What This Bill Does
This bill changes rules about detaining families who cross into the United States without permission. It says the Secretary of Homeland Security can hold parents and their children together in detention facilities while their immigration cases are pending. The bill also prevents states from requiring federal immigration detention facilities to follow state licensing rules.
Who It Affects
The Secretary of Homeland Security. Parents (called "aliens" in the bill) who enter the United States with children under 18 years old. Children under 18 in immigration detention. States and political subdivisions that might want to license immigration detention facilities.
Key Provisions
- The Secretary of Homeland Security must hold parents in custody together with their children during the time their immigration charges are being decided, if the parent is charged only with unlawfully entering the country and entered with a child under 18 (Sec. 2(a))
- The Secretary of Homeland Security must detain the parent and child together (Sec. 2(a))
- No state or local government can require that immigration detention facilities holding children or families get a state license (Sec. 2(d))
What Changes
If this becomes law, families can be detained together while immigration cases move forward. States can no longer require state licenses for federal immigration detention facilities that hold children or families. These rules apply to actions that happen before, during, or after the bill becomes law.
Important Definitions
"Unaccompanied alien child" appears in the bill but is not defined in this bill text. Not specified in bill text for other key terms.
Effective Date
The changes take effect on the date the bill becomes law and apply to all actions that occur before, on, or after that date (Sec. 2(c))
I
118TH CONGRESS
1ST SESSION H. R. 2580
To amend the William Wilberforce Trafficking Victims Protection Reauthor-
ization Act of 2008 to clarify the standards for family detention, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 13, 2023
Mr. BIGGS (for himself, Mr. GAETZ, Mr. GOSAR, Mr. FRY, Mr. GOOD of Vir-
ginia, Mr. ROY, Mr. CRANE, Mr. NEHLS, and Mrs. BOEBERT) introduced
the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend the William Wilberforce Trafficking Victims Pro-
tection Reauthorization Act of 2008 to clarify the stand-
ards for family 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.
3
This Act may be cited as the ‘‘Ensuring United Fam-
4
ilies at the Border Act’’.
5
SEC. 2. CLARIFICATION OF STANDARDS FOR FAMILY DE-
6
TENTION.
7
(a) IN GENERAL.—Section 235 of the William Wil-
8
berforce Trafficking Victims Protection Reauthorization
9
VerDate Sep 11 2014
23:40 Apr 14, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2580.IH
H2580
kjohnson on DSK79L0C42PROD with BILLS
2
•HR 2580 IH
Act of 2008 (8 U.S.C. 1232) is amended by adding at
1
the end the following:
2
‘‘(j) CONSTRUCTION.—
3
‘‘(1) IN GENERAL.—Notwithstanding any other
4
provision of law, judicial determination, consent de-
5
cree, or settlement agreement, the detention of any
6
alien child who is not an unaccompanied alien child
7
shall be governed by sections 217, 235, 236, and
8
241 of the Immigration and Nationality Act (8
9
U.S.C. 1187, 1225, 1226, and 1231). There is no
10
presumption that an alien child who is not an unac-
11
companied alien child should not be detained.
12
‘‘(2) FAMILY
DETENTION.—The Secretary of
13
Homeland Security shall—
14
‘‘(A) maintain the care and custody of an
15
alien, during the period during which the
16
charges described in clause (i) are pending,
17
who—
18
‘‘(i) is charged only with a mis-
19
demeanor offense under section 275(a) of
20
the Immigration and Nationality Act (8
21
U.S.C. 1325(a)); and
22
‘‘(ii) entered the United States with
23
the alien’s child who has not attained 18
24
years of age; and
25
VerDate Sep 11 2014
23:40 Apr 14, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2580.IH
H2580
kjohnson on DSK79L0C42PROD with BILLS
3
•HR 2580 IH
‘‘(B) detain the alien with the alien’s
1
child.’’.
2
(b) SENSE OF CONGRESS.—It is the sense of Con-
3
gress that the amendments in this section to section 235
4
of the William Wilberforce Trafficking Victims Protection
5
Reauthorization Act of 2008 (8 U.S.C. 1232) are intended
6
to satisfy the requirements of the Settlement Agreement
7
in Flores v. Meese, No. 85–4544 (C.D. Cal) as approved
8
by the court on January 28, 1997, with respect to its in-
9
terpretation in Flores v. Johnson, 212 F. Supp. 3d 864
10
(C.D. Cal. 2015), that the agreement applies to accom-
11
panied minors.
12
(c) EFFECTIVE DATE.—The amendment made by
13
subsection (a) shall take effect on the date of the enact-
14
ment of this Act and shall apply to all actions that occur
15
before, on, or after the date of the enactment of this Act.
16
(d) PREEMPTION OF STATE LICENSING REQUIRE-
17
MENTS.—Notwithstanding any other provision of law, ju-
18
dicial determination, consent decree, or settlement agree-
19
ment, no State may require that an immigration detention
20
facility used to detain children who have not attained 18
21
years of age, or families consisting of one or more of such
22
children and the parents or legal guardians of such chil-
23
VerDate Sep 11 2014
23:40 Apr 14, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2580.IH
H2580
kjohnson on DSK79L0C42PROD with BILLS
4
•HR 2580 IH
dren, that is located in that State, be licensed by the State
1
or any political subdivision thereof.
2
Æ
VerDate Sep 11 2014
23:40 Apr 14, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H2580.IH
H2580
kjohnson on DSK79L0C42PROD with BILLS