I 

118TH CONGRESS 

1ST SESSION H. R. 2580 

To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to clarify the standards for family detention, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2023 

Mr. BIGGS (for himself, Mr. GAETZ, Mr. GOSAR, Mr. FRY, Mr. GOOD of Virginia, Mr. ROY, Mr. CRANE, Mr. NEHLS, and Mrs. BOEBERT) introduced 

the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to clarify the standards for family 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. 

4 This Act may be cited as the ‘‘Ensuring United Fam5 ilies at the Border Act’’. 

6 SEC. 2. CLARIFICATION OF STANDARDS FOR FAMILY DE7 TENTION. 

8 (a) IN GENERAL.—Section 235 of the William Wil9 berforce Trafficking Victims Protection Reauthorization 


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1 Act of 2008 (8 U.S.C. 1232) is amended by adding at 

2 the end the following: 

3 ‘‘(j) CONSTRUCTION.— 

4 ‘‘(1) IN GENERAL.—Notwithstanding any other 

5 provision of law, judicial determination, consent de6 cree, or settlement agreement, the detention of any 

7 alien child who is not an unaccompanied alien child 

8 shall be governed by sections 217, 235, 236, and 

9 241 of the Immigration and Nationality Act (8 

10 U.S.C. 1187, 1225, 1226, and 1231). There is no 

11 presumption that an alien child who is not an unac12 companied alien child should not be detained. 

13 ‘‘(2) FAMILY DETENTION.—The Secretary of 

14 Homeland Security shall— 

15 ‘‘(A) maintain the care and custody of an 

16 alien, during the period during which the 

17 charges described in clause (i) are pending, 

18 who— 

19 ‘‘(i) is charged only with a mis20 demeanor offense under section 275(a) of 

21 the Immigration and Nationality Act (8 

22 U.S.C. 1325(a)); and 

23 ‘‘(ii) entered the United States with 

24 the alien’s child who has not attained 18 

25 years of age; and 


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1 ‘‘(B) detain the alien with the alien’s 

2 child.’’. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that the amendments in this section to section 235 

5 of the William Wilberforce Trafficking Victims Protection 

6 Reauthorization Act of 2008 (8 U.S.C. 1232) are intended 

7 to satisfy the requirements of the Settlement Agreement 

8 in Flores v. Meese, No. 85–4544 (C.D. Cal) as approved 

9 by the court on January 28, 1997, with respect to its in10 terpretation in Flores v. Johnson, 212 F. Supp. 3d 864 

11 (C.D. Cal. 2015), that the agreement applies to accom12 panied minors. 

13 (c) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall take effect on the date of the enact15 ment of this Act and shall apply to all actions that occur 

16 before, on, or after the date of the enactment of this Act. 

17 (d) PREEMPTION OF STATE LICENSING REQUIRE18 MENTS.—Notwithstanding any other provision of law, ju19 dicial determination, consent decree, or settlement agree20 ment, no State may require that an immigration detention 

21 facility used to detain children who have not attained 18 

22 years of age, or families consisting of one or more of such 

23 children and the parents or legal guardians of such chilVerDate Sep 11 2014 23:40 Apr 14, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2580.IH H2580

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1 dren, that is located in that State, be licensed by the State 

2 or any political subdivision thereof. 

Æ 


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