I 

115TH CONGRESS 

2D SESSION H. R. 7396 

To require the Secretary of Homeland Security to develop a strategy to 

implement policies and procedures, including the deployment of resources, 

to ensure the safety of children in CBP and ICE custody, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 21, 2018 

Mrs. TORRES (for herself, Mr. VARGAS, and Mr. MCGOVERN) 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 require the Secretary of Homeland Security to develop 

a strategy to implement policies and procedures, including the deployment of resources, to ensure the safety 

of children in CBP and ICE custody, 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 ‘‘Border Security and 

5 Child Safety Act’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HR 7396 IH

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) On December 8, 2018, Jakelin Caal, a 7- 

4 year-old child of Guatemalan origin, died after 

5 spending approximately 25 hours in U.S. Customs 

6 and Border Protection (CBP) care. 

7 (2) CBP failed to report the death to Congress, 

8 despite statutory requirements that CBP report 

9 deaths in CBP custody to Congress within 24 hours, 

10 and did not publicly disclose the death until the 

11 Washington Post reported it. 

12 (3) According to the Department of Homeland 

13 Security (DHS)’s December 14, 2018, statement, 

14 Jakelin Caal’s father reported to CBP agents that 

15 she had become sick and was vomiting at 5 a.m. on 

16 December 7, 2018, but received no medical treat17 ment until at least 6:30 a.m. on the same date. In18 stead, she was transported via bus, with no medical 

19 personnel present, to the Lordsburg Border Patrol 

20 station, which was 90 minutes away. 

21 (4) According to a 2016 DHS Inspector Gen22 eral report, at least one forward operating base has 

23 experienced periodic issues with water contamina24 tion. 

25 (5) On May 10, 2018, Mariee Juarez, a toddler 

26 of Guatemalan origin, died shortly after being reVerDate Sep 11 2014 01:10 Dec 27, 2018 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7396.IH H7396

pamtmann on DSKBFK8HB2PROD with BILLS
3 

•HR 7396 IH

1 leased from U.S. Immigration and Customs Enforce2 ment (ICE) custody, where she had developed a res3 piratory infection. 

4 SEC. 3. SENSE OF CONGRESS. 

5 It is the sense of Congress that all United States 

6 Government agencies, including those agencies tasked with 

7 enforcing immigration laws, should prioritize the health 

8 and safety of children within their care. 

9 SEC. 4. POLICY REVIEW. 

10 (a) IN GENERAL.—Not later than 90 days after the 

11 date of the enactment of this Act, the Secretary of Home12 land Security shall submit to the appropriate congres13 sional committees and make public on the website of the 

14 Department of Homeland Security a review of all policies 

15 and procedures impacting the safety and health of children 

16 in custody of CBP and ICE. 

17 (b) MATTERS TO BE INCLUDED.—The review re18 quired under subsection (a) shall include the following: 

19 (1) An assessment of the suitability of forward 

20 operating bases of the Department of Homeland Se21 curity for the temporary detention of children appre22 hended by U.S. Border Patrol agents. 

23 (2) A review of CBP’s transport, escort, deten24 tion, and search policies. 


pamtmann on DSKBFK8HB2PROD with BILLS
4 

•HR 7396 IH

1 (3) An assessment CBP capacity to provide 

2 timely and adequate medical care to all children in 

3 its custody. 

4 SEC. 5. STRATEGY REQUIRED. 

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

6 date of the enactment of this Act, the Secretary of Home7 land Security shall submit to the appropriate congres8 sional committees a strategy to implement policies and 

9 procedures, including the deployment of resources, to en10 sure the safety of children in CBP and ICE custody. 

11 (b) REPORT.—Not later than 180 days after the date 

12 of the enactment of this Act, the Secretary of Homeland 

13 Security shall submit to the appropriate congressional 

14 committees a report on steps taken to implement the poli15 cies and provisions described in subsection (a). 

16 SEC. 6. PRIORITIZATION OF MEDICAL PERSONNEL IN HIR17 ING. 

18 In hiring U.S. Customs and Border Protection per19 sonnel, the Secretary of Homeland Security shall prioritize 

20 the hiring of medical personnel until such time as the Sec21 retary, in consultation with the Commissioner of CBP, 

22 certifies to Congress that CBP has sufficient medical per23 sonnel to provide prompt and adequate medical care to 

24 all children in its custody. 


pamtmann on DSKBFK8HB2PROD with BILLS
5 

•HR 7396 IH

1 SEC. 7. DEFINITIONS. 

2 In this Act, the term ‘‘appropriate congressional com3 mittees’’ means the Committee on Appropriations, the 

4 Committee on Homeland Security, and the Committee on 

5 the Judiciary of the House of Representatives and the 

6 Committee on Appropriations, the Committee on Home7 land Security and Governmental Affairs, and the Com8 mittee on the Judiciary of the Senate. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS