I 

114TH CONGRESS 

1ST SESSION H. R. 3605 

To establish humane practices for the repatriation of aliens at the border, 

establish effective standards for the treatment of certain aliens in the 

custody of the Department of Homeland Security, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 24, 2015 

Ms. ROYBAL-ALLARD introduced the following bill; which was referred to the 

Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish humane practices for the repatriation of aliens 

at the border, establish effective standards for the treatment of certain aliens in the custody of the Department 

of Homeland Security, 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 ‘‘Protect Family Values 

5 at the Border Act’’. 

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1 SEC. 2. PROTECTION OF FAMILY VALUES IN APPREHEN2 SION PROGRAMS. 

3 (a) PROCEDURES FOR MIGRATION DETERRENCE

4 PROGRAMS AT THE BORDER.—In any migration deter5 rence program carried out at a border, the Secretary and 

6 any cooperating entity shall for each apprehended indi7 vidual— 

8 (1) as soon as practicable after such individual 

9 is apprehended— 

10 (A) inquire through a standardized proce11 dure that shall be established by the Secretary 

12 not later than 90 days after the date of the en13 actment of this Act, as to whether such appre14 hended individual is— 

15 (i) a parent, legal guardian, or pri16 mary caregiver of a child; or 

17 (ii) traveling with a spouse, child, or 

18 sibling; and 

19 (B) ascertain whether repatriation of such 

20 apprehended individual presents any humani21 tarian concern or concern related to such appre22 hended individual’s physical safety; and 

23 (2) ensure that, with respect to a decision re24 lated to the repatriation or referral for prosecution 

25 of such apprehended individual, due consideration is 

26 given to— 

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1 (A) the best interests of such apprehended 

2 individual’s child; 

3 (B) family unity whenever possible; and 

4 (C) other public interest factors, including 

5 humanitarian concerns and concerns related to 

6 such apprehended individual’s physical safety. 

7 (b) MANDATORY TRAINING.—The Secretary, in con8 sultation with the Secretary of Health and Human Serv9 ices, the Attorney General, the Secretary of State, and 

10 independent immigration, child welfare, family law, and 

11 human rights law experts, shall— 

12 (1) develop and provide specialized training for 

13 all personnel of U.S. Customs and Border Protection 

14 and cooperating entities who come into contact with 

15 apprehended individuals regarding legal authorities, 

16 policies, and procedures relevant to the preservation 

17 of a child’s best interest, family unity, and other 

18 public interest factors, including factors described in 

19 subsection (a); and 

20 (2) require border enforcement personnel to un21 dertake periodic and continuing training on best 

22 practices and changes in relevant legal authorities, 

23 policies, and procedures referred to in paragraph 

24 (1). 

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1 (c) ANNUAL REPORT ON THE IMPACT OF MIGRATION

2 DETERRENCE PROGRAMS AT THE BORDER.— 

3 (1) IN GENERAL.—Not later than one year 

4 after the date of the enactment of this Act and an5 nually thereafter, the Secretary shall submit to Con6 gress a report that describes the impact of migration 

7 deterrence programs on parents, legal guardians, 

8 primary caregivers of a child, individuals traveling 

9 with a spouse, child, or sibling, and individuals who 

10 present humanitarian considerations or concerns re11 lated to such individual’s physical safety. 

12 (2) CONTENTS.—Each report required under 

13 paragraph (1) shall include for the previous year pe14 riod an assessment of— 

15 (A) the number of apprehended individuals 

16 removed, repatriated, or referred for prosecu17 tion who are the parent, legal guardian, or pri18 mary caregiver of a child who is a citizen of the 

19 United States; 

20 (B) the number of occasions in which both 

21 parents, or the primary caretaker of such a 

22 child was removed, repatriated, or referred for 

23 prosecution as part of a migration deterrence 

24 program; 

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1 (C) the number of apprehended individuals 

2 traveling with a spouse, parent, grandparent, 

3 sibling, or child who are removed, repatriated, 

4 or referred for prosecution; and 

5 (D) the impact of migration deterrence 

6 programs on public interest factors, including 

7 humanitarian concerns and physical safety. 

8 (d) REGULATIONS.—Not later than 120 days after 

9 the date of the enactment of this Act, the Secretary shall 

10 promulgate regulations to implement this section. 

11 SEC. 3. LIMITING DANGEROUS DEPORTATION PRACTICES. 

12 (a) CERTIFICATION REQUIRED.— 

13 (1) IN GENERAL.—Not later than one year 

14 after the date of the enactment of this Act and every 

15 180 days thereafter, the Secretary, except as pro16 vided in paragraph (2), shall submit to Congress 

17 written certification that the Department has de18 ported or otherwise removed for a violation of the 

19 Immigration and Nationality Act (8 U.S.C. 1101 et 

20 seq.) an apprehended individual from the United 

21 States through an entry or exit point on the south22 ern border only during daylight hours. 

23 (2) EXCEPTION.—The certification required 

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1 tion or removal of an apprehended individual other2 wise described in such paragraph if— 

3 (A) the manner of such deportation or re4 moval is justified by a compelling governmental 

5 interest; and 

6 (B) such apprehended individual is not a 

7 child and such apprehended individual agrees to 

8 be deported or removed in such manner after 

9 being notified of the intended manner of depor10 tation or removal. 

11 (b) CONSULTATION.—The Secretary shall consult 

12 with the Secretary of State and with local service providers 

13 at ports of entry, including shelters, hospitals, and centers 

14 for deported women and children, when negotiating or re15 negotiating agreements with the Government of Mexico 

16 and State and local entities governing arrangements for 

17 the deportation or removal of apprehended individuals to 

18 determine appropriate hours, subject to subsection (a), for 

19 conducting deportations and removals, and identifying 

20 safety concerns at deportation and removal sites. 

21 SEC. 4. SHORT-TERM CUSTODY STANDARDS. 

22 (a) IN GENERAL.—Not later than 180 days after the 

23 date of the enactment of this Act, the Secretary, in con24 sultation with the head of the Office of Civil Rights and 

25 Civil Liberties of the Department, shall promulgate regumstockstill on DSK4VPTVN1PROD with BILLS

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1 lations establishing short-term custody standards pro2 viding for basic minimums of care at all U.S. Customs 

3 and Border Protection (CBP) facilities holding individuals 

4 in CBP custody, including— 

5 (1) Border Patrol stations; 

6 (2) ports of entry; 

7 (3) checkpoints; 

8 (4) forward operating bases; 

9 (5) secondary inspection areas; and 

10 (6) short-term custody facilities. 

11 (b) REQUIREMENTS.—The regulations promulgated 

12 in accordance with subsection (a) shall ensure that deten13 tion space capacity will not be exceeded except in emer14 gency circumstances, and that all individuals in CBP cus15 tody receive— 

16 (1) potable water and a snack, and, if detained 

17 for more than five hours, a nutritious meal with reg18 ular nutritious meals (at least one of which daily 

19 must be heated), and snacks, thereafter; 

20 (2) medically appropriate meals or snacks if 

21 such individuals are pregnant or have medical needs; 

22 (3) access to bathroom facilities, as well as 

23 basic toiletries and hygiene items, including soap, a 

24 toothbrush, toilet paper, and other items appropriate 

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1 for the age and gender identification of such individ2 uals, such as diapers and feminine hygiene products; 

3 (4) a cot, clean linens, and blankets, if detained 

4 for more than five hours; 

5 (5) adequate lighting and climate control that 

6 achieves a reasonable indoor temperature; 

7 (6) a physical and mental health screening con8 ducted promptly upon arrival in a manner that com9 plies with the requirements for such screenings spec10 ified in the currently applicable National Commis11 sion for Correctional Health Care Jails Standards, 

12 as well as information about the availability of, and 

13 access to, health care services that is communicated 

14 in a form and language such individuals are known 

15 to understand; 

16 (7) immediate physical and mental health needs 

17 addressed by a qualified health care professional as 

18 soon as possible; 

19 (8) prompt notice of the ability to make one 

20 telephone call at any time after arrest, telephone ac21 cess to make such call, and the phone numbers to 

22 file a complaint with the Office of the Inspector 

23 General of the Department and the Office for Civil 

24 Rights and Civil Liberties of the Department; 

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1 (9) to the extent practicable, a reasonable ac2 commodation to respect such individuals’ religious 

3 practices; 

4 (10) all protections under the Prison Rape 

5 Elimination Act of 2003 (42 U.S.C. 15601 et seq.; 

6 Public Law 108–79), except that certain protections 

7 shall not apply at a particular CBP facility if the 

8 Commissioner of CBP determines that implementa9 tion at that particular facility of such a protection 

10 would be impracticable; 

11 (11) safe transport, including prevention of sex12 ual assault during transfer, including in subcon13 tracted transportation services, while such individ14 uals are transported from a CBP facility; and 

15 (12) an administrative exit interview, upon re16 lease from CPB custody and after individuals have 

17 an opportunity to receive and review their belong18 ings, with translations as necessary, which contains 

19 the questions described in subsection (c), or substan20 tially similar questions. 

21 (c) EXIT INTERVIEW QUESTIONS.—The questions de22 scribed in this section are as follows: 

23 (1) Have all belongings, including money and 

24 identification been returned to you? 

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1 (2) Were you apprehended with family mem2 bers? If so, have you received information about 

3 where your family member is and how and when you 

4 may be reunited? 

5 (3) Have you received information about how to 

6 file a complaint? 

7 (4) Do you wish to file a complaint now about 

8 your treatment or conditions while in CPB custody? 

9 (d) FURTHER PROVISIONS.—The Commissioner of 

10 CBP shall ensure that all individuals in CBP custody— 

11 (1) have regular access to consular officials and 

12 Government-funded legal service providers through 

13 confidential in-person visits or telephonic commu14 nications; 

15 (2) receive copies of all signed documents; and 

16 (3) are transferred to an appropriate U.S. Im17 migration and Customs Enforcement or Department 

18 of Health and Human Services Office of Refugee 

19 Resettlement facility or are released from short-term 

20 custody within 72 hours of apprehension. 

21 (e) SURVEILLANCE OF CERTAIN INDIVIDUALS IN

22 CBP CUSTODY.—The Commissioner of CBP shall ensure 

23 constant surveillance of an individual in CBP custody who 

24 exhibits signs of hostility, depression, or similar behaviors, 

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1 or who is reasonably known to pose an elevated suicide 

2 risk. 

3 (f) PHYSICAL AND MENTAL HEALTH ASSESS4 MENT.—The Commissioner of CBP shall ensure that indi5 viduals in CBP custody for more than 24 hours, receive, 

6 in addition to the physical and mental health screening 

7 specified in subsection (b)(6), a physical and mental 

8 health assessment by a qualified healthcare professional. 

9 To the extent practicable, such individuals with known or 

10 readily apparent disabilities, including temporary disabil11 ities, shall be housed in a manner that accommodates their 

12 mental or physical condition, or both, and provides for the 

13 safety, comfort, and security of such individuals. 

14 (g) RETURN OF CERTAIN BELONGINGS.—Any lawful, 

15 nonperishable belongings of an individual in CBP custody 

16 that are confiscated by personnel operating under Federal 

17 authority shall be returned to such individual prior to the 

18 deportation or removal of such individual. 

19 (h) INSPECTION OF SHORT-TERM CUSTODY FACILI20 TIES.—Short-term custody facilities shall be inspected at 

21 least once every year by the Department of Homeland Se22 curity Office for Civil Rights and Civil Liberties, with the 

23 results made public without the need to submit a request 

24 under section 552 of title 5, United States Code. 

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1 (i) CONSULTATION.—The Secretary shall seek input 

2 from nongovernmental organizations regarding their inde3 pendent opinion of specific facilities and permit regular 

4 access to nongovernmental organizations for human rights 

5 monitoring. 

6 (j) REGULATIONS.—Not later than 180 days after 

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

8 promulgate regulations to— 

9 (1) establish a publicly accessible online system 

10 to track the location of individuals in CBP custody 

11 held in short-term custody, and provide an online 

12 list of all locations with phone numbers routinely 

13 used to hold individuals in short-term custody; 

14 (2) improve the education of individuals in CBP 

15 custody regarding administrative procedures and 

16 legal rights under United States immigration law, in 

17 consultation with the Executive Office for Immigra18 tion Review; and 

19 (3) ensure notification of the Office of Inspector 

20 General and Department of Homeland Security Of21 fice for Civil Rights and Civil Liberties within 48 

22 hours of all instances in which— 

23 (A) an individual in CBP custody has died, 

24 including during transfer to another facility or 

25 while being released; or 

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1 (B) an individual has died as the result of 

2 an encounter with CBP. 

3 (k) ANNUAL REPORTS.—Not later than 180 days 

4 after the date of the enactment of this Act and annually 

5 thereafter, the Secretary shall submit to Congress a report 

6 that details all instances in which an individual in CBP 

7 custody has died in the prior fiscal year, including during 

8 transfer to another facility or while being released, as well 

9 as all instances in which an individual has died as the re10 sult of an encounter with CBP, and the result of any sub11 sequent investigation. Such reports shall also detail all in12 stances in which an individual, including an individual in 

13 the custody of CBP, has suffered serious injuries requiring 

14 hospitalization as a result of the use of force by CBP. 

15 SEC. 5. DEFINITIONS. 

16 In this Act: 

17 (1) APPREHENDED INDIVIDUAL.—The term 

18 ‘‘apprehended individual’’ means an individual ap19 prehended by personnel of the Department of Home20 land Security or of a cooperating entity. 

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

22 international border of the United States. 

23 (3) CHILD.—Except as otherwise specifically 

24 provided, the term ‘‘child’’ has the meaning given 

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1 such term in section 101(b)(1) of the Immigration 

2 and Nationality Act (8 U.S.C. 1101(b)(1)). 

3 (4) COOPERATING ENTITY.—The term ‘‘cooper4 ating entity’’ means a State or local entity acting 

5 pursuant to an agreement with the Secretary. 

6 (5) DEPARTMENT.—The term ‘‘Department’’ 

7 means the Department of Homeland Security. 

8 (6) MIGRATION DETERRENCE PROGRAM.—The 

9 term ‘‘migration deterrence program’’ means an ac10 tion related to the repatriation or referral for pros11 ecution of one or more apprehended individuals for 

12 a suspected or confirmed violation of the Immigra13 tion and Nationality Act (8 U.S.C. 1101 et seq.) by 

14 the Secretary or a cooperating entity. 

15 (7) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Homeland Security. 

17 (8) UNACCOMPANIED ALIEN CHILD.—The term 

18 ‘‘unaccompanied alien child’’ has the meaning given 

19 such term in section 462 of the Homeland Security 

20 Act of 2002 (6 U.S.C. 279). 

Æ 

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