Reunite Separated Families Act of 2018

To temporarily restrict the removal of alien parents separated from their children, and for other purposes. 1. Short title This Act may be cited as the Reunite Separated Families Act of 2018 2. Restriction on deporting separated alien parents (a) In general Notwithstanding any other provision of law or judicial order, no covered alien may be removed from the United States during the period beginning on the date of the enactment of this Act, and ending on the date on which a Federal law is enacted preventing the separation of aliens entering the United States with a child who has not attained 18 years of age from such child. (b) Covered alien The term covered alien (1) entered the United States on or after April 6, 2018 with the alien’s child who had not attained 18 years of age; (2) was separated from such child; and (3) was charged only with a misdemeanor offense under section 275(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) 3. Reuniting families (a) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and the Attorney General, shall reunite each covered alien with the covered alien’s child, if both the alien and child are physically present in the United States. (b) Expedited background checks Notwithstanding any other provision of law, the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, and the Attorney General, shall expedite any background check on a covered alien that is otherwise required to reunite the covered alien with the covered alien’s child. 4. Addressing the needs of children and families (a) Communication The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and the Attorney General, shall ensure that covered aliens and their children from whom they have been separated, are able to communicate while detained in the United States. (b) Psycho-Social needs of children The Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, in consultation with the American Academy of Pediatrics and other appropriate groups, shall take measures to address the psycho-social needs of children separated from their covered alien parent. 5. Report to Congress Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and the Attorney General, shall submit to Congress a report on— (1) the progress made in carrying out the requirement under section 3, including the actions taken to carry out such requirement; (2) the conditions of the detention facilities at which covered aliens and their children are housed; and (3) the actions taken to carry out the requirements under section 4. 6. Detention of alien families A covered alien who is reunited with the alien’s child pursuant to section 3, who remains in detention after being so reunited, shall be detained with the alien’s child for a period not exceeding 20 days. At the conclusion of the 20-day period, the covered alien and the alien’s child shall be released. Such release may include conditions to ensure the appearance of the covered alien at any subsequent required immigration reporting and court proceedings, at which the alien shall be provided access to counsel.

Summary: Family Unity Rights and Protection Act This bill requires the Departments of Health and Human Services, Homeland Security, State, and Defense to ensure that alien children (i.e., children under the age of 18 removed from their parents or legal guardians at or near a port of entry or within 100 miles of the U.S. border pursuant to a zero tolerance policy for criminal illegal reentry) are reunited at the earliest possible date with their parents and guardians from whom they were separated. It also requires notification of parents and guardians of procedures for reuniting with such children and for the location of such children. The bill requires the creation of an electronic registry for information used to locate such alien children and their parents and guardians. The information in such registry may only be used for locating such children and may not be used in any criminal prosecution or other immigration proceeding. The bill also sets forth conditions on the termination of parental rights in immigration proceedings and requires the consolidation of asylum and immigration proceedings involving alien children.