II 

116TH CONGRESS 

1ST SESSION S. 2113 

To protect the health and safety of children in immigration detention, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 15, 2019 

Mr. MERKLEY (for himself, Mr. SCHUMER, Mrs. FEINSTEIN, Mr. DURBIN, 

Mrs. MURRAY, Ms. HIRONO, Mr. COONS, Ms. KLOBUCHAR, Mr. LEAHY, 

Ms. CANTWELL, Mr. REED, Mr. BENNET, Ms. BALDWIN, Mr. SANDERS, 

Mr. VAN HOLLEN, Ms. WARREN, Mr. MENENDEZ, Mr. CARDIN, Mr. 

WYDEN, Mr. SCHATZ, Ms. CORTEZ MASTO, Mr. WHITEHOUSE, Ms. 

ROSEN, Mr. BLUMENTHAL, Mr. MARKEY, Mrs. GILLIBRAND, Mr. WARNER, Mr. KAINE, Ms. HARRIS, Mr. MURPHY, Ms. DUCKWORTH, Ms. 

HASSAN, Ms. SMITH, Mrs. SHAHEEN, Mr. BOOKER, Mr. CASEY, Mr. 

KING, Ms. STABENOW, Mr. BROWN, and Mr. CARPER) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To protect the health and safety of children in immigration 

detention, 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; PURPOSE. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Stop Cruelty to Migrant Children Act’’. 


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1 (b) PURPOSE.—The purpose of this Act is to reaffirm 

2 that— 

3 (1) the Federal Government is responsible for 

4 the health, safety, and well-being of children and 

5 families in the custody of the Federal Government; 

6 (2) children and families should only be in the 

7 custody of the Federal Government for as little time 

8 as possible; and 

9 (3) during any period in which children or fami10 lies are in the custody of the Federal Government— 

11 (A) they should be treated with dignity, re12 spect, and care; and 

13 (B) every effort should be made to mini14 mize trauma, isolation, and conditions resem15 bling prison. 

16 SEC. 2. DEFINITIONS. 

17 In this Act: 

18 (1) ALIEN.—The term ‘‘alien’’ has the meaning 

19 given the term in section 101(a) of the Immigration 

20 and Nationality Act (8 U.S.C. 1101(a)). 

21 (2) APPROPRIATE COMMITTEES OF CON22 GRESS.—The term ‘‘appropriate committees of Con23 gress’’ means— 

24 (A) the Committee on Appropriations, the 

25 Committee on Homeland Security and GovernVerDate Sep 11 2014 00:25 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2113.IS S2113

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1 mental Affairs, the Committee on Health, Edu2 cation, Labor, and Pensions, and the Com3 mittee on the Judiciary of the Senate; and 

4 (B) the Committee on Appropriations, the 

5 Committee on Homeland Security, the Com6 mittee on Education and Labor, and the Com7 mittee on the Judiciary of the House of Rep8 resentatives. 

9 (3) CHILD.—The term ‘‘child’’ means an indi10 vidual who— 

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

12 (B) does not have permanent immigration 

13 status in the United States. 

14 (4) DETAINED INDIVIDUAL.—The term ‘‘de15 tained individual’’ means any individual, including 

16 an unaccompanied alien child, held in immigration 

17 detention under the Immigration and Nationality 

18 Act (8 U.S.C. 1101 et seq.). 

19 (5) INFLUX.—The term ‘‘influx’’ means a pe20 riod during which— 

21 (A) not less than 95 percent of the avail22 able beds in permanent shelters for unaccom23 panied alien children are occupied; and 

24 (B) the average length of care for unac25 companied alien children in custody of the SecVerDate Sep 11 2014 00:25 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2113.IS S2113

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1 retary of Health and Human Services exceeds 

2 35 days. 

3 (6) INFLUX CARE FACILITY.—The term ‘‘influx 

4 care facility’’ means an Office of Refugee Resettle5 ment facility that is operated to provide temporary 

6 emergency shelter and services for unaccompanied 

7 alien children during an influx or emergency. 

8 (7) OFFICE OF REFUGEE RESETTLEMENT FA9 CILITY.—The term ‘‘Office of Refugee Resettlement 

10 facility’’ means any facility at which unaccompanied 

11 alien children are in the care and custody of the Sec12 retary of Health and Human Services. 

13 (8) STANDARD CARE FACILITY.—The term 

14 ‘‘standard care facility’’ means an Office of Refugee 

15 Resettlement facility— 

16 (A) that provides residential care for unac17 companied alien children; and 

18 (B) at which all programmatic components 

19 are administered onsite and in the least restric20 tive environment. 

21 (9) UNACCOMPANIED ALIEN CHILD.—The term 

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

23 the term in section 462(g) of the Homeland Security 

24 Act of 2002 (6 U.S.C. 279(g)). 


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1 SEC. 3. ENSURING THAT FAMILIES REMAIN TOGETHER. 

2 (a) LIMITATION ON THE SEPARATION OF FAMI3 LIES.— 

4 (1) IN GENERAL.—An agent or officer of U.S. 

5 Customs and Border Protection shall not remove a 

6 child from his or her parent or legal guardian at or 

7 near a port of entry or within 100 miles of the bor8 der of the United States unless one of the following 

9 situations has occurred: 

10 (A) A State court, authorized under State 

11 law— 

12 (i) terminates the rights of the parent 

13 or legal guardian; 

14 (ii) determines that it is in the best 

15 interests of the child to be removed from 

16 the parent or legal guardian, in accordance 

17 with the Adoption and Safe Families Act 

18 of 1997 (Public Law 105–89); or 

19 (iii) makes any similar determination 

20 that is legally authorized under State law. 

21 (B) An official from the State or county 

22 child welfare agency with expertise in child 

23 trauma and development determines that it is 

24 in the best interests of the child to be removed 

25 from the parent or legal guardian because the 

26 child is— 


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1 (i) in danger of abuse or neglect at 

2 the hands of the parent or legal guardian; 

3 or 

4 (ii) a danger to himself or herself or 

5 to others. 

6 (C) The Chief Patrol Agent or the Area 

7 Port Director, in his or her official and 

8 undelegated capacity, authorizes separation, on 

9 the recommendation by an agent or officer of 

10 U.S. Customs and Border Protection, based on 

11 a finding that— 

12 (i) the child is a victim of trafficking 

13 or is at significant risk of becoming a vic14 tim of trafficking; 

15 (ii) there is a strong likelihood that 

16 the adult is not the parent or legal guard17 ian of the child; or 

18 (iii) the child is in danger of abuse or 

19 neglect at the hands of the parent or legal 

20 guardian, or is a danger to himself or her21 self or to others. 

22 (2) PROHIBITION ON SEPARATION.—A Federal 

23 agency may not remove a child from a parent or 

24 legal guardian solely for the policy goal of— 


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1 (A) deterring individuals from migrating to 

2 the United States; or 

3 (B) promoting compliance with civil immi4 gration law. 

5 (3) DOCUMENTATION REQUIRED.—The Sec6 retary shall ensure that a separation based on a sit7 uation described in paragraph (1)(C)— 

8 (A) is documented in writing; and 

9 (B) includes— 

10 (i) the reason for such separation; and 

11 (ii) the stated evidence for such sepa12 ration. 

13 (b) RECOMMENDATIONS FOR SEPARATION BY

14 AGENTS OR OFFICERS.— 

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of the enactment of this Act, the Sec17 retary, in consultation with the Secretary of Health 

18 and Human Services, shall develop training and 

19 guidance, with an emphasis on the best interests of 

20 the child, on childhood trauma, attachment, and 

21 child development, for use by the agents and officers 

22 of U.S. Customs and Border Protection, so as to 

23 standardize separations authorized under subsection 

24 (a)(1)(C). 


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1 (2) ANNUAL REVIEW.—Not less frequently than 

2 annually, the Secretary of Health and Human Serv3 ices shall— 

4 (A) review the guidance developed under 

5 paragraph (1); and 

6 (B) make recommendations to the Sec7 retary to ensure that such guidance conforms to 

8 current evidence and best practices in child wel9 fare, child development, and childhood trauma. 

10 (3) REQUIREMENT.—The guidance developed 

11 under paragraph (1) shall incorporate the presump12 tions described in subsection (c). 

13 (4) ADDITIONAL REQUIREMENTS.— 

14 (A) EVIDENCE-BASED.—The guidance and 

15 training developed under this subsection shall 

16 incorporate evidence-based practices. 

17 (B) TRAINING REQUIRED.— 

18 (i) INITIAL TRAINING.—All agents 

19 and officers of U.S. Customs and Border 

20 Protection, on hire, and annually there21 after, shall complete training on adherence 

22 to the guidance developed under this sub23 section. 

24 (ii) ANNUAL TRAINING.—All Chief 

25 Patrol Agents and Area Port Directors, on 


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1 hire, and annually thereafter, shall com2 plete— 

3 (I) training on adherence to the 

4 guidance developed under this sub5 section; and 

6 (II) 90 minutes of child welfare 

7 practice training that is evidence8 based and trauma-informed. 

9 (c) PRESUMPTIONS.—The presumptions described in 

10 this subsection are the following: 

11 (1) FAMILY UNITY.—There shall be a strong 

12 presumption in favor of family unity. 

13 (2) SIBLINGS.—To the maximum extent prac14 ticable, the Secretary shall ensure that sibling 

15 groups remain intact. 

16 (3) DETENTION.—There is a presumption that 

17 detention is not in the best interests of families and 

18 children. 

19 (d) REQUIRED POLICY FOR LOCATING SEPARATED

20 CHILDREN.— 

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date of the enactment of this Act, the Sec23 retary shall publish final public guidance that de24 scribes, with specificity, the manner in which a par25 ent or legal guardian may locate a child who was 


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1 separated from the parent or legal guardian under 

2 subsection (a)(1). 

3 (2) CONSULTATION.—In developing such public 

4 guidance, the Secretary shall consult with the Sec5 retary of Health and Human Services, immigrant 

6 advocacy organizations, child welfare organizations, 

7 and State child welfare agencies. 

8 (3) WRITTEN NOTIFICATION.—The Secretary 

9 shall provide each parent or legal guardian who was 

10 separated from a child under subsection (a)(1) with 

11 written notice of such public guidance. 

12 (4) LANGUAGE ACCESS.—Such public guidance 

13 shall be— 

14 (A) available in English and Spanish; and 

15 (B) at the request of the parent or legal 

16 guardian, made available in the language or 

17 manner that is understandable by the parent or 

18 legal guardian. 

19 (e) REQUIRED INFORMATION FOR SEPARATED FAMI20 LIES.—Not less frequently than monthly, the Secretary 

21 shall provide the parent or legal guardian of a child who 

22 was separated— 

23 (1) a status report on the monthly activities of 

24 the child; 


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1 (2) information about the education and health 

2 of the child, including any medical treatment pro3 vided to the child or medical treatment rec4 ommended for the child; 

5 (3) information about changes to the immigra6 tion status of the child; and 

7 (4) any other information about the child, de8 signed to promote and maintain family reunification, 

9 as the Secretary determines in his or her discretion. 

10 (f) ANNUAL REPORT ON FAMILY SEPARATION.—Not 

11 later than one year after the date of the enactment of this 

12 Act, and annually thereafter, the Secretary shall submit 

13 a report to the committees of jurisdiction that— 

14 (1) describes each instance in which a child was 

15 separated from a parent or legal guardian; and 

16 (2) includes, for each such instance— 

17 (A) the relationship of the adult and the 

18 child; 

19 (B) the age and gender of the adult and 

20 child; 

21 (C) the length of separation; 

22 (D) whether the adult was charged with a 

23 crime, and if the adult was charged with a 

24 crime, the type of crime; 


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1 (E) whether the adult made a claim for 

2 asylum, expressed a fear to return, or applied 

3 for other immigration relief; 

4 (F) whether the adult was prosecuted if 

5 charged with a crime and the associated out6 come of such charges; 

7 (G) the stated reason for, and evidence in 

8 support of, the separation; 

9 (H) if the child was part of a sibling group 

10 at the time of separation, whether the sibling 

11 group has had physical contact and visitation; 

12 (I) whether the child was rendered an un13 accompanied alien child; and 

14 (J) any other information, as determined 

15 by the Secretary. 

16 (g) CLARIFICATION OF PARENTAL RIGHTS.—If a 

17 child is separated from a parent or legal guardian and a 

18 State court has not made a determination that the paren19 tal rights have been terminated, there is a presumption 

20 that— 

21 (1) the parental rights remain intact; and 

22 (2) the separation does not constitute an af23 firmative determination of abuse or neglect under 

24 Federal or State law. 

25 (h) CLARIFICATION OF EXISTING LAW.— 


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1 (1) FEDERAL LAW.—Nothing in this section 

2 may be interpreted to supersede or modify Federal 

3 child welfare law, as applicable, including the Adop4 tion and Safe Families Act of 1997 (Public Law 

5 105–89). 

6 (2) STATE LAW.—Nothing in this section may 

7 be interpreted to supersede or modify any State 

8 child welfare law. 

9 (i) GAO REPORT ON PROSECUTION OF ASYLUM

10 SEEKERS.— 

11 (1) STUDY.—The Comptroller General of the 

12 United States shall conduct a study on the prosecu13 tion of asylum seekers during the ten-year period 

14 ending on the date of the enactment of this Act. 

15 (2) ELEMENTS.—The study conducted under 

16 paragraph (1) shall include the following: 

17 (A) The total number of persons who 

18 claimed fear of persecution, received a favorable 

19 credible fear determination, and were referred 

20 for prosecution. 

21 (B) An overview and analysis of the 

22 metrics used by the Department of Homeland 

23 Security and the Department of Justice to 

24 track the number of asylum seekers referred for 

25 prosecution. 


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1 (C) The total number of asylum seekers 

2 referred for prosecution, a breakdown and de3 scription of the criminal charges filed against 

4 asylum seekers during such period, and a 

5 breakdown and description of the convictions 

6 secured. 

7 (D) The total number of asylum seekers 

8 who were separated from their children as a re9 sult of being referred for prosecution. 

10 (E) A description of— 

11 (i) the amounts spent on prosecuting 

12 asylum seekers during such period; 

13 (ii) the diversion of resources required 

14 to prosecute asylum seekers; and 

15 (iii) any costs imposed on States and 

16 localities. 

17 (F) The total number of asylum seekers 

18 who— 

19 (i) were referred for prosecution; and 

20 (ii) were subject to immigration pro21 ceedings. 

22 (G) The total number of asylum seekers 

23 referred for prosecution who were deported be24 fore going through immigration proceedings. 


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1 (3) REPORT.—Not later than one year after the 

2 date of the enactment of this Act, the Comptroller 

3 General shall submit a report to Congress that de4 scribes the results of the study conducted under 

5 paragraph (1). 

6 (j) DEFINITIONS.—In this section: 

7 (1) AGENT; OFFICER.—The terms ‘‘agent’’ and 

8 ‘‘officer’’ include contractors of the Federal Govern9 ment. 

10 (2) COMMITTEES OF JURISDICTION.—The term 

11 ‘‘committees of jurisdiction’’ means— 

12 (A) the Committee on the Judiciary and 

13 the Committee on Health, Education, Labor, 

14 and Pensions of the Senate; and 

15 (B) the Committee on the Judiciary and 

16 the Committee on Education and Labor of the 

17 House of Representatives. 

18 (3) DANGER OF ABUSE OR NEGLECT AT THE

19 HANDS OF THE PARENT OR LEGAL GUARDIAN.—The 

20 term ‘‘danger of abuse or neglect at the hands of the 

21 parent or legal guardian’’ shall not mean migrating 

22 to or crossing the United States border. 

23 (4) FINDING.—The term ‘‘finding’’ means an 

24 individualized written assessment or screening by the 

25 trained agent or officer that includes a consultation 


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1 with, and concurrence from, a child welfare spe2 cialist, formalized as required under subsection 

3 (a)(3) and consistent with subsections (b), (c), and 

4 (g). 

5 (5) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Homeland Security. 

7 SEC. 4. HEALTH AND SAFETY PROTECTIONS FOR DETAINED 

8 CHILDREN. 

9 (a) FLORES SETTLEMENT AGREEMENT.— 

10 (1) IN GENERAL.—A family unit may be de11 tained only in accordance with the holding in Flores 

12 v. Sessions et al. (9th Cir. July 5, 2017; C.D. CA; 

13 July 24, 2015) and the stipulated settlement agree14 ment as filed in the United States District Court for 

15 the Central District of California on January 17, 

16 1997 (CV 85 4544 RJK), including all subsequent 

17 court decisions and interpretations (referred to in 

18 this section as the ‘‘Flores settlement agreement’’). 

19 (2) RULEMAKING.—Any regulation proposed or 

20 promulgated to supersede the Flores settlement 

21 agreement shall have no force or effect. 

22 (3) RULE OF CONSTRUCTION.—Nothing in this 

23 Act may be construed— 


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1 (A) to affect the application of the Flores 

2 settlement agreement to unaccompanied alien 

3 children; or 

4 (B) to abrogate the Flores settlement 

5 agreement. 

6 (4) REVIEW OF DETENTION DETERMINA7 TIONS.—The review of any determination by the 

8 Secretary of Homeland Security to detain an indi9 vidual or a family unit under this subsection shall be 

10 in accordance with all other provisions of law, hold11 ings (including any holding made in Flores v. Ses12 sions et al. (9th Cir. July 5, 2017; C.D. CA; July 

13 24, 2015)), consent decrees, and settlement agree14 ments (including the Flores settlement agreement). 

15 (b) PROMPT MEDICAL ASSESSMENTS FOR DETAINED

16 CHILDREN.— 

17 (1) BODY TEMPERATURE CHECK ON INTAKE.— 

18 With respect to a child in the custody of the Sec19 retary of Homeland Security, not later than one 

20 hour after the time at which the initial intake of 

21 such child is completed, the Secretary of Homeland 

22 Security shall ensure that the child receives a body 

23 temperature check. 

24 (2) MEDICAL EVALUATION BY MEDICAL PRO25 FESSIONAL WITH PEDIATRIC TRAINING.—Not later 


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1 than 48 hours after the time at which a child is 

2 taken into the custody of the Secretary of Homeland 

3 Security, the Secretary shall ensure that the child 

4 receives a medical evaluation by a medical profes5 sional with specialized pediatric training— 

6 (A) to determine whether the child has any 

7 health or safety concerns; and 

8 (B) that includes a measurement of all 

9 vital signs and a body temperature check. 

10 (3) SPECIALIZED TRAINING FOR PUBLIC

11 HEALTH SERVICE COMMISSIONED CORPS.—The Sec12 retary of Homeland Security shall enter into a 

13 memorandum of understanding with the Public 

14 Health Service Commissioned Corps and the Sec15 retary of Health and Human Services to provide 

16 specialized training relating to migration for the 

17 Public Health Service Commissioned Corps to sup18 port deployment at Office of Refugee Resettlement 

19 facilities and U.S. Customs and Border Protection 

20 facilities during any period in which high numbers 

21 of unaccompanied alien children and families arrive 

22 at the Southern border. 

23 (c) DETENTION STANDARDS FOR U.S. CUSTOMS AND

24 BORDER PROTECTION FACILITIES.—With respect to any 


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1 U.S. Customs and Border Protection facility, the Sec2 retary of Homeland Security shall ensure that— 

3 (1) the facility— 

4 (A) complies with the standards of the 

5 U.S. Customs and Border Protection entitled 

6 ‘‘National Standards on Transport, Escort, De7 tention, and Search’’ issued in October 2015; 

8 (B) remains at an appropriate tempera9 ture; 

10 (C) is properly ventilated; 

11 (D) has adequate supervision and other 

12 safeguards to protect detained children from 

13 other detained individuals; and 

14 (E) has a child welfare specialist on staff, 

15 or has prompt access to a child welfare spe16 cialist, for purposes of making a finding under 

17 section 3(a)(1)(C); 

18 (2) each detained individual is provided— 

19 (A) not fewer than three healthy and nu20 tritious meals daily, in accordance with the 

21 most recent dietary guidelines of the Depart22 ment of Agriculture, that— 

23 (i) in the case of an adult who is not 

24 pregnant or breastfeeding, provide a total 

25 of not fewer than 2,000 calories; or 


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1 (ii) in the case of a detained child or 

2 an individual who is pregnant or 

3 breastfeeding, meet, as applicable— 

4 (I) the nutrition standards for 

5 the school lunch program authorized 

6 under the Richard B. Russell National 

7 School Lunch Act (42 U.S.C. 1751 et 

8 seq.) and the school breakfast pro9 gram established by section 4 of the 

10 Child Nutrition Act of 1966 (42 

11 U.S.C. 1773); or 

12 (II) the nutrition standards es13 tablished under the special supple14 mental nutrition program for women, 

15 infants, and children established by 

16 section 17 of the Child Nutrition Act 

17 of 1966 (42 U.S.C. 1786); 

18 (B) not less than 1 gallon of clean drink19 ing water daily, including age-appropriate liq20 uids; 

21 (C) regular access to hygiene products, in22 cluding— 

23 (i) soap; 

24 (ii) a toothbrush and toothpaste; 


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1 (iii) not fewer than one full change of 

2 clothing; 

3 (iv) a towel; 

4 (v) toilet paper; 

5 (vi) feminine hygiene products, as ap6 plicable; 

7 (vii) prenatal vitamins, as applicable; 

8 and 

9 (viii) diaper changing materials, as 

10 applicable, including— 

11 (I) a clean diaper changing sta12 tion; 

13 (II) diapers in the appropriate 

14 size; 

15 (III) diaper rash ointment; 

16 (IV) baby wipes; and 

17 (V) diaper disposal receptacles; 

18 (D) regular access to showers, sinks, and 

19 toilets; and 

20 (E) an opportunity to contact any family 

21 member with whom the detained individual was 

22 apprehended; and 

23 (3) in the case of a detained individual the pre24 scription medication of whom is confiscated on ap25 prehension, not later than six hours after the time 


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1 at which the detained individual arrives at a U.S. 

2 Customs and Border Protection facility, a medical 

3 professional, or in the case of a child, a medical pro4 fessional with pediatric training reviews such confis5 cation and makes a determination whether the medi6 cation shall be— 

7 (A) kept by the detained individual in his 

8 or her possession for regular use during deten9 tion; 

10 (B) properly stored by U.S. Customs and 

11 Border Protection officials, with appropriate ac12 cess for regular use by the detained individual 

13 during detention; or 

14 (C) stored with the personal property of 

15 the detained individual. 

16 (d) DETENTION STANDARDS FOR U.S. IMMIGRATION

17 AND CUSTOMS ENFORCEMENT.—The Secretary of Home18 land Security shall ensure the full compliance of each U.S. 

19 Immigration and Customs Enforcement detention system 

20 facility, including each contract facility and each local or 

21 county jail operating under an intergovernmental service 

22 agreement, with, at a minimum, the standards of U.S. Im23 migration and Customs Enforcement entitled ‘‘Perform24 ance-Based National Detention Standards 2011’’, as re25 vised in December 2016. 


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1 (e) CARE AND CUSTODY STANDARDS FOR OFFICE OF

2 REFUGEE RESETTLEMENT FACILITIES.— 

3 (1) NEW CONTRACTS.—On the maturation of 

4 any existing contract to house unaccompanied alien 

5 children, the Secretary of Health and Human Serv6 ices may only offer to extend or enter into a new 

7 contract or cooperative agreement for the housing of 

8 unaccompanied alien children with one or more non9 profit entities that are— 

10 (A) licensed by the applicable State; and 

11 (B) in compliance with Exhibit 1 of the 

12 Flores settlement agreement, regardless of the 

13 status of the underlying Flores settlement 

14 agreement. 

15 (2) PRIORITIZATION OF SMALL FACILITIES.— 

16 The Secretary of Health and Human Services shall 

17 prioritize the use of standard care facilities and in18 flux care facilities that house not more than 100 un19 accompanied alien children. 

20 (3) LIMITATIONS ON USE OF INFLUX CARE FA21 CILITIES.— 

22 (A) LENGTH OF CARE EXCEEDING 35

23 DAYS.— 

24 (i) IN GENERAL.—In the case of an 

25 influx, the Secretary of Health and Human 


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1 Services may not house one or more unac2 companied alien children in an influx care 

3 facility for more than 30 days. 

4 (ii) DAILY REPORTS.— 

5 (I) IN GENERAL.—Not less fre6 quently than daily during an influx in 

7 which one or more unaccompanied 

8 alien children are housed in an influx 

9 care facility, the Secretary of Health 

10 and Human Services shall submit to 

11 the appropriate committees of Con12 gress a daily report on efforts to re13 duce the average length of care of un14 accompanied alien children in the cus15 tody of the Secretary of Health and 

16 Human Services. 

17 (II) MATTERS TO BE IN18 CLUDED.—Each report under sub19 clause (I) shall include the following: 

20 (aa) A detailed description 

21 of any proposed— 

22 (AA) policy with re23 spect to the care of unac24 companied alien children; 

25 and 


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1 (BB) staffing increase 

2 at an influx care facility. 

3 (bb) With respect to the in4 flux, the mean and median num5 ber of days between— 

6 (AA) the date on which 

7 a family reunification appli8 cation is submitted for an 

9 unaccompanied alien child; 

10 and 

11 (BB) the date on which 

12 the Secretary of Health and 

13 Human Services issues a de14 cision on such application. 

15 (cc) The total number of 

16 such applications granted. 

17 (dd) The total number of 

18 such applications denied. 

19 (ee) A description of any ac20 tion considered but not taken 

21 with respect to the care and cus22 tody of unaccompanied alien chil23 dren as a result of a conflict with 

24 Federal or State law. 


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1 (B) TRANSFER.—The Secretary of Health 

2 and Human Services may transfer an unaccom3 panied alien child from a State-licensed stand4 ard care facility to an influx care facility solely 

5 for the purpose of— 

6 (i) family reunification; or 

7 (ii) placement with a sponsor that 

8 shall occur not later than 14 days after the 

9 date on which the unaccompanied alien 

10 child is transferred. 

11 SEC. 5. RELEASE OF FAMILIES AND UNACCOMPANIED 

12 ALIEN CHILDREN FROM DETENTION. 

13 (a) STAFF-TO-CHILD RATIOS FOR OFFICE OF REF14 UGEE RESETTLEMENT FACILITIES.— 

15 (1) IN GENERAL.—Not later than 90 days after 

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

17 of Health and Human Services, in collaboration with 

18 the Comptroller General of the United States, shall 

19 develop standards for recommended staff-to-child ra20 tios for Federal field specialists and third-party case 

21 review coordinators at Office of Refugee Resettle22 ment facilities. 

23 (2) INTERIM STANDARD.—Beginning on the 

24 date of the enactment of this Act and ending on the 

25 date on which the standards under paragraph (1) 


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•S 2113 IS

1 are implemented, the Secretary of Health and 

2 Human Services shall ensure that any standard care 

3 facility or influx care facility for unaccompanied 

4 alien children maintains a staff-to-child ratio of not 

5 fewer than— 

6 (A) one Federal field specialist for every 

7 50 unaccompanied alien children; and 

8 (B) one third-party case review coordinator 

9 for every 50 unaccompanied alien children. 

10 (3) CASE LOAD LIMITATION.—The Secretary of 

11 Health and Human Services shall establish a max12 imum case load for each case manager at an Office 

13 of Refugee Resettlement facility that is not greater 

14 than the lesser of— 

15 (A) five new unaccompanied alien children 

16 cases and a total of not more than eight active 

17 cases each month; or 

18 (B) the maximum number of children, as 

19 required under applicable State law. 

20 (4) SUPPLEMENTAL FUNDS.—The Secretary of 

21 Health and Human Services shall authorize supple22 mental funds— 

23 (A) to provide overtime compensation for 

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1 ment facilities for extended work hours and 

2 work days during an influx; and 

3 (B) to hire additional staff to carry out 

4 home study services relating to the placement of 

5 unaccompanied alien children with sponsors on 

6 release from custody. 

7 (b) RESCISSION OF INFORMATION-SHARING AGREE8 MENT RELATING TO SPONSORS OF UNACCOMPANIED

9 ALIEN CHILDREN.—The Secretary of Health and Human 

10 Services and the Secretary of Homeland Security shall re11 scind the memorandum of agreement entitled ‘‘Memo12 randum of Agreement Among the Office of Refugee Reset13 tlement of the U.S. Department of Health and Human 

14 Services and U.S. Immigration and Customs Enforcement 

15 and U.S. Customs and Border Protection of the U.S. De16 partment of Homeland Security Regarding Consultation 

17 and Information Sharing in Unaccompanied Alien Chil18 dren Matters’’ dated April 13, 2018. 

19 (c) EXPANSION OF FAMILY CASE MANAGEMENT

20 PROGRAM.— 

21 (1) IN GENERAL.—The Secretary of Homeland 

22 Security shall provide to the alternatives to deten23 tion division of U.S. Immigration and Customs En24 forcement, including the Family Case Management 


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•S 2113 IS

1 Program, sufficient funds to cover the costs of each 

2 individual who— 

3 (A) has a pending immigration proceeding; 

4 and 

5 (B) is not subject to detention under sub6 section (d). 

7 (2) CONTRACTS AUTHORIZED.—The Director of 

8 U.S. Immigration and Customs Enforcement shall 

9 offer to enter into one or more contracts with one 

10 or more nonprofit service providers that, to the max11 imum extent practicable, have the capacity to pro12 vide evidence-based services required to operate an 

13 alternatives to detention program for the least re14 strictive setting. 

15 (3) PRIORITIZATION.—The Secretary of Home16 land Security shall ensure that any expenditure for 

17 the Family Case Management Program is prioritized 

18 over any other expenditure from the Alternatives to 

19 Detention account. 

20 (4) AUTHORIZATION OF APPROPRIATIONS.— 

21 There are authorized to be appropriated such sums 

22 as may be necessary to carry out this subsection. 

23 (d) IMMIGRATION DETENTION PRIORITIES.— 

24 (1) IN GENERAL.—The Director of U.S. Immi25 gration and Customs Enforcement shall prioritize 


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•S 2113 IS

1 the limited resources of U.S. Immigration and Cus2 toms Enforcement to detain aliens who pose— 

3 (A) a threat to national security or public 

4 safety; or 

5 (B) a risk of flight that cannot be miti6 gated by an alternative to detention. 

7 (2) PRESUMPTION.—Except in extraordinary 

8 circumstances, such as a circumstance in which an 

9 alien is known to be a member of a terrorist organi10 zation or a transnational criminal organization, an 

11 alien shall not be detained if— 

12 (A) the alien— 

13 (i) is known to suffer from a serious 

14 physical or mental illness; 

15 (ii) has a disability; 

16 (iii) is elderly; 

17 (iv) is pregnant or breastfeeding; 

18 (v) is under 18 years of age; or 

19 (vi) demonstrates that the alien is the 

20 primary caregiver of— 

21 (I) a person under 18 years of 

22 age; or 

23 (II) an infirm person; or 

24 (B) the detention of the alien is otherwise 

25 not in the public interest. 


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1 SEC. 6. IMPROVEMENTS TO ASYLUM PROCEDURE. 

2 (a) STATEMENT OF POLICY ON CHILD ASYLUM

3 SEEKERS.—It shall be the policy of the United States that 

4 no child may be delayed or prevented from crossing the 

5 Southern border at a port of entry for the purpose of ap6 plying for asylum or any other applicable legal immigra7 tion status. 

8 (b) NONADVERSARIAL ASYLUM PROCESSING FOR

9 CHILDREN.—The Secretary of Homeland Security shall 

10 rescind the memorandum of the U.S. Citizenship and Im11 migration Services entitled ‘‘Updated Procedures for Asy12 lum Applications Filed by Unaccompanied Alien Chil13 dren’’, issued May 31, 2019. 

14 (c) MODIFICATION OF TERM ‘‘ASYLUM OFFICER’’ TO

15 EXCLUDE OFFICERS OF U.S. CUSTOMS AND BORDER

16 PROTECTION.—Section 235(b)(1)(E) of the Immigration 

17 and Nationality Act (8 U.S.C. 1225(b)(1)(E)) is amend18 ed— 

19 (1) in clause (i), by striking ‘‘, and’’ and insert20 ing a semicolon; 

21 (2) in clause (ii), by striking the period at the 

22 end and inserting ‘‘; and’’; and 

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

24 ‘‘(iii) is employed by the Refugee, 

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1 rectorate of the U.S. Citizenship and Im2 migration Services.’’. 

3 (d) IMPROVING IMMIGRATION COURT EFFICIENCY

4 AND REDUCING COSTS BY INCREASING ACCESS TO LEGAL

5 INFORMATION.— 

6 (1) APPOINTMENT OF COUNSEL IN REMOVAL

7 PROCEEDINGS; RIGHT TO REVIEW CERTAIN DOCU8 MENTS IN REMOVAL PROCEEDINGS.—Section 240(b) 

9 of the Immigration and Nationality Act (8 U.S.C. 

10 1229a(b)) is amended— 

11 (A) in paragraph (4)— 

12 (i) in subparagraph (A)— 

13 (I) by striking ‘‘, at no expense 

14 to the Government,’’; and 

15 (II) by striking the comma at the 

16 end and inserting a semicolon; 

17 (ii) by redesignating subparagraphs 

18 (B) and (C) as subparagraphs (D) and 

19 (E), respectively; 

20 (iii) by inserting after subparagraph 

21 (A) the following: 

22 ‘‘(B) the Attorney General may appoint or 

23 provide counsel, at Government expense, to 

24 aliens in immigration proceedings; 


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•S 2113 IS

1 ‘‘(C) the alien, or the alien’s counsel, not 

2 later than 7 days after receiving a notice to ap3 pear under section 239(a), shall receive a com4 plete copy of the alien’s immigration file (com5 monly known as an ‘A-file’) in the possession of 

6 the Department of Homeland Security (other 

7 than documents protected from disclosure under 

8 section 552(b) of title 5, United States Code);’’; 

9 and 

10 (iv) in subparagraph (D), as redesig11 nated, by striking ‘‘this Act, and’’ and in12 serting ‘‘this Act; and’’; and 

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

14 ‘‘(8) FAILURE TO PROVIDE ALIEN REQUIRED

15 DOCUMENTS.—A removal proceeding may not pro16 ceed until the alien, or in the case of an alien who 

17 is represented by counsel, the alien’s counsel— 

18 ‘‘(A) has received the documents required 

19 under paragraph (4)(C); and 

20 ‘‘(B) has been provided at least 10 days to 

21 review and assess such documents.’’. 

22 (e) NONPROFIT RESPITE CENTERS.—Section 313 of 

23 the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

24 11343) is amended— 

25 (1) in subsection (a)— 


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•S 2113 IS

1 (A) in paragraph (2), by striking ‘‘; and’’ 

2 and inserting a semicolon; 

3 (B) in paragraph (3), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

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

6 ‘‘(4) to provide assistance to State and local 

7 governments and local nonprofit organizations that 

8 serve aliens (as defined in section 101(a) of the Im9 migration and Nationality Act (8 U.S.C. 1101(a)) 

10 released from the custody of the Secretary of Home11 land Security to address the needs of communities 

12 that experience the arrival of a high number of asy13 lum seekers.’’; and 

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

15 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

16 is authorized to be appropriated to the Director to award 

17 grants to the National Board to carry out subsection 

18 (a)(4) $100,000,000 for fiscal year 2019 and each fiscal 

19 year thereafter.’’. 

20 SEC. 7. ACCESS BY COUNSEL AT DETENTION FACILITIES. 

21 (a) IN GENERAL.—The Secretary of Homeland Secu22 rity shall provide access to counsel for all aliens detained 

23 in a facility under the supervision of U.S. Immigration 

24 and Customs Enforcement, U.S. Customs and Border 

25 Protection, or the Department of Health and Human 


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1 Services, or in any private facility that contracts with the 

2 Federal Government to house, detain, or hold aliens. 

3 (b) AUTHORIZATION OF APPROPRIATIONS FOR

4 LEGAL ORIENTATION PROGRAM.—There is authorized to 

5 be appropriated to carry out the Legal Orientation Pro6 gram of the Executive Office for Immigration Review 

7 $55,000,000 for fiscal year 2019 and each fiscal year 

8 thereafter. 

9 (c) CLARIFICATION REGARDING THE AUTHORITY OF

10 THE ATTORNEY GENERAL TO APPOINT COUNSEL TO

11 ALIENS IN IMMIGRATION PROCEEDINGS.— 

12 (1) IN GENERAL.—Section 292 of the Immigra13 tion and Nationality Act (8 U.S.C. 1362) is amend14 ed to read as follows: 

15 ‘‘SEC. 292. RIGHT TO COUNSEL. 

16 ‘‘(a) IN GENERAL.—- Except as provided in sub17 sections (b) and (c), in any removal proceeding and in any 

18 appeal proceeding before the Attorney General from any 

19 such removal proceeding, the subject of the proceeding 

20 shall have the privilege of being represented by such coun21 sel as may be authorized to practice in such proceeding 

22 as he or she may choose. This subsection shall not apply 

23 to screening proceedings described in section 

24 235(b)(1)(A). 


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•S 2113 IS

1 ‘‘(b) ACCESS TO COUNSEL FOR UNACCOMPANIED

2 ALIEN CHILDREN.— 

3 ‘‘(1) IN GENERAL.—In any removal proceeding 

4 and in any appeal proceeding before the Attorney 

5 General from any such removal proceeding, an unac6 companied alien child (as defined in section 462(g) 

7 of the Homeland Security Act on 2002 (6 U.S.C. 

8 279(g))) shall be represented by Government-ap9 pointed counsel, at Government expense. 

10 ‘‘(2) LENGTH OF REPRESENTATION.—Once a 

11 child is designated as an unaccompanied alien child 

12 under paragraph (1), the child shall be represented 

13 by counsel at every stage of the proceedings from 

14 the child’s initial appearance through the termi15 nation of immigration proceedings, and any ancillary 

16 matters appropriate to such proceedings even if the 

17 child attains 18 years of age or is reunified with a 

18 parent or legal guardian while the proceedings are 

19 pending. 

20 ‘‘(3) NOTICE.—Not later than 72 hours after 

21 an unaccompanied alien child is taken into Federal 

22 custody, the alien shall be notified that he or she will 

23 be provided with legal counsel in accordance with 

24 this subsection. 


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1 ‘‘(4) WITHIN DETENTION FACILITIES.—The 

2 Secretary of Homeland Security shall ensure that 

3 unaccompanied alien children have access to counsel 

4 inside all detention, holding, and border facilities. 

5 ‘‘(c) PRO BONO REPRESENTATION.— 

6 ‘‘(1) IN GENERAL.—To the maximum extent 

7 practicable, the Attorney General shall make every 

8 effort to use the services of competent counsel who 

9 agree to provide representation to such children 

10 under subsection (b) without charge. 

11 ‘‘(2) DEVELOPMENT OF NECESSARY INFRA12 STRUCTURES AND SYSTEMS.—The Attorney General 

13 shall develop the necessary mechanisms to identify 

14 counsel available to provide pro bono legal assistance 

15 and representation to children under subsection (b) 

16 and to recruit such counsel. 

17 ‘‘(d) CONTRACTS; GRANTS.—The Attorney General 

18 may enter into contracts with, or award grants to, non19 profit agencies with relevant expertise in the delivery of 

20 immigration-related legal services to children to carry out 

21 the responsibilities under this section, including providing 

22 legal orientation, screening cases for referral, recruiting, 

23 training, and overseeing pro bono attorneys. Nonprofit 

24 agencies may enter into subcontracts with, or award 

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1 tise in the delivery of immigration-related legal services 

2 to children in order to carry out this section. 

3 ‘‘(e) MODEL GUIDELINES ON LEGAL REPRESENTA4 TION OF CHILDREN.— 

5 ‘‘(1) DEVELOPMENT OF GUIDELINES.—The Ex6 ecutive Office for Immigration Review, in consulta7 tion with voluntary agencies and national experts, 

8 shall develop model guidelines for the legal represen9 tation of alien children in immigration proceedings, 

10 which shall be based on the children’s asylum guide11 lines, the American Bar Association Model Rules of 

12 Professional Conduct, and other relevant domestic or 

13 international sources. 

14 ‘‘(2) PURPOSE OF GUIDELINES.—The guide15 lines developed under paragraph (1) shall be de16 signed to help protect each child from any individual 

17 suspected of involvement in any criminal, harmful, 

18 or exploitative activity associated with the smuggling 

19 or trafficking of children, while ensuring the fairness 

20 of the removal proceeding in which the child is in21 volved. 

22 ‘‘(f) DUTIES OF COUNSEL.—Counsel provided under 

23 this section shall— 

24 ‘‘(1) represent the unaccompanied alien child in 

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1 tion status of the child or other actions involving the 

2 Department of Homeland Security; 

3 ‘‘(2) appear in person for all individual merits 

4 hearings before the Executive Office for Immigration 

5 Review and interviews involving the Department of 

6 Homeland Security; 

7 ‘‘(3) owe the same duties of undivided loyalty, 

8 confidentiality, and competent representation to the 

9 child as is due to an adult client; and 

10 ‘‘(4) carry out other such duties as may be pro11 scribed by the Attorney General or the Executive Of12 fice for Immigration Review. 

13 ‘‘(g) SAVINGS PROVISION.—Nothing in this section 

14 may be construed to supersede— 

15 ‘‘(1) any duties, responsibilities, disciplinary, or 

16 ethical responsibilities an attorney may have to his 

17 or her client under State law; 

18 ‘‘(2) the admission requirements under State 

19 law; or 

20 ‘‘(3) any other State law pertaining to the ad21 mission to the practice of law in a particular juris22 diction.’’. 

23 (2) RULEMAKING.—The Attorney General shall 

24 promulgate regulations to implement section 292 of 

25 the Immigration and Nationality Act, as added by 


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•S 2113 IS

1 paragraph (1), in accordance with the requirements 

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

3 Code. 

4 SEC. 8. IMMIGRATION COURT IMPROVEMENTS. 

5 (a) HIRING OF IMMIGRATION JUDGES.— 

6 (1) IN GENERAL.—During fiscal year 2019, the 

7 Attorney General shall increase the total number of 

8 immigration judges to adjudicate pending cases and 

9 efficiently process future cases by not fewer than 75 

10 judges. 

11 (2) QUALIFICATIONS.—The Attorney General 

12 shall ensure that each immigration judge hired 

13 under this subsection is— 

14 (A) highly qualified; and 

15 (B) trained to conduct fair and impartial 

16 hearings in accordance with applicable due 

17 process requirements. 

18 (3) NO PREFERENCE FOR CANDIDATES WITH

19 PRIOR SERVICE IN THE FEDERAL GOVERNMENT.—In 

20 selecting immigration judges under this subsection, 

21 the Attorney General may not assign any preference 

22 to a candidate who has prior service in the Federal 

23 Government over a candidate who— 


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1 (A) has equivalent subject-matter expertise 

2 based on experience in a nonprofit, private 

3 practice, or academic setting; but 

4 (B) does not have previous Federal service. 

5 (b) IMMIGRATION COURT STAFF.—During fiscal year 

6 2019, the Attorney General shall— 

7 (1) increase the total number of judicial law 

8 clerks for the Executive Office for Immigration Re9 view by 75; and 

10 (2) increase the total number of support staff 

11 for immigration judges, including legal assistants 

12 and interpreters, by 300. 

13 (c) SUPPORT STAFF; OTHER RESOURCES.—The At14 torney General shall ensure that the Executive Office for 

15 Immigration Review has sufficient support staff, adequate 

16 technological and security resources, and appropriate fa17 cilities to conduct the immigration proceedings required 

18 under Federal law. 

19 (d) LIMITATION.—Amounts appropriated for the Ex20 ecutive Office for Immigration Review or for any other di21 vision, activity, or function of the Department of Justice 

22 may not be used to implement numeric judicial perform23 ance standards or other standards that could negatively 

24 impact the fair administration of justice by the immigra25 tion courts. 


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1 (e) DOCKET MANAGEMENT FOR RESOURCE CON2 SERVATION.—Notwithstanding any opposition from the 

3 Secretary of Homeland Security or the Attorney General, 

4 immigration judges may administratively close cases, and 

5 the Board of Immigration Appeals may remand cases for 

6 administrative closure, if an individual in removal pro7 ceedings— 

8 (1) appears to be prima facie eligible for a visa 

9 or any other immigration benefit; and 

10 (2) has a pending application for such benefit 

11 before U.S. Citizenship and Immigration Services or 

12 any other applicable Federal agency. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated such sums as may be 

15 necessary to carry out this section. 

16 SEC. 9. ACCOUNTABILITY AND OVERSIGHT. 

17 (a) WEEKLY REPORTS.— 

18 (1) IN GENERAL.—Not less frequently than 

19 weekly, the Secretary of Homeland Security, in col20 laboration with the Secretary of Health and Human 

21 Services, shall submit to the appropriate committees 

22 of Congress a report that includes, for the preceding 

23 one-week period, the following: 

24 (A) The total number of children in the 

25 custody of the Secretary of Homeland Security 


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1 and the Secretary of Health and Human Serv2 ices, disaggregated by— 

3 (i) age; 

4 (ii) the number of children in the cus5 tody of the Secretary of Homeland Secu6 rity; 

7 (iii) the number of children in the cus8 tody of the Secretary of Health and 

9 Human Services; 

10 (iv) the location of the detention fa11 cilities in which such children are housed, 

12 including city and State; and 

13 (v) average number of days in such 

14 custody. 

15 (B)(i) The number of deaths of children in 

16 such custody, as applicable, including relevant 

17 details relating to the circumstances of each 

18 death. 

19 (ii) The information described in clause (i) 

20 shall be submitted to Congress in a weekly re21 port under this paragraph, as applicable, not22 withstanding a requirement to report to Con23 gress such information under any other law. 

24 (C) The total number of such children that 

25 were separated from family members. 


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1 (D)(i) Subject to clause (ii), the total num2 ber of pregnant women in such custody, 

3 disaggregated by— 

4 (I) the number of such women in the 

5 custody of the Secretary of Homeland Se6 curity; 

7 (II) the number of such women in the 

8 custody of the Secretary of Health and 

9 Human Services; and 

10 (III) the location of detention facilities 

11 in which such pregnant women are housed, 

12 including city and State. 

13 (ii) Information described in clause (i) may 

14 not be submitted in a weekly report if such in15 formation renders a pregnant woman personally 

16 identifiable. 

17 (E) The average number of days individ18 uals subject to the migrant protection protocol 

19 issued on January 24, 2019, remain in Mexico 

20 for the resolution of United States immigration 

21 proceedings. 

22 (2) MONTHLY PUBLICATION.—Not less fre23 quently than monthly, the Secretary of Homeland 

24 Security shall publish on an internet website of the 

25 Department of Homeland Security that is available 


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•S 2113 IS

1 to the public a summary of the reports under para2 graph (1) for the preceding one-month period. 

3 (b) MANDATORY ACCESS TO DETENTION FACILITIES

4 FOR MEMBERS OF CONGRESS.— 

5 (1) IN GENERAL.—Subject to paragraph (3), 

6 the Secretary concerned shall allow a Member of 

7 Congress to tour any facility in which one or more 

8 detained individuals, including unaccompanied alien 

9 children, are housed at a time between 8:00 a.m. 

10 and 7:00 p.m. on a date requested by the Member 

11 of Congress if, not later than 24 hours before mid12 night on the date requested, the Secretary concerned 

13 receives written notice from the Member of Congress 

14 that includes— 

15 (A) the name of the facility; and 

16 (B) the date on which the Member of Con17 gress intends to tour the facility. 

18 (2) ACCOMPANYING MEMBERS OF THE

19 PRESS.— 

20 (A) IN GENERAL.—Subject to subpara21 graph (B), the Secretary concerned shall allow 

22 one or more members of the press to accom23 pany a Member of Congress on a tour of a fa24 cility under this subsection. 

25 (B) LIMITATIONS.— 


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1 (i) STILL OR VIDEO CAMERAS.—The 

2 Secretary concerned shall not be required 

3 to allow a member of the press to enter a 

4 facility under subparagraph (A) with a still 

5 or video camera. 

6 (ii) PERSONALLY IDENTIFYING INFOR7 MATION.—As a condition of entering a fa8 cility under subparagraph (A), a member 

9 of the press shall agree not to release any 

10 personally identifying information of a 

11 staff member of the facility or a child 

12 housed at the facility without the express 

13 authorization of such staff member or 

14 child. 

15 (3) LIMITATION.—The Secretary concerned 

16 may limit a tour under paragraph (1) to— 

17 (A) in the case of a facility that houses 

18 fewer than 50 unaccompanied alien children— 

19 (i) not more than five Members of 

20 Congress; and 

21 (ii) accompanying members of the 

22 press under paragraph (2); and 

23 (B) in the case of a facility that houses not 

24 fewer than 50 detained individuals, including 

25 unaccompanied children— 


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•S 2113 IS

1 (i) not more than ten Members of 

2 Congress; and 

3 (ii) accompanying members of the 

4 press under paragraph (2). 

5 (4) DEFINITION OF SECRETARY CONCERNED.— 

6 In this subsection, the term ‘‘Secretary concerned’’ 

7 means, as applicable— 

8 (A) the Secretary of Homeland Security; 

9 or 

10 (B) the Secretary of Health and Human 

11 Services. 

Æ 


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