I 

116TH CONGRESS 

1ST SESSION H. R. 1012 

To reunite families separated at or near ports of entry, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2019 

Mr. ESPAILLAT (for himself, Ms. BONAMICI, Mr. SERRANO, Ms. JAYAPAL, Mr. 

GARCI ́A of Illinois, and Mr. BEYER) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

To reunite families separated at or near ports of entry, 

and for other purposes. 

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 TITLE. 

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: 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 1012 IH

1 (1) APPREHENDED PARENT OR LEGAL GUARD2 IAN.—The term ‘‘apprehended parent or legal 

3 guardian’’ means an alien who— 

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

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

6 alien child; and 

7 (C) was apprehended by DHS, the Depart8 ment of Justice, or any other entity authorized 

9 to enforce section 275 of the Immigration and 

10 Nationality Act (8 U.S.C. 1325). 

11 (2) BORDER.—The term ‘‘border’’ means an 

12 international border of the United States. 

13 (3) CHILD.—The term ‘‘child’’ means an alien 

14 who— 

15 (A) has not reached 18 years of age; and 

16 (B) has no permanent immigration status 

17 in the United States. 

18 (4) DHS.—The term ‘‘DHS’’ means the De19 partment of Homeland Security. 

20 (5) HHS.—The term ‘‘HHS’’ means the De21 partment of Health and Human Services. 

22 SEC. 3. REUNIFICATION OF SEPARATED FAMILIES. 

23 (a) RULEMAKING.— 

24 (1) RULE.—Not later than 10 days after the 

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


kjohnson on DSK79L0C42 with BILLS
3 

•HR 1012 IH

1 Homeland Security and the Secretary of Health and 

2 Human Services, after immediate consultation with 

3 humanitarian organizations, child welfare organiza4 tions, State child welfare agencies, and States con5 tiguous with the border with Mexico, shall promul6 gate and publish a rule through a direct final rule 

7 that specifically describes the coordinated efforts 

8 that DHS and HHS will undertake to aid an appre9 hended parent or legal guardian in locating and re10 uniting with any children separated from them at or 

11 near the port of entry, or within 100 miles of the 

12 border, pursuant to applicable law. 

13 (2) DEVELOPMENT; SERVICES; PUBLICATION.— 

14 The rule promulgated pursuant to paragraph (1) 

15 shall— 

16 (A) be developed to protect the best inter17 ests of affected children; 

18 (B) describe all pro bono or government19 funded services, including immigration services, 

20 available for apprehended parents and legal 

21 guardians or affected children; and 

22 (C) be made publicly available in writing 

23 and on the websites of DHS and HHS. 


kjohnson on DSK79L0C42 with BILLS
4 

•HR 1012 IH

1 (b) COVERAGE OF JOINT RULE.—The rule published 

2 pursuant to subsection (a) shall outline the coordinated 

3 efforts of DHS and HHS, including efforts— 

4 (1) to develop and conduct family tracing proce5 dures, in cooperation with nongovernmental experts 

6 in child welfare best practices; 

7 (2) to maintain a functional, accessible, fre8 quent, and no-cost means for apprehended parents 

9 and legal guardians to contact their child through a 

10 telephone hotline or visual conferencing— 

11 (A) to obtain daily-updated information 

12 about the location of their child and all sched13 uled immigration proceedings for their child; 

14 and 

15 (B) to set up opportunities to speak with 

16 their child not fewer than 3 times per week, in17 cluding at least once by video; 

18 (3) to facilitate substantial daily access of non19 governmental case workers, child advocates, and 

20 legal counsel to children separated from their appre21 hended parents and legal guardians to represent 

22 these children’s best interests in custody decisions 

23 and immigration proceedings; 

24 (4) to provide for humanitarian organizations 

25 and State and local child welfare agencies in the juVerDate Sep 11 2014 01:32 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1012.IH H1012

kjohnson on DSK79L0C42 with BILLS
5 

•HR 1012 IH

1 risdictions in which the children are located to con2 duct unannounced, independent weekly inspections 

3 of all DHS and HHS facilities at which children 

4 who are separated from their apprehended parents 

5 or legal guardians are in custody; 

6 (5) to coordinate with the Department of State 

7 and embassies and consulates of foreign govern8 ments to locate apprehended parents and legal 

9 guardians of children who have departed from the 

10 United States; 

11 (6) to provide clear notice to apprehended par12 ents and legal guardians of their legal rights, includ13 ing— 

14 (A) their parental and guardianship rights 

15 with respect to their child who has been des16 ignated as an unaccompanied alien child; and 

17 (B) their right to designate another par18 ent, legal guardian, or other qualified adult cus19 todian to sponsor and care for such child; 

20 (7) to facilitate information sharing by appre21 hended parents and legal guardians about any ar22 rangements to depart the United States with their 

23 consulate, their child, their child’s case worker, legal 

24 counsel, child advocate, and other adult custodians 

25 in advance of their departure; 


kjohnson on DSK79L0C42 with BILLS
6 

•HR 1012 IH

1 (8) to provide apprehended parents and legal 

2 guardians with order of deportation or removal ac3 cess to nongovernmental organizations providing as4 sistance with locating and reunifying with their 

5 child; 

6 (9) to provide cost-free transportation of chil7 dren separated from their apprehended parents or 

8 legal guardians to reunite with them or another par9 ent, legal guardian, or other qualified adult custo10 dian to which the children consent; 

11 (10) to establish a recordkeeping system that 

12 will maintain information to aid the reunification of 

13 every child separated from an apprehended parent or 

14 legal guardian; 

15 (11) to provide free telephone calls between ap16 prehended parents or legal guardians and their 

17 child; 

18 (12) to provide legal counsel to children sepa19 rated from their apprehended parents or legal 

20 guardians and to ensure that every such child is rep21 resented by a licensed attorney; and 

22 (13) to otherwise assist with the reunification 

23 of separated families. 

24 (c) WRITTEN NOTIFICATION.—Shortly after the rule 

25 is published pursuant to subsection (a), the Secretary of 


kjohnson on DSK79L0C42 with BILLS
7 

•HR 1012 IH

1 Homeland Security, the Secretary of Health and Human 

2 Services, and the Attorney General shall provide each ap3 prehended parent or legal guardian who has been sepa4 rated from his or her child written notice, in English, 

5 Spanish, or another language understandable by the par6 ent or legal guardian, upon request, of any rules or guid7 ance that may assist them in their efforts to locate and 

8 reunify with their child. 

9 (d) REUNIFICATION REQUIRED.—DHS and HHS 

10 shall ensure immediate reunification of children that re11 main separated from their apprehended parent or legal 

12 guardian. 

13 (e) OTHER REQUIREMENTS.—DHS and HHS 

14 shall— 

15 (1) issue a privacy impact assessment related to 

16 the use of DNA testing under section 4; and 

17 (2) establish a process for redressing violations 

18 of the requirements under this section. 

19 (f) EXEMPTIONS.—DHS and HHS may not reunite 

20 an apprehended parent or legal guardian with their child 

21 under this section if— 

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

23 of trafficking, or is at significant risk of becoming 

24 a victim of trafficking, by that apprehended parent 

25 or legal guardian, as determined by a Chief Border 


kjohnson on DSK79L0C42 with BILLS
8 

•HR 1012 IH

1 Patrol Agent or Customs and Border Protection 

2 Area Port Director in their official and undelegated 

3 capacity; 

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

5 or neglect at the hands of the apprehended parent 

6 or legal guardian; 

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

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

9 from a State or county child welfare agency in his 

10 or her official and undelegated capacity; or 

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

12 not the apprehended parent or legal guardian of the 

13 child. 

14 SEC. 4. DNA TESTING. 

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

16 DNA testing to determine family relationships, DHS and 

17 HHS shall use other techniques commonly utilized by 

18 United States courts for determining family relationships, 

19 including official documents, representations from a wit20 ness, parent, relative, or child, and observations of inter21 actions between the adult and the child. 

22 (b) DNA TESTING.— 

23 (1) IN GENERAL.—DNA testing may not be re24 quired as a condition of reunification if alternative 

25 means of demonstrating a familial relationship have 


kjohnson on DSK79L0C42 with BILLS
9 

•HR 1012 IH

1 been established. If reasonable suspicions remain 

2 about a familial relationship after exhausting the 

3 techniques referred to in subsection (a), DNA test4 ing may be used. 

5 (2) PROTOCOLS.—DHS and HHS shall develop 

6 protocols for establishing a familial relationship if an 

7 individual does not want to consent to DNA testing 

8 or may not have a biological relationship with a 

9 child. 

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

11 used, DHS and HHS shall use the least privacy12 invasive type of DNA test available to confirm the 

13 claimed relationship and may not charge the child or 

14 apprehended parent or legal guardian for the costs 

15 of conducting such testing. 

16 (4) CONSENT.—DHS and HHS shall— 

17 (A) obtain the consent of any individual 

18 older than 18 years of age before conducting a 

19 DNA test; 

20 (B) make every effort to obtain the con21 sent of a legal guardian before conducting a 

22 DNA test on anyone younger than 18 years of 

23 age; and 

24 (C) destroy DNA samples as soon as pos25 sible and not later than 7 days after completing 


kjohnson on DSK79L0C42 with BILLS
10 

•HR 1012 IH

1 the required DNA matching tests to minimize 

2 any potential misuse of genetic information col3 lected under this subsection. 

4 (c) PROTECTION OF INFORMATION.— 

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

6 the purposes of reunification, DHS and HHS shall 

7 ensure the protection of privacy, genetic data, and 

8 personal information of children, parents, all individ9 uals being tested, and their relatives. 

10 (2) OTHER USES PROHIBITED.—DHS, HHS, 

11 and private entities may only access, use, or store 

12 any personal DNA information collected under this 

13 subsection for family reunification purposes and are 

14 prohibited from sharing any such information with 

15 Federal agencies other than those carrying out the 

16 reunification process. Information collected under 

17 this section may not be used by the Federal Govern18 ment for any other purpose, including criminal or 

19 immigration enforcement. 

20 (d) DNA MATCH.— 

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

22 match is identified, DHS and HHS shall reunite 

23 family members as expeditiously as possible. 

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

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


kjohnson on DSK79L0C42 with BILLS
11 

•HR 1012 IH

1 match between a child and an apprehended parent 

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

3 is no familial relationship between such child and 

4 such parent if— 

5 (A) the familial relationship is not biologi6 cal; or 

7 (B) the familial relationship may be estab8 lished through alternative means. 

9 SEC. 5. ENHANCED PROTECTIONS FOR SEPARATE FAMI10 LIES. 

11 (a) IN GENERAL.—The Secretary of Homeland Secu12 rity shall establish secure alternative programs that incor13 porate case management services in each field office of 

14 DHS to ensure appearances at immigration proceedings 

15 and public safety. 

16 (b) ALTERNATIVES TO DETENTION.— 

17 (1) CONTRACT AUTHORITY.—The Secretary of 

18 Homeland Security shall contract with nongovern19 mental, community-based organizations to conduct 

20 screening of detainees, provide appearance assist21 ance services, and operate community-based super22 vision programs. Secure alternatives shall offer a 

23 continuum of supervision mechanisms and options, 

24 including community support, depending on an as25 sessment of each individual’s circumstances. The 


kjohnson on DSK79L0C42 with BILLS
12 

•HR 1012 IH

1 Secretary may contract with nongovernmental orga2 nizations to implement secure alternatives that 

3 maintain custody over the alien. 

4 (2) ELIGIBILITY DETERMINATION.— 

5 (A) RELEASE.—The Secretary of Home6 land Security shall release each apprehended 

7 parent or legal guardian on recognizance, pa8 role, or bond, or permit such parent or legal 

9 guardian to participate in an alternative to de10 tention program, such as the Family Case Man11 agement Program authorized under subsection 

12 (c), unless the Secretary demonstrates that 

13 such participation would create a substantial 

14 risk that the apprehended parent or legal 

15 guardian is likely to cause harm to himself, her16 self, or others. 

17 (B) BURDEN OF PROOF.—In order to dem18 onstrate that continued detention is necessary, 

19 the Secretary shall produce clear and con20 vincing evidence of risk factors, including cred21 ible and individualized information. 

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

23 after the Secretary determines that an appre24 hended parent or legal guardian is ineligible for 

25 an alternative to detention program under this 


kjohnson on DSK79L0C42 with BILLS
13 

•HR 1012 IH

1 subsection, the parent or legal guardian shall be 

2 provided with an opportunity to appeal such de3 termination in a hearing before an immigration 

4 judge. 

5 (c) RESTORATION OF THE FAMILY CASE MANAGE6 MENT PROGRAM.— 

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

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

9 of Homeland Security shall restore the 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 to be run through a contract with a not-for-profit 

15 entity. 

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 as an unaccomVerDate Sep 11 2014 01:32 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1012.IH H1012

kjohnson on DSK79L0C42 with BILLS
14 

•HR 1012 IH

1 panied alien child for the duration of his or her immigra2 tion proceedings. 

3 (e) AUTOMATIC STAY OF REMOVAL OF APPRE4 HENDED PARENTS AND LEGAL GUARDIANS DURING

5 CHILD’S IMMIGRATION PROCEEDINGS.—Until the earlier 

6 of the date on which the child’s immigration proceedings 

7 are concluded or the date on which the child reaches 18 

8 years of age, the Secretary of Homeland Security may not 

9 remove an apprehended parent or legal guardian of such 

10 child from the United States unless the apprehended par11 ent or legal guardian, after being afforded the opportunity 

12 for legal consultation, 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— 


kjohnson on DSK79L0C42 with BILLS
15 

•HR 1012 IH

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 APPREHENDED 

9 PARENTS OR LEGAL GUARDIANS. 

10 (a) IN GENERAL.—The Secretary of Homeland Secu11 rity, the Attorney General, and the Secretary of Health 

12 and Human Services (referred to collectively in this sec13 tion as the ‘‘Secretaries’’) shall jointly establish an inter14 agency office, which shall be known as the ‘‘Office for Lo15 cating and Reuniting Children with Parents’’ (referred to 

16 in this section as the ‘‘Office’’) and shall be responsible 

17 for expediting and facilitating the reunification of children 

18 and apprehended parents or legal guardians after entering 

19 the United States. 

20 (b) DUTIES.—The Office shall— 

21 (1) expeditiously implement guidance des22 ignated for its jurisdiction; 

23 (2) establish 24-hour priority data and informa24 tion communication networks between HHS, DHS, 

25 and the Department of Justice; and 


kjohnson on DSK79L0C42 with BILLS
16 

•HR 1012 IH

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 children with their apprehended parents or legal 

6 guardians. 

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 apprehended parent or legal 

12 guardian; 

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

14 physically reunified with their apprehended parent 

15 or legal guardian; 

16 (3) the physical location of apprehended par17 ents and legal guardians who have yet to be reunited 

18 with their child, including the apprehended parents 

19 and legal guardians who have been deported without 

20 their child; 

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

22 yet been physically reunited with their apprehended 

23 parent or legal guardian; and 

24 (5) an outline of the progress made in imple25 menting the rule published pursuant to section 3(a). 


kjohnson on DSK79L0C42 with BILLS
17 

•HR 1012 IH

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 laws. 

19 SEC. 9. REALLOCATION OF DHS APPROPRIATIONS. 

20 (a) IN GENERAL.—Of the amount allocated to Immi21 gration and Customs Enforcement for fiscal year 2019 for 

22 enforcement, detention, and removal operations, 

23 $50,000,000 shall be reallocated to carry out sections 3 

24 and 5(a). 


kjohnson on DSK79L0C42 with BILLS
18 

•HR 1012 IH

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. 

4 SEC. 10. COUNSEL FOR CHILDREN AND VULNERABLE 

5 ALIENS. 

6 (a) CLARIFICATION REGARDING THE AUTHORITY OF

7 THE ATTORNEY GENERAL TO APPOINT COUNSEL TO

8 ALIENS IN IMMIGRATION PROCEEDINGS.—Section 292 of 

9 the Immigration and Nationality Act (8 U.S.C. 1362) is 

10 amended— 

11 (1) by striking ‘‘In any removal proceedings be12 fore an immigration judge and in any appeal pro13 ceedings before the Attorney General from any such 

14 removal proceedings,’’ and inserting the following: 

15 ‘‘(a) IN GENERAL.—In a proceeding conducted under 

16 any section of this Act,’’; 

17 (2) in subsection (a), as amended by paragraph 

18 (1)— 

19 (A) by striking ‘‘(at no expense to the Gov20 ernment)’’; and 

21 (B) by striking ‘‘he shall’’ and inserting 

22 ‘‘the person shall’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(b) ACCESS TO COUNSEL.—The Attorney General 

25 may appoint or provide counsel to aliens in any proceeding 


kjohnson on DSK79L0C42 with BILLS
19 

•HR 1012 IH

1 conducted under any section of this Act. The Secretary 

2 of Homeland Security shall ensure that— 

3 ‘‘(1) aliens have access to counsel inside all im4 migration detention and border facilities; 

5 ‘‘(2) children do not appear before an immigra6 tion judge without counsel; and 

7 ‘‘(3) children have their cases heard individ8 ually.’’. 

9 (b) APPOINTMENT OF COUNSEL FOR CHILDREN AND

10 VULNERABLE ALIENS.— 

11 (1) IN GENERAL.—Section 292 of the Immigra12 tion and Nationality Act (8 U.S.C. 1362), as amend13 ed by subsection (a), is further amended by adding 

14 at the end the following: 

15 ‘‘(c) CHILDREN AND VULNERABLE ALIENS.—Not16 withstanding subsection (b), the Attorney General shall 

17 appoint counsel, at the expense of the Government if nec18 essary, at the beginning of the proceedings or as expedi19 tiously as possible, to represent in such proceedings any 

20 alien who has been determined by the Secretary of Home21 land Security or the Attorney General to be— 

22 ‘‘(1) a child (as defined in section 101(b)(1)); 

23 ‘‘(2) a particularly vulnerable individual, such 

24 as— 

25 ‘‘(A) a person with a disability; or 


kjohnson on DSK79L0C42 with BILLS
20 

•HR 1012 IH

1 ‘‘(B) a victim of abuse, torture, or violence; 

2 or 

3 ‘‘(3) an individual whose circumstances are 

4 such that the appointment of counsel is necessary to 

5 help ensure fair resolution and efficient adjudication 

6 of the proceedings. 

7 ‘‘(d) EXTENSION TO CONSOLIDATED CASES.—If the 

8 Attorney General has consolidated the case of any alien 

9 for whom counsel was appointed under subsection (c) with 

10 that of any other alien, and that other alien does not have 

11 counsel, then the counsel appointed under subsection (c) 

12 shall be appointed to represent such other alien. 

13 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

14 is authorized to be appropriated to the Executive Office 

15 of Immigration Review of the Department of Justice such 

16 sums as may be necessary to carry out this section.’’. 

17 (2) RULEMAKING.—The Attorney General shall 

18 promulgate regulations to implement section 292(c) 

19 of the Immigration and Nationality Act, as added by 

20 paragraph (1), in accordance with the requirements 

21 set forth in section 3006A of title 18, United States 

22 Code. 

23 SEC. 11. ESTABLISHMENT OF LIMIT ON BOND. 

24 Section 236(a) of the Immigration and Nationality 

25 Act (8 U.S.C. 1226(a)) is amended— 


kjohnson on DSK79L0C42 with BILLS
21 

•HR 1012 IH

1 (1) in paragraph (2)(A), by striking ‘‘bond of at 

2 least $1,500’’ and inserting ‘‘subject to paragraph 

3 (4), bond in an amount that is not more than 

4 $1,500’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(4) The limit on the amount of bond in para7 graph (2)(A) shall not apply with respect to an alien 

8 who has committed an aggravated felony.’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS