so as to 22 standardize separations authorized under subsection 23 (a)(1)(C). 24 VerDate Sep 11 2014 00:27 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3918.IH H3918 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 3918 IH (2) ANNUAL REVIEW.—Not less frequently than 1 annually, the Secretary of Health and Human Serv- 2 ices shall— 3 (A) review the guidance developed under 4 paragraph (1); and 5 (B) make recommendations to the Sec- 6 retary to ensure that such guidance conforms to 7 current evidence and best practices in child wel- 8 fare, child development, and childhood trauma. 9 (3) REQUIREMENT.—The guidance developed 10 under paragraph (1) shall incorporate the presump- 11 tions described in subsection (c). 12 (4) ADDITIONAL REQUIREMENTS.— 13 (A) EVIDENCE-BASED.—The guidance and 14 training developed under this subsection shall 15 incorporate evidence-based practices. 16 (B) TRAINING REQUIRED.— 17 (i) INITIAL TRAINING.—All agents 18 and officers of U.S. Customs and Border 19 Protection, on hire, and annually there- 20 after, shall complete training on adherence 21 to the guidance developed under this sub- 22 section. 23 (ii) ANNUAL TRAINING.—All Chief 24 Patrol Agents and Area Port Directors, on 25 VerDate Sep 11 2014 00:27 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3918.IH H3918 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 3918 IH hire, and annually thereafter, shall com- 1 plete— 2 (I) training on adherence to the 3 guidance developed under this sub- 4 section; and 5 (II) 90 minutes of child welfare 6 practice training that is evidence- 7 based and trauma-informed. 8 (c) PRESUMPTIONS.—The presumptions described in 9 this subsection are the following: 10 (1) FAMILY UNITY.—There shall be a strong 11 presumption in favor of family unity. 12 (2) SIBLINGS.—To the maximum extent prac- 13 ticable, the Secretary shall ensure that sibling 14 groups remain intact. 15 (3) DETENTION.—There is a presumption that 16 detention is not in the best interests of families and 17 children. 18 (d) REQUIRED POLICY FOR LOCATING SEPARATED 19 CHILDREN.— 20 (1) IN GENERAL.—Not later than 180 days 21 after the date of the enactment of this Act, the Sec- 22 retary shall publish final public guidance that de- 23 scribes, with specificity, the manner in which a par- 24 ent or legal guardian may locate a child who was 25 VerDate Sep 11 2014 00:27 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3918.IH H3918 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 3918 IH separated from the parent or legal guardian under 1 subsection (a)(1). 2 (2) CONSULTATION.—In developing such public 3 guidance, the Secretary shall consult with the Sec- 4 retary of Health and Human Services, immigrant 5 advocacy organizations, child welfare organizations, 6 and State child welfare agencies. 7 (3) WRITTEN NOTIFICATION.—The Secretary 8 shall provide each parent or legal guardian who was 9 separated from a child under subsection (a)(1) with 10 written notice of such public guidance. 11 (4) LANGUAGE ACCESS.—Such public guidance 12 shall be— 13 (A) available in English and Spanish; and 14 (B) at the request of the parent or legal 15 guardian, made available in the language or 16 manner that is understandable by the parent or 17 legal guardian. 18 (e) REQUIRED INFORMATION FOR SEPARATED FAMI- 19 LIES.—Not less frequently than monthly, the Secretary 20 shall provide the parent or legal guardian of a child who 21 was separated— 22 (1) a status report on the monthly activities of 23 the child; 24 VerDate Sep 11 2014 00:27 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3918.IH H3918 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 3918 IH (2) information about the education and health 1 of the child, including any medical treatment pro- 2 vided to the child or medical treatment rec- 3 ommended for the child; 4 (3) information about changes to the immigra- 5 tion status of the child; and 6 (4) any other information about the child, de- 7 signed to promote and maintain family reunification, 8 as the Secretary determines in his or her discretion. 9 (f) ANNUAL REPORT ON FAMILY SEPARATION.—Not 10 later than one year after the date of the enactment of this 11 Act, and annually thereafter, the Secretary shall submit 12 a report to the committees of jurisdiction that— 13 (1) describes each instance in which a child was 14 separated from a parent or legal guardian; and 15 (2) includes, for each such instance— 16 (A) the relationship of the adult and the 17 child; 18 (B) the age and gender of the adult and 19 child; 20 (C) the length of separation; 21 (D) whether the adult was charged with a 22 crime, and if the adult was charged with a 23 crime, the type of crime; 24 VerDate Sep 11 2014 00:27 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3918.IH H3918 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 3918 IH (E) whether the adult made a claim for 1 asylum, expressed a fear to return, or applied 2 for other immigration relief; 3 (F) whether the adult was prosecuted if 4 charged with a crime and the associated out- 5 come of such charges; 6 (G) the stated reason for, and evidence in 7 support of, the separation; 8 (H) if the child was part of a sibling group 9 at the time of separation, whether the sibling 10 group has had physical contact and visitation; 11 (I) whether the child was rendered an un- 12 accompanied alien child; and 13 (J) any other information, as determined 14 by the Secretary. 15 (g) CLARIFICATION OF PARENTAL RIGHTS.—If a 16 child is separated from a parent or legal guardian and a 17 State court has not made a determination that the paren- 18 tal rights have been terminated, there is a presumption 19 that— 20 (1) the parental rights remain intact; and 21 (2) the separation does not constitute an af- 22 firmative determination of abuse or neglect under 23 Federal or State law. 24 (h) CLARIFICATION OF EXISTING LAW.— 25 VerDate Sep 11 2014 00:27 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3918.IH H3918 pamtmann on DSKBFK8HB2PROD with BILLS 13 •HR 3918 IH (1) FEDERAL LAW.—Nothing in this section 1 may be interpreted to supersede or modify Federal 2 child welfare law, as applicable, including the Adop- 3 tion and Safe Families Act of 1997 (Public Law 4 105–89). 5 (2) STATE LAW.—Nothing in this section may 6 be interpreted to supersede or modify any State 7 child welfare law. 8 (i) GAO REPORT ON PROSECUTION OF ASYLUM 9 SEEKERS.— 10 (1) STUDY.— [Text truncated for display. 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