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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4723 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4723

     To limit the separation of families at or near ports of entry.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                July 11 (legislative day, July 10), 2024

 Ms. Butler (for herself, Mr. Schatz, Ms. Baldwin, Mr. Blumenthal, Mr. 
Booker, Ms. Cortez Masto, Ms. Duckworth, Mr. Fetterman, Ms. Hirono, Mr. 
King, Mr. Lujan, Mr. Merkley, Ms. Rosen, Mr. Sanders, Mrs. Shaheen, Mr. 
 Van Hollen, Ms. Warren, and Mr. Welch) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
     To limit the separation of families at or near ports of entry.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Keep Families 
Together Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Limitation on the separation of families.
Sec. 4. Recommendations for separation by agents or officers.
Sec. 5. Presumptions.
Sec. 6. Required policy for locating separated children.
Sec. 7. Required information for separated families.
Sec. 8. Annual report on family separation.
Sec. 9. Clarifications.
Sec. 10. GAO report on prosecution of asylum seekers.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agent; officer.--The terms ``agent'' and ``officer'' 
        include contractors for the Federal Government.
            (2) Child.--The term ``child'' means an individual who--
                    (A) has not reached 18 years of age; and
                    (B) has no permanent immigration status in the 
                United States.
            (3) Committees of jurisdiction.--The term ``committees of 
        jurisdiction'' means--
                    (A) the Committee on the Judiciary of the Senate;
                    (B) the Committee on Health, Education, Labor, and 
                Pensions of the Senate;
                    (C) the Committee on the Judiciary of the House of 
                Representatives; and
                    (D) the Committee on Education and the Workforce of 
                the House of Representatives.
            (4) Danger of abuse or neglect at the hands of the parent 
        or legal guardian.--The term ``danger of abuse or neglect at 
        the hands of the parent or legal guardian'' does not include 
        dangers directly relating to migrating to or crossing the 
        United States border.
            (5) Designated agency.--The term ``designated agency'' 
        means--
                    (A) the Department of Homeland Security;
                    (B) the Department of Justice; and
                    (C) the Department of Health and Human Services.
            (6) Finding.--The term ``finding'' means an individualized 
        written assessment or screening by a trained agent or officer 
        that includes a consultation with a child welfare specialist 
        that has been formalized in accordance with sections 3(c), 4, 
        5, and 9.
            (7) Secretary.--Unless otherwise specified, the term 
        ``Secretary'' means the Secretary of Homeland Security.

SEC. 3. LIMITATION ON THE SEPARATION OF FAMILIES.

    (a) In General.--An agent or officer of a designated agency shall 
be prohibited from removing a child from his or her parent or legal 
guardian, at or near the port of entry or within 100 miles of the 
border of the United States, unless--
            (1) a State court, authorized under State law, terminates 
        the rights of a parent or legal guardian, determines that it is 
        in the best interests of the child to be removed from his or 
        her parent or legal guardian, in accordance with the Adoption 
        and Safe Families Act of 1997 (Public Law 105-89), or makes any 
        similar determination that is legally authorized under State 
        law;
            (2) an official from the State or county child welfare 
        agency with expertise in child trauma and development makes a 
        best interests determination that it is in the best interests 
        of the child to be removed from his or her parent or legal 
        guardian because the child is in danger of abuse or neglect at 
        the hands of the parent or legal guardian, or is a danger to 
        herself or others; or
            (3) the Chief Patrol Agent or the Area Port Director, in 
        his or her official and undelegated capacity, authorizes 
        separation upon the recommendation by an agent or officer and 
        based on a finding that--
                    (A) the child is a victim of trafficking or is at 
                significant risk of becoming a victim of trafficking;
                    (B) there is a strong likelihood that the adult is 
                not the parent or legal guardian of the child; or
                    (C) the child is in danger of abuse or neglect at 
                the hands of the parent or legal guardian, or is a 
                danger to themselves or others.
    (b) Prohibition on Separation.--An agency may not remove a child 
from a parent or legal guardian solely for the policy goal of--
            (1) deterring individuals from migrating to the United 
        States; or
            (2) promoting compliance with civil immigration laws.
    (c) Documentation Required.--The Secretary shall ensure that any 
separation authorized under subsection (a)(3)--
            (1) is documented in writing; and
            (2) includes (at a minimum)--
                    (A) the reason for such separation; and
                    (B) the stated evidence for such separation.

SEC. 4. RECOMMENDATIONS FOR SEPARATION BY AGENTS OR OFFICERS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary, in consultation with the 
Secretary of Health and Human Services, shall develop training and 
guidance, with an emphasis on the best interests of the child, 
childhood trauma, attachment, and child development, for use by the 
agents and officers, in order to standardize the implementation of 
section 3(a)(3).
    (b) Annual Review.--Not less frequently than annually, the 
Secretary of Health and Human Services shall--
            (1) review the guidance developed pursuant to subsection 
        (a); and
            (2) submit recommendations to the Secretary to ensure such 
        guidance is in accordance with current evidence and best 
        practices in child welfare, child development, and childhood 
        trauma.
    (c) Requirement.--The guidance developed pursuant to subsection (a) 
shall incorporate the presumptions described in section 5.
    (d) Additional Requirements.--
            (1) Evidence-based.--The guidance and training developed 
        pursuant to this section shall incorporate evidence-based 
        practices.
            (2) Training required.--
                    (A) Agents and officers.--All agents and officers 
                of designated agencies, upon hire, and annually 
                thereafter, shall complete training on adherence to the 
                guidance developed pursuant to subsection (a).
                    (B) Management.--All Chief Patrol Agents and Area 
                Port Directors, upon hire, and annually thereafter, 
                shall complete--
                            (i) training on adherence to the guidance 
                        developed pursuant to subsection (a); and
                            (ii) 90 minutes of child welfare practice 
                        training that is evidence-based and trauma-
                        informed.

SEC. 5. PRESUMPTIONS.

    In this Act--
            (1) there shall be a strong presumption in favor of family 
        unity;
            (2) the Secretary shall ensure, to the maximum extent 
        practicable, that sibling groups remain intact; and
            (3) there is a presumption that detention is not in the 
        best interests of families and children.

SEC. 6. REQUIRED POLICY FOR LOCATING SEPARATED CHILDREN.

    (a) Development.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of Health and Human Services, immigrant advocacy 
        organizations, child welfare organizations, and State child 
        welfare agencies, shall develop public guidance that describes, 
        with specificity, the manner in which a parent or legal 
        guardian may locate a child who was separated from the parent 
        or legal guardian pursuant to section 3(a).
            (2) Publication.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary shall publish the 
        final public guidance developed pursuant to paragraph (1).
    (b) Written Notification.--The Secretary shall provide each parent 
or legal guardian who is separated from a child pursuant to section 
3(a) with written notice of the public guidance to locate the separated 
child.
    (c) Language Access.--All guidance developed pursuant to subsection 
(a) shall be available--
            (1) in English and Spanish; and
            (2) at the request of a parent or legal guardian, in the 
        language or manner that is understandable by such parent or 
        legal guardian.

SEC. 7. REQUIRED INFORMATION FOR SEPARATED FAMILIES.

    Not less frequently than monthly, the Secretary shall provide the 
parent or legal guardian of a child from whom he or she was separated 
with--
            (1) a status report on the monthly activities of such 
        child;
            (2) information about the education and health of such 
        child, including any medical treatment provided to the child or 
        medical treatment recommended for the child;
            (3) information about changes to such child's immigration 
        status; and
            (4) other information about such child, which shall be 
        designed to promote and maintain family reunification, as 
        determined by the Secretary.

SEC. 8. ANNUAL REPORT ON FAMILY SEPARATION.

    Not later than 1 year after the date of the enactment of this Act, 
and annually thereafter, the Secretary shall submit a report to the 
committees of jurisdiction that describes each instance in which a 
child was separated from a parent or legal guardian and includes, for 
each such instance--
            (1) the relationship of the adult and the child;
            (2) the age and gender of the adult and child;
            (3) the length of separation;
            (4) whether the adult was charged with a crime, and if the 
        adult was charged with a crime, the type of crime;
            (5) whether the adult made a claim for asylum, expressed a 
        fear to return, or applied for other immigration relief;
            (6) whether the adult was prosecuted if charged with a 
        crime and the associated outcome of such charges;
            (7) the stated reason for, and evidence in support of, the 
        separation;
            (8) if the child was part of a sibling group at the time of 
        separation, whether the sibling group has had physical contact 
        and visitation;
            (9) whether the child was rendered an unaccompanied alien 
        child; and
            (10) other information in the Secretary's discretion.

SEC. 9. CLARIFICATIONS.

    (a) Parental Rights.--
            (1) In general.--If a child is separated from a parent or 
        legal guardian, and a State court has not made a determination 
        that the parental rights of such parent or legal guardian have 
        been terminated, there is a presumption that--
                    (A) the parental rights remain intact; and
                    (B) such separation does not constitute an 
                affirmative determination of abuse or neglect under 
                Federal or State law.
            (2) Rule of construction.--Nothing in this Act may be 
        construed to limit any independent rights that a parent, legal 
        guardian, or child may have under any source of law, including 
        the Settlement Agreement in Ms. L. v. ICE, 18-cv-00428 (S.D. 
        Cal. Dec. 11, 2023).
    (b) Rules of Construction.--
            (1) Federal law.--Nothing in this Act may be construed to 
        supersede or modify Federal child welfare law, as applicable, 
        including the Adoption and Safe Families Act of 1997 (Public 
        Law 105-89).
            (2) State law.--Nothing in this Act may be construed to 
        supersede or modify State child welfare laws, as applicable.

SEC. 10. GAO REPORT ON PROSECUTION OF ASYLUM SEEKERS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study of the prosecution of asylum seekers during the period 
beginning on January 1, 2014 and ending on December 31, 2023, 
including--
            (1) the total number of persons who claimed a fear of 
        persecution, received a favorable credible fear determination, 
        and were referred for prosecution;
            (2) an overview and analysis of the metrics used by the 
        Department of Homeland Security and the Department of Justice 
        to track the number of asylum seekers referred for prosecution;
            (3) the total number of asylum seekers referred for 
        prosecution, a breakdown and description of the criminal 
        charges filed against asylum seekers during such period, and a 
        breakdown and description of the convictions secured;
            (4) the total number of asylum seekers who were separated 
        from their children as a result of being referred for 
        prosecution;
            (5) a breakdown of the resources spent on prosecuting 
        asylum seekers during such period, as well as any diversion of 
        resources required to prosecute asylum seekers, and any costs 
        imposed on States and localities;
            (6) the total number of asylum seekers who were referred 
        for prosecution and also went through immigration proceedings; 
        and
            (7) the total number of asylum seekers referred for 
        prosecution who were deported before going through immigration 
        proceedings.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall submit a report to Congress 
that includes the results of the study conducted pursuant to subsection 
(a).
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