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) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To reunite families separated at or near ports of entry. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLES. 

4 This Act may be cited as the ‘‘Reunite Every Unac5 companied Newborn Infant, Toddler and other children 

6 Expeditiously Act’’ or the ‘‘REUNITE Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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1 (1) AGENCIES.—The term ‘‘agencies’’ means 

2 the Department of Homeland Security and the De3 partment of Health and Human Services. 

4 (2) APPREHENDED PARENT OR LEGAL GUARD5 IAN.—The term ‘‘apprehended parent or legal 

6 guardian’’ means an alien who— 

7 (A) is 18 years of age or older; 

8 (B) is the parent or legal guardian of an 

9 alien child; and 

10 (C) was apprehended by the Department 

11 of Homeland Security, the Department of Jus12 tice, or any other entity authorized to enforce 

13 section 275 of the Immigration and Nationality 

14 Act (8 U.S.C. 1325). 

15 (3) BORDER.—The term ‘‘border’’ means an 

16 international border of the United States. 

17 (4) CHILD.—The term ‘‘child’’ means an alien 

18 who— 

19 (A) has not attained 18 years of age; and 

20 (B) has no permanent immigration status 

21 in the United States. 

22 (5) DHS.—The term ‘‘DHS’’ means the De23 partment of Homeland Security. 

24 (6) HHS.—The term ‘‘HHS’’ means the De25 partment of Health and Human Services. 


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1 SEC. 3. REUNIFICATION OF SEPARATED FAMILIES. 

2 (a) RULEMAKING.— 

3 (1) GUIDANCE.—Not later than 10 days after 

4 the date of the enactment of this Act, the Secretary 

5 of Homeland Security and the Secretary of Health 

6 and Human Services, after consultation with human7 itarian organizations, child welfare organizations, 

8 State child welfare agencies, and States contiguous 

9 to the border with Mexico, shall promulgate and 

10 publish guidance through a direct final rule that 

11 specifically describes the coordinated efforts that the 

12 agencies will undertake to aid an apprehended par13 ent or legal guardian in locating and reuniting with 

14 any children separated from them at or near the 

15 port of entry, or within 100 miles of the border, pur16 suant to applicable law. 

17 (2) DEVELOPMENT; SERVICES; PUBLICATION.— 

18 The guidance promulgated pursuant to paragraph 

19 (1)— 

20 (A) shall be developed to protect the best 

21 interests of affected children; 

22 (B) shall describe all pro bono or govern23 ment-funded services, including immigration 

24 services, available for apprehended parents and 

25 legal guardians or affected children; and 


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1 (C) shall be made publicly available in 

2 writing and on the websites of the agencies. 

3 (b) COVERAGE OF JOINT GUIDANCE.—The guidance 

4 published pursuant to subsection (a) shall outline the 

5 agencies’ coordinated efforts, including efforts— 

6 (1) to develop and conduct family tracing proce7 dures, in cooperation with nongovernmental experts 

8 in child welfare best practices; 

9 (2) to maintain a functional, accessible, fre10 quent, and no cost means for apprehended parents 

11 and legal guardians to contact their children through 

12 a telephone hotline or visual conferencing— 

13 (A) to obtain daily-updated information 

14 about the location of their children and all 

15 scheduled immigration proceedings for their 

16 children; and 

17 (B) to set up opportunities to speak with 

18 their child not fewer than 3 times per week, in19 cluding at least once per week by video; 

20 (3) to facilitate substantial daily access of non21 governmental case workers, child advocates, and 

22 legal counsel to children separated from their par23 ents and legal guardians to represent these chil24 dren’s best interests in custody decisions and immi25 gration proceedings; 


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1 (4) to provide for humanitarian organizations 

2 and State and local child welfare agencies in the ju3 risdictions in which the children are located to con4 duct unannounced, independent weekly inspections 

5 of all DHS and HHS facilities at which children 

6 who are separated from their apprehended parents 

7 or legal guardians are in custody; 

8 (5) to coordinate with the Department of State 

9 and embassies and consulates of foreign govern10 ments to locate apprehended parents and legal 

11 guardians of children who have departed from the 

12 United States; 

13 (6) to provide clear notice to apprehended par14 ents and legal guardians of their legal rights, includ15 ing— 

16 (A) their parental and guardianship rights 

17 with respect to their children who have been 

18 designated as unaccompanied alien children; 

19 and 

20 (B) their right to designate another par21 ent, legal guardian, or other qualified adult cus22 todian to sponsor and care for such children; 

23 (7) to facilitate information sharing by parents 

24 and legal guardians about any arrangements to de25 part the United States with their consulate, their 


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1 children, their children’s case worker, legal counsel, 

2 child advocate, and other adult custodians in ad3 vance of their departure; 

4 (8) to provide parents and legal guardians with 

5 an order of deportation or removal access to non6 governmental organizations providing assistance 

7 with locating and reunifying their children; 

8 (9) to provide cost-free transportation of chil9 dren separated from their parents or legal guardians 

10 to reunite with them or another parent, legal guard11 ian, or other qualified adult custodian to which the 

12 children consent; 

13 (10) to establish a recordkeeping system that 

14 will maintain information to aid the reunification of 

15 every child separated from an apprehended parent or 

16 legal guardian; 

17 (11) to provide free telephone calls between ap18 prehended parents and their children; and 

19 (12) to otherwise assist with the reunification 

20 of separated families. 

21 (c) WRITTEN NOTIFICATION.—Shortly after guid22 ance is published pursuant to subsection (a), the Secretary 

23 of Homeland Security, the Secretary of Health and 

24 Human Services, and the Attorney General shall provide 

25 each apprehended parent or legal guardian who has been 


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1 separated from his or her child with written notice, in 

2 English, Spanish, or another language understandable by 

3 the parent or legal guardian, upon request, of any guid4 ance that may assist them in their efforts to locate and 

5 reunify with their children. 

6 (d) REUNIFICATION REQUIRED.—The agencies shall 

7 ensure immediate reunification of children that remain 

8 separated from their apprehended parent or guardian. 

9 (e) OTHER REQUIREMENTS.—The agencies shall— 

10 (1) issue a privacy impact assessment related to 

11 the use of DNA testing under the section; and 

12 (2) establish a process for redressing violations 

13 of the requirements under this section. 

14 (f) EXEMPTIONS.—The agencies may not reunite an 

15 apprehended parent or legal guardian with a separated 

16 child under this section if— 

17 (1) the child has been determined to be a victim 

18 of trafficking, or is at significant risk of becoming 

19 a victim of trafficking, by that apprehended parent 

20 or guardian, as determined by a Chief Border Patrol 

21 Agent or Customs and Border Protection Area Port 

22 Director in their official and undelegated capacity; 

23 (2) the child appears to be in danger of abuse 

24 or neglect at the hands of the apprehended parent 

25 or legal guardian; 


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1 (3) the child is a danger to himself, herself, or 

2 others, as determined by a State court or an official 

3 from a State or county child welfare agency in his 

4 or her official and undelegated capacity; or 

5 (4) there is a strong likelihood that the adult is 

6 not the apprehended parent or legal guardian of the 

7 child. 

8 SEC. 4. DNA TESTING. 

9 (a) USE OF OTHER TECHNIQUES.—Before utilizing 

10 DNA testing to determine family relationships, agencies 

11 shall use other techniques commonly utilized by United 

12 States courts for determining family relationships, includ13 ing— 

14 (1) official documents; 

15 (2) representations from a witness, parent, rel16 ative, or child; and 

17 (3) observations of interactions between the 

18 adult and the child. 

19 (b) DNA TESTING.— 

20 (1) IN GENERAL.—DNA testing may not be re21 quired as a condition of reunification if alternative 

22 means of demonstrating a familial relationship have 

23 been established. If reasonable suspicions remain 

24 about a familial relationship after exhausting the 


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1 techniques referred to in subsection (a), DNA test2 ing may be used. 

3 (2) PROTOCOLS.—The agencies shall develop 

4 protocols for establishing a familial relationship if an 

5 individual does not consent to DNA testing or may 

6 not have a biological relationship with the child. 

7 (3) TYPE OF TEST.—Whenever DNA testing is 

8 used, the agencies— 

9 (A) shall use the least privacy-invasive type 

10 of DNA test available to confirm the claimed 

11 relationship; and 

12 (B) may not charge the child or appre13 hended parent or guardian for the costs of con14 ducting such test. 

15 (4) CONSENT.—The agencies shall— 

16 (A) obtain the consent of any individual 

17 who is older than 18 years of age before con18 ducting a DNA test; 

19 (B) make every effort to obtain the con20 sent of a guardian before conducting a DNA 

21 test on anyone who is younger than 18 years of 

22 age; and 

23 (C) destroy DNA samples as soon as pos24 sible, and not later than 7 days after com25 pleting the required DNA matching tests, to 


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1 minimize any potential misuse of genetic infor2 mation collected under this subsection. 

3 (c) PROTECTION OF INFORMATION.— 

4 (1) IN GENERAL.—If DNA testing is used for 

5 the purposes of reunification, the agencies shall en6 sure the protection of privacy, genetic data, and per7 sonal information of children, parents, all individuals 

8 being tested, and their relatives. 

9 (2) OTHER USES PROHIBITED.—Agencies and 

10 private entities may only access, use, or store any 

11 personal DNA information collected under this sub12 section for family reunification purposes and are 

13 prohibited from sharing any such data or samples 

14 with agencies other than those carrying out the re15 unification process. Information collected under this 

16 section may not be used by any agency or contractor 

17 for any other purpose, including criminal or immi18 gration enforcement. 

19 (d) DNA MATCH.— 

20 (1) REUNIFICATION.—As soon as a DNA 

21 match is identified, the agencies shall reunite family 

22 members as expeditiously as possible. 

23 (2) NO MATCH; NO CONSENT.—A refusal to 

24 consent to a DNA test or the failure to identify a 

25 match between a child and an apprehended parent 


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1 may not be used as a basis for concluding that there 

2 is no familial relationship between a such child and 

3 such parent if— 

4 (A) the familial relationship is not biologi5 cal; or 

6 (B) the familial relationship may be estab7 lished through alternate means. 

8 SEC. 5. ENHANCED PROTECTIONS FOR SEPARATE FAMI9 LIES. 

10 (a) IN GENERAL.—The Secretary of Homeland Secu11 rity shall establish secure alternatives programs that in12 corporate case management services in each field office of 

13 the Department of Homeland Security to ensure appear14 ances at immigration proceedings and public safety. 

15 (b) ALTERNATIVES TO DETENTION.— 

16 (1) CONTRACT AUTHORITY.—The Secretary of 

17 Homeland Security shall contract with nongovern18 mental, community-based organizations to conduct 

19 screening of detainees, provide appearance assist20 ance services, and operate community-based super21 vision programs. Secure alternatives shall offer a 

22 continuum of supervision mechanisms and options, 

23 including community support, depending on an as24 sessment of each individual’s circumstances. The 

25 Secretary may contract with nongovernmental orgaVerDate Sep 11 2014 21:21 Mar 06, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S557.IS S557

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1 nizations to implement secure alternatives that 

2 maintain custody over the alien. 

3 (2) ELIGIBILITY DETERMINATION.— 

4 (A) RELEASE.—The Secretary of Home5 land Security shall release each apprehended 

6 parent or legal guardian on recognizance, pa7 role, or bond, or permit such parent or legal 

8 guardian to participate in an alternative to de9 tention program, such as the Family Case Man10 agement Program authorized under subsection 

11 (c), unless the Secretary demonstrates that 

12 such participation would create a substantial 

13 risk that the apprehended parent or legal 

14 guardian is likely to cause harm to himself, her15 self, or others. 

16 (B) BURDEN OF PROOF.—In order to dem17 onstrate that continued detention is necessary, 

18 the Secretary shall produce clear and con19 vincing evidence of risk factors, including cred20 ible and individualized information. 

21 (C) APPEAL.—Not later than 72 hours 

22 after the Secretary determines that an appre23 hended parent or legal guardian is ineligible for 

24 an alternative to detention program under this 

25 subsection, the parent or legal guardian shall be 


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1 provided with an opportunity to appeal such de2 termination in a hearing before an immigration 

3 judge. 

4 (c) RESTORATION OF THE FAMILY CASE MANAGE5 MENT PROGRAM.— 

6 (1) IN GENERAL.—Not later than 7 days after 

7 the date of the enactment of this Act, the Secretary 

8 of Homeland Security shall restore the U.S. Immi9 gration and Customs Enforcement Family Case 

10 Management Program, which shall provide commu11 nity supervision and community support services, in12 cluding case management services, appearance serv13 ices, and screening of aliens who have been detained 

14 be run through a contract with a not-for-profit enti15 ty. 

16 (2) CONTRACT.—Any contract for programming 

17 or services described in paragraph (1) shall be 

18 awarded to a not-for-profit organization with dem19 onstrated expertise in meeting the areas specified in 

20 paragraph (1). 

21 (d) UNACCOMPANIED ALIEN CHILD DESIGNATION.— 

22 The Secretary of Homeland Security shall treat a child, 

23 who has been separated from an apprehended parent or 

24 legal guardian and has been designated an unaccompanied 


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1 alien child, as an unaccompanied alien child for the dura2 tion of his or her immigration proceedings. 

3 (e) AUTOMATIC STAY OF REMOVAL OF PARENTS AND

4 LEGAL GUARDIANS DURING CHILD’S IMMIGRATION PRO5 CEEDINGS.—Until the earlier of the date on which the 

6 child’s immigration proceedings are concluded or the date 

7 on which the child attains 18 years of age, the Secretary 

8 of Homeland Security may not remove an apprehended 

9 parent or legal guardian of such child from the United 

10 States unless the apprehended parent or legal guardian, 

11 after being afforded the opportunity for legal consultation, 

12 agrees to removal. 

13 SEC. 6. CONFIDENTIALITY. 

14 (a) IN GENERAL.—Except as provided in subsection 

15 (b), the Secretary of Homeland Security may not use in16 formation obtained or recorded pursuant to this Act to 

17 assist in immigration enforcement actions taken against 

18 any sponsor, potential sponsor, custodian, potential custo19 dian, or household member of a child or apprehended par20 ent or legal guardian. 

21 (b) EXCEPTION.—Subsection (a) does not apply to 

22 the use of information described in that subsection about 

23 a particular sponsor, potential sponsor, custodian, poten24 tial custodian, or household member for purposes of a law 

25 enforcement investigation related to— 


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1 (1) forced labor or human trafficking under 

2 section 1589, 1590, or 1591 of title 18, United 

3 States Code; or 

4 (2) child exploitation under section 2251, 

5 2251A, 2252, or 2252A of title 18, United States 

6 Code. 

7 SEC. 7. ESTABLISHMENT OF OFFICE FOR LOCATING AND 

8 REUNITING CHILDREN WITH PARENTS. 

9 (a) IN GENERAL.—The Secretary of Homeland Secu10 rity, the Attorney General, and the Secretary of Health 

11 and Human Services shall jointly establish an interagency 

12 office, which— 

13 (1) shall be known as the ‘‘Office for Locating 

14 and Reuniting Children with Parents’’ (referred to 

15 in this section as the ‘‘Office’’); and 

16 (2) shall be responsible for expediting and fa17 cilitating the reunification of alien children and par18 ents separated after entering the United States. 

19 (b) DUTIES.—The Office shall— 

20 (1) expeditiously implement guidance des21 ignated for its jurisdiction under section 3; 

22 (2) establish 24-hour priority data and informa23 tion communication networks between HHS, DHS, 

24 and the Department of Justice; and 


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1 (3) identify and immediately inform Congress if 

2 the Office determines that insufficient appropria3 tions, or any other statutory or regulatory condition 

4 hinders the safe and timely reunion of separated 

5 alien children with their parents, pursuant to the 

6 final rule promulgated under section 3. 

7 (c) REPORT.—The Office shall submit a weekly re8 port to Congress that includes— 

9 (1) the number and location of children in the 

10 physical custody of DHS or HHS who have been 

11 separated from an apprehend parent or legal guard12 ian; 

13 (2) the number of such children who have been 

14 physically reunified with their parent or legal guard15 ian; 

16 (3) the physical location of parents who have 

17 yet to be reunited with their children, including the 

18 parents who have been deported without their chil19 dren; 

20 (4) the number of such children who have not 

21 yet been physically reunited with their parent or 

22 legal guardian; and 

23 (5) an outline of the progress made in imple24 menting the guidance published pursuant to section 

25 3(a). 


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1 SEC. 8. SAVINGS PROVISIONS. 

2 (a) FEDERAL LAW.—Nothing in this Act may be con3 strued to supersede or modify— 

4 (1) the William Wilberforce Trafficking Victims 

5 Protection Act of 2008 (8 U.S.C. 1232 et seq.); 

6 (2) the Stipulated Settlement Agreement filed 

7 in the United States District Court for the Central 

8 District of California on January 17, 1997 (CV 85– 

9 4544–RJK) (commonly known as the ‘‘Flores Settle10 ment Agreement’’); 

11 (3) the Homeland Security Act of 2002 (Public 

12 Law 107–296); or 

13 (4) any applicable Federal child welfare law, in14 cluding the Adoption and Safe Families Act of 1997 

15 (Public Law 105–89). 

16 (b) STATE LAW.—Nothing in this Act may be con17 strued to supersede or modify any applicable State child 

18 welfare law. 

19 SEC. 9. REALLOCATION OF DEPARTMENT OF HOMELAND 

20 SECURITY APPROPRIATIONS. 

21 (a) IN GENERAL.—Of the amount allocated to U.S. 

22 Immigration and Customs Enforcement for fiscal year 

23 2019 for enforcement, detention, and removal operations, 

24 $50,000,000 shall be reallocated to carry out sections 3 

25 and 5(a). 


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1 (b) REUNIFICATION.—Not less than $15,000,000 of 

2 the amount reallocated under subsection (a) shall be made 

3 available to carry out section 3. 

Æ 


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